Illinois Employee Classification Poster Notice Requirement
The Illinois Employee Classification Poster must be posted by construction contractors employing individuals not classified as employees. The Illinois Employee Classification Act (820 ILCS 185/1-999) establishes specific criteria to determine if an individual performing services for a construction contractor is an employee or an independent contractor. Individuals performing services for contractors are presumed to be employees of the contractor unless they meet the specified criteria. Workers who are classified as employees are offered a number of protections under Illinois labor laws that do not apply to independent contractors. A contractor must also comply with specific insurance and tax responsibilities related to its employees. These benefits and protections include minimum wage and overtime requirements, workers’ compensation coverage and unemployment insurance.
Misclassified Worker Rights
The poster advises individuals who have not been properly classified as employees of their right to remedies for misclassification violations. A misclassified worker may file a complaint with the Illinois Department of Labor (IDOL) or file a private lawsuit against the contractor-employer. The misclassified worker has 3 years from the final date of performing the services for the contractor within which to file a private lawsuit. Contractors determined to be in violation of the law are subject to civil and criminal penalties. In addition, if the IDOL determines that a contractor has violated the Act, the Department is required to notify the Department of Employment Security, The Department of Revenue, the State Comptroller’s Office and the Illinois Workers’ Compensation Commission. It is a violation of the law to discharge an individual for exercising their rights.
The Employee Classification Poster describes the protections of the law in English, Spanish, and Polish.