In an issued statement on February 28th, 2014 the Illinois Department of Labor (IDOL) Director Joseph Costigan declared that the Illinois Supreme Court decided to uphold the law known as the Employee Classification Act. This act protects those working in the construction industry from being classified as mislabeled as being independent contractors who must adhere to different laws than other individuals working in construction. The act allows for a more even treatment of workers within the construction industry as a whole.
According to Costigan, “The Court rejected a constitutional challenge posed by a roofing contractor that claimed the law violates “due process rights and is impermissibly vague,” (Bartlow v. Costigan, Ill., No. 2014 IL 115152, 2/21/14)”. The court stated that the law was constitutional on February 21st. The law was first put into effect in 2008 and since then over three-hundred thousand dollars have been collected in penalties in over 100 investigations by the Illinois Department of Labor.
Joseph Costigan stated, “Misclassifying employees as independent contractors means payroll taxes, unemployment insurance, worker’s compensation premiums, and overtime do not get paid. Misclassifying workers is illegal, places an unfair tax burden on workers, and costs the State of Illinois up to $700 million a year in lost taxes and payments.”
This ruling allows authorities to further investigate and crackdown on illegal practices and ensures that families of construction workers get paid what they are owed. For more information regarding the Employee Classification Act, read the full article here: www.workerscompensation.com
If you or a loved one has been a victim of miss-classification and suffered an injury on the job you may be able to receive additional worker’s compensation. Call a Chicago Construction Accident Attorney by calling 312-641-9200 to schedule a free consultation and discuss your case with an experienced workplace injury lawyer at The Horwitz Law Group.
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