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Illinois Employee Classification Act
820 ILCS 185/
Amendatory Provisions

Section 900. The State Comptroller Act is amended by adding Section 9.06 as follows:
(15 ILCS 405/9.06 new) Sec. 9.06. Misclassification of employees as independent contractors. The Department of Labor, the Department of Employment Security, the Department of Revenue, the Office of the State Comptroller, and the Illinois Workers' Compensation Commission shall cooperate under the Employee Classification Act by sharing information concerning any suspected misclassification by an employer or entity, as defined in the Employee Classification Act, or one or more employees as independent contractors.

Section 901. The Department of Employment Security Law of the Civil Administrative Code of Illinois is amended by adding Section 1005-160 as follows:
(20 ILCS 1005/1005-160 new) Sec. 1005-160. Misclassification of employees as independent contractors. The Department of Labor, the Department of Employment Security, the Department of Revenue, the Office of the State Comptroller, and the Illinois Workers' Compensation Commission shall cooperate under the Employee Classification Act by sharing information concerning any suspected misclassification by an employer or entity, as defined in the Employee Classification Act, of one or more employees as independent contractors.

Section 905. The Department of Labor Law of the Civil Administrative Code of Illinois is amended by adding Section 1505-125 as follows:
(20 ILCS 1505/1505-125 new) Sec. 1505-125. Misclassification of employees as independent contractors. The Department of Labor, the Department of Employment Security, the Department of Revenue, the Office of the State Comptroller and the Illinois Workers' Compensation Commission shall cooperate under the Employee Classification Act by sharing information concerning any suspected misclassification by an employer or entity, as defined in the Employee Classification Act, of one or more employees as independent contractors.

Section 910. The Department of Revenue Law of the Civil Administrative Code of Illinois is amended by adding Section 2505-750 as follows:
(20 ILCS 2505/2505-750 new) Sec. 2505-750. Misclassification of employees as independent contractors. The Department of Labor, the Department of Employment Security, the Department of Revenue, the Office of the State Comptroller, and the Illinois Workers' Compensation Commission shall cooperate under the Employee Classification Act by sharing information concerning any suspected misclassification by an employer or entity, as defined in the Employee Classification Act, of one or more employees as independent contractors.

Section 915. The State Finance Act is amended by adding Section 5.675 as follows:
(30 ILCS 105/5.675 new) Sec. 5.675. The Employee Classification Fund.

Section 920. The Illinois Procurement Code is amended by changing Section 50-70 as follows:
(30 ILCS 500/50-70) Sec. 50-70. Additional provisions. This Code is subject to applicable provisions of the following Acts:

  • (1) Article 33E of the Criminal Code of 1961;
  • (2) the Illinois Human Rights Act;
  • (3) the Discriminatory Club Act;
  • (4) the Illinois Governmental Ethics Act;
  • (5) the State Prompt Payment Act;
  • (6) the Public Officer Prohibited Activities Act; and
  • (7) the Drug Free Workplace Act; and
  • (8) the Employee Classification Act. (Source: P.A. 90-572, eff. 2-6-98.)


Section 925. The Workers' Compensation Act is amended by adding Section 26.1 as follows:
(820 ILCS 305/26.1 new) Sec. 26.1. Misclassification of employees as independent contractors. The Department of Labor, the Department of Employment Security, the Department of Revenue, the Office of the State Comptroller, and the Illinois Workers' Compensation Commission shall cooperate under the Employee Classification Act by sharing information concerning any suspected misclassification by an employer or entity, as defined in the Employee Classification Act, of one or more employees as independent contractors.


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Notes about this Section

Public Act 095-0026, effective January 1, 2008

These sections amend acts other than the Employee Classification Act in ways that empower agencies to enforce its provisions.


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