Bill > SB1623

This bill amends the Employee Classification Act to strengthen protections for workers in the construction industry by introducing new provisions regarding employee classification and liability. Specifically, the bill adds a definition for "developer" as a person who contracts for commercial construction or renovation and establishes joint and several liability for developers, general contractors, and subcontractors when a subcontractor fails to properly classify workers as employees. The bill makes it a violation for a developer or general contractor to use a subcontractor at any tier who commits a classification violation, unless they can demonstrate that they were not aware of the misclassification and took reasonable steps to prevent it. The legislation expands enforcement mechanisms, allowing the Department of Labor to investigate potential violations, with penalties ranging from $1,000 to $2,000 per violation. Repeat offenders may face additional consequences, including being added to a public list that prevents them from receiving state contracts for four years and potential criminal charges, ranging from a Class C misdemeanor to a Class 4 felony for subsequent violations within a five-year period. The bill also reinforces protections against retaliation for workers who report classification issues and provides a mechanism for interested parties or aggrieved persons to file lawsuits to recover lost wages, damages, and attorney's fees.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1623&GAID=18&DocTypeID=SB&SessionID=114&GA=104