HB 5060

Abstract

Amends the Employee Classification Act. Provides that the term "employee" does not include an individual who performs services as an operator of a truck, truck tractor, or tractor who meets certain conditions. Provides that an employer or entity that violates any of the provisions of the Act or any rule adopted under the Act shall be subject to a civil penalty not to exceed $1,000 (rather than $1,500) for each violation found in the first audit by the Department of Labor. Eliminates provision that in any civil action brought by an interested party for violation of the Act, the circuit court shall award the interested party 10% of the amount recovered. Provides that a prevailing party in any action for violation of the Act is entitled to recover attorney's fees and court costs from the losing party. Repeals provision that whenever it appears that any employer or entity has violated a valid order of the Department issued under the Act, the Director of Labor may commence an action and obtain from the court an order commanding the employer or entity to obey the order of the Department or be adjudged guilty of contempt of court and punished accordingly. Amends various Acts relating to the sharing of information by 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 concerning any (instead of suspected misclassification) by an employer or entity of one or more of its employees as independent contractors. Effective immediately.