Employee Classification Act

Provides that individuals performing services for construction contractors are presumed to be employees of the contractor unless they meet the criteria specified in Section 10 of the​ Act. If a contractor has misclassified employees as independent contractors, the Department may assess civil penalties and seek other remedies provided for in the Act. In addition, the Department must notify the Department of Employment Security, the Department of Revenue and the Workers' Compensation Commission who are required to check such contractor's compliance with their laws.

Although the Department of Labor only investigates complaints regarding the construction industry, complaints regarding employee misclassification in any industry can be submitted and will be referred to IDES, IDOR and IWCC for investigation. 

View Frequently Asked Questions

• Employee Classification Information: (217) 782-1710
• Email: DOL.ECA@Illinois.gov

• See the law, 820 ILCS 185/1-999 (Legislative Website)
• Administrative Code, 56 ILL. Adm. Code 240
  
• ECA Reporting Requirement
• Employer Misclassification of Workers
• Employee Classification Act Online Complaint Form 
  
• Employee Classification Act Paper Complaint Form | Spanish I Polish​
• Employee Classification Act Required Poster (Español & Polski)