Bill > HB2794

This bill amends the Employee Classification Act to strengthen protections for workers in the construction industry by introducing new provisions around employee classification and liability. The bill defines a "developer" as a person who enters into a contract 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 legislation creates new violations for developers and general contractors who utilize subcontractors that commit classification violations, though they can avoid liability by demonstrating they were not aware of the misclassification and took reasonable steps to prevent it. The bill expands enforcement mechanisms, allowing interested parties like labor unions and worker centers to file complaints, and introduces escalating penalties for repeated violations, including potential debarment from state contracts and criminal charges for willful violations. Additionally, the bill provides protections against retaliation for workers who report classification issues and allows aggrieved parties to pursue legal action to recover lost wages, damages, and attorney's fees. The overall intent is to combat worker misclassification in the construction industry, ensure proper employee classification, and provide meaningful remedies for workers whose rights are violated.

Justice

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2794&GAID=18&DocTypeID=HB&SessionID=114&GA=104