Illinois Employee Classification Act

Illinois Employee Classification Act Construction Poster

Help satisfy Illinois construction industry posting requirements with the Illinois Employee Classification Act Poster. Illinois construction contractors that have one or more individuals performing services who are not classified as employees must display the required notice at each applicable jobsite and in each contractor office.

Poster Specifications

• Size: 17"W x 11"H
• Orientation: Landscape
• Languages: English, Spanish and Polish
• Format: Illinois Employee Classification Act 3-in-1 notice
• Finish: Completely laminated with high-quality laminate
• Requirement: Illinois Employee Classification Act, 820 ILCS 185

Who Must Post the Illinois Employee Classification Act Notice?

Illinois construction contractors that have one or more individuals performing services who are not classified as employees must post the required Employee Classification Act notice.

The requirement applies when individuals perform construction services for a contractor as independent contractors or otherwise are not classified as employees under Section 10 of the Act.

What Is the Illinois Employee Classification Act?

The Illinois Employee Classification Act establishes criteria for determining whether an individual performing services for a construction contractor is an employee or an independent contractor.

Individuals performing services for construction contractors are generally presumed to be employees unless the applicable requirements for independent contractor classification are satisfied.

The law is designed to help protect construction workers from being improperly classified as independent contractors in order to avoid wage, tax, workers' compensation, unemployment insurance, and other employment obligations.

What Types of Construction Work Are Covered?

The Illinois Employee Classification Act defines construction broadly. Depending on the work performed, covered construction activities can include:

• Construction
• Alteration and reconstruction
• Repairing and rehabilitation
• Refinishing and refurbishing
• Remodeling and renovation
• Remediation
• Custom fabrication
• Maintenance
• Landscaping
• Painting and decorating
• Demolition
• Excavation
• Road and highway work
• Bridge construction
• Sewer and water works
• Parking facilities
• Moving construction-related materials on or to and from a jobsite
• Other construction activities covered by Illinois law

Employee or Independent Contractor?

Under the Illinois Employee Classification Act, an individual performing services for a construction contractor is presumed to be an employee unless the contractor can establish that the applicable independent contractor requirements are satisfied.

Among other requirements, the contractor generally must establish that:

• The individual is free from control or direction over the performance of the service, both under the contract and in fact
• The service performed is outside the usual course of services performed by the contractor
• The individual is engaged in an independently established trade, occupation, profession, or business

Separate requirements apply when determining whether an individual qualifies as a legitimate sole proprietor or partnership under the Act.

Why Does Worker Classification Matter?

Correct worker classification affects important employee rights and employer responsibilities.

An employee who is incorrectly classified as an independent contractor can lose protections or benefits involving:

• Minimum wage
• Overtime compensation
• Workers' compensation
• Unemployment insurance
• Payroll taxes
• Employment benefits
• Other protections provided by state and federal employment laws

Where Must the Illinois Employee Classification Act Poster Be Displayed?

Covered contractors must post and keep the required notice in a conspicuous place on each jobsite where individuals not classified as employees perform services.

The notice must also be posted in each of the contractor's offices.

Appropriate locations can include:

• Construction jobsite offices
• Job trailers
• Worker check-in areas
• Construction safety bulletin boards
• Contractor offices
• Employee and contractor common areas
• Other conspicuous locations accessible to affected workers

What if Posting at the Jobsite Is Not Practical?

When it is not practicable to post the Employee Classification Act notice at a jobsite, Illinois regulations require the notice to be provided to the individuals performing services who are not classified as employees.

Contractors should ensure that affected individuals receive the required information even when physical jobsite posting is impractical.

What Languages Are Required?

Illinois requires the Employee Classification Act notice to be posted in English, Spanish and Polish.

The current Illinois Department of Labor 3-in-1 notice includes all three required languages on one poster.

Can a Worker File a Misclassification Complaint?

Yes. An individual who believes they have been improperly classified may file a complaint with the Illinois Department of Labor.

An aggrieved individual or interested party may also have the right to pursue applicable legal remedies for violations of the Employee Classification Act.

What Remedies Can Be Available for Misclassification?

Depending on the circumstances, remedies for violations of the Employee Classification Act can include recovery of:

• Unpaid wages
• Employment benefits
• Other compensation denied or lost because of misclassification
• Monetary damages
• Attorney's fees
• Court costs
• Other remedies available under Illinois law

Contractors that violate the Act can also be subject to civil and criminal penalties.

Protection Against Retaliation

Illinois law prohibits unlawful retaliation against individuals for exercising rights under the Employee Classification Act.

Protected activities can include:

• Filing a misclassification complaint
• Reporting a suspected violation
• Participating in an investigation
• Testifying in a proceeding
• Otherwise exercising rights protected under the Act

Is the Illinois Employee Classification Act Poster Required?

Yes, for covered Illinois construction contractors utilizing individuals who are not classified as employees.

This is an industry-specific posting requirement. It is not a general workplace poster required of every Illinois employer.

Does This Poster Apply to Every Independent Contractor in Illinois?

No. The Illinois Employee Classification Act posting requirement specifically addresses worker classification in the construction industry.

Worker misclassification can create legal issues in other industries, but this particular Employee Classification Act poster is required for covered construction contractors utilizing individuals who are not classified as employees.

Does This Poster Replace the Illinois Wage Payment Construction Poster?

No. The Illinois Employee Classification Act and Illinois Wage Payment and Collection Act establish separate construction-industry requirements.

A construction contractor may be subject to both notices depending on the project, workers, contractors, and subcontractors involved.

Illinois Workplace Compliance Resources

Labor Law Compliance Center provides Illinois employers and construction contractors with state and federal labor law posters, construction notices, temporary labor postings, city and local notices, and specialty compliance products. Visit our Illinois Labor Law Posters page or browse our Illinois State Specialty Posters for additional Illinois workplace compliance products.