HB 5002

Abstract

Creates the Employee Classification Act. States that the Act is intended to address the practice of misclassifying employees as independent contractors. Provides that an individual performing any service is deemed to be an employee unless specified conditions are met. Requires summaries of the requirements of the Act to be posted by specified methods. Provides that it is a violation of the Act to misclassify persons performing services as employees. Contains provisions regarding: enforcement; investigations; hearings; remedies; review; contempt as a remedy; civil penalties for violations; creation of an Employee Classification Fund and the uses of moneys in the Fund; retaliation; creation of a private right of action; adoption of rules; criminal penalties; and other matters. Amends the State Finance Act to include the Fund as a special fund. Amends the Department of Employment Security Law, the Department of Revenue Law, and the Workers' Compensation Act to require cooperation with the Department of Labor. Amends the Illinois Procurement Act to conform to the new Act. Contains a severability clause. Effective July 1, 2006.