Illinois

Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action Waivers 

Illinois

  From Lexology, Patrick M. DePoy and Michael A. Warner, Jr. discuss an Illinois case in which the court said that an arbitrator had to determine if a driver was an employee or independent contractor before the driver could proceed with a class action lawsuit.  Patrick and Michael write: Last week, a U.S. District Court Judge in Illinois ruled…

Truck Owner-Operators: Employees or Independent Contractors under Illinois Workers Compensation Act? 

two 18 wheeler trucks

From the National Law Review, Bradford Peterson discusses three cases with similar facts that did not have the same results in determining whether an owner-operator is an employee or independent contractor.  Bradford writes: Decisions by the Illinois Appellate Courts led to conflicting decisions despite substantially similar facts. In Earley v. Industrial Commission, 197 Ill. App. 3d 309 (4th…

Illinois Court finds Chicago eatery’s FLSA claims unappetizing

Illinois

  From HR.BLR.com, Steven Brenneman discusses a recent case in which drivers for a restaurant were misclassified as independent contractors.  Steven writes: The pivotal issue was whether (despite the “independent contractor” agreements they had signed) the drivers were actually employees (and thereby entitled to minimum wages and overtime) for purposes of the FLSA and the…

When an independent contractor can file a workers’ compensation claim 

Philip Bareck discusses the ability of an independent contractor to file a workers compensation claim in Illinois if the company exercises too much control. Philip writes: The Supreme Court Gets Involved Starting in the 1990’s, company’s began reclassifying employees as independent contractors. They did this to shift the tax burden to their employees and strengthen their bottom…

Illinois Truck Driver who was Misclassified as an Independent Contractor is Entitled to Workers Comp. Benefits

tractor trailer

FindLaw reports a case before the workers compensation appellate division in Illinois in which a truck driver was seeking workers compensation benefits from a company that was in the business of transporting machinery.  The court set forth the factors to be considered and then applied the factors to the truck driver’s situation.  The court’s detailed analysis…

Supreme Court Declines to Hear Challenge of Illinois Independent Contractor Classification Law

From the Ogletree Deakins Blog — “On October 14, 2014, the Supreme Court of the United States refused to consider a challenge to the Illinois Employee Classification Act, which classifies workers in the construction industry as employees unless they can meet the detailed requirements of the statute for independent contractor status. The Supreme Court denied the petition…

New York, Illinois find success in tackling labor violations

From newsobserver.com — “Illinois and New York are national leaders when it comes to curbing worker misclassification. Their efforts were highlighted by a recent review of payroll records on large, publicly financed projects conducted by reporters for McClatchy and ProPublica, an independent nonprofit news outlet, in both states. While North Carolina and other Southern states…

Illinois claims lead in auditing for misclassified ICs

From Staffing Industry Analysts — “Illinois led the nation in auditing employers for independent contractor misclassification, the Illinois Department of Employment Security announced this month. Employers that get caught face penalties. The state audited 3,635 employers in 2013 and identified 19,765 misclassified employees, according to the department. Misclassification of these workers resulted in $245.6 million…

Illinois Against Worker Misclassification

From the Alton Daily News — “If someone is an independent contractor, they will be issued a Form 1099, and will be responsible for paying income tax and Social Security and Medicare tax.  If someone is an employee, the employer withholds taxes, pays an employer’s share into Medicare and Social Security, and pays into worker…

Illinois misclassification act claim fails; bona fide corporation, not owner, performed services

From Employment Law Daily — A rare case when a worker was found to be an independent contractor in Illinois.  The appeals court agreed with the trial court that services were provided by a bona fide corporation and denied the corporation’s owner’s claim for misclassification. “Pursuant to the Act’s regulations, “an individual performing services” does not include…