Ill. High Court Holds The Line On Employee Classification

Law360, New York (April 15, 2014, 3:18 PM EDT) -- The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act ("ECA")[1] violates procedural due process rights and is impermissibly vague. The ECA sets parameters for lawfully classifying workers as independent contractors in the construction industry in Illinois. The ECA also, through its latest procedural amendments made in January 2014, creates a mechanism for employers in the construction industry to challenge determinations that the law has been violated. Handed down six years after the ECA's original effective date, the Illinois Supreme Court's decision in Bartlow v. Costigan[2] means the ECA is here to stay....

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