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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. 

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