On September 22, 2017, Illinois Governor Bruce Rauner signed new legislation (effective July 1, 2018) called the Illinois Employee Misclassification Referral System Act.

This law requires the Illinois Department of Labor to create an online misclassification referral system on the DOL website.

As such, the misclassification complaint may be automatically referred to the Illinois Department of Employment Security; and/or the Illinois Workers’ Compensation Commission; and/or the Illinois Department of Revenue; and/or the Illinois Department of Labor, as applicable via one form on the DOL online website. Per the law, anonymous and third-party complaints will not be accepted. The complaints will be made by workers allegedly misclassified as independent contractors rather than employees.

As of this date in writing this article, the Illinois Department of Labor has NOT yet created the complaint system on its website. But, the complaint system is presumably forthcoming as required by the new law.

In preparation to defend against any complaints under this new system, Illinois companies should carefully assess whether their workers are properly classified as independent contractors and know how to strengthen that relationship. Our law firm has been a leading resource for many years on the issues of independent contractor status.

Questions? Contact Attorney Tony Caruso in our St. Charles office at (630) 377-1554 or by email at ancarsuo@wesselssherman.com.