reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart C - COMPLAINT › Section 230.330 - Employer Threshold

Current through Register Vol. 48, No. 28, July 12, 2024
The Director will determine if an employer is covered under
				  the Act and this Part by calculating the number of employees in the calendar
				  quarter that immediately precedes the date of the required
				  notice.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart C - COMPLAINT › Section 230.340 - Application and Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director will determine if the requisite number of employees is affected to
				trigger notice by:
1) either looking ahead 30
				days or behind 30 days to determine whether employment actions in the aggregate
				for any 30-day period reach the minimum numbers for a plant closing or a mass
				layoff and thus trigger the notice requirement; and
2) looking ahead 90 days or behind 90 days to
				determine whether employment actions, each of which separately is not of
				sufficient size to trigger coverage, will, in the aggregate for any 90-day
				period, reach the minimum numbers for a plant closing or mass layoff and thus
				trigger the notice requirement. An employer is not, however, required to give
				notice if the employer demonstrates that the separate employment losses are the
				result of separate and distinct actions and causes and are not an attempt to
				evade the requirements of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart C - COMPLAINT › Section 230.350 - Consolidation

Current through Register Vol. 48, No. 28, July 12, 2024
Similar complaints related to the same respondent for the
				  same alleged violation may be consolidated before the
				  Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart D - ANSWER, RESPONSE AND RECORD › Section 230.400 - Answer, Response and Record

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each respondent must remit to the Department a written response to the
				complaint within 21 calendar days after the date the Department forwarded the
				complaint. The response shall be signed by a duly authorized individual
				representative and shall include a complete, accurate and responsive
				explanation to the claim necessary and appropriate to the Department's
				investigation, specifying any exceptions asserted and any disputed and
				undisputed facts. If the respondent is asserting an exception, the respondent
				shall submit a written record consisting of those documents relied upon and an
				affidavit verifying the contents of the documents contained in the record as
				required by Section 15 of the Act.
b) Upon receipt of a respondent's response,
				the Department will forward the response to the complainant, except for any
				records to remain confidential pursuant to Section 30(c) of the Act.
				Complainant shall submit a rebuttal to the Department within 21 calendar days
				after the date the Department forwarded the nonconfidential portion of
				respondent's response.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart E - INVESTIGATION PROCEDURE › Section 230.500 - Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) After reviewing
				the information gathered as set forth in Subpart D of this Part, the Department
				shall determine whether a violation of the Act has occurred. If the Department
				needs additional information to determine if a violation of the Act has
				occurred, a conciliator may institute an investigation pursuant to Section 30
				of the Act to gather further information.
b) A conciliator may examine the employer'
				books and records, as well as any other documents reasonably related to the
				allegation, to determine whether a violation of the Act has occurred.
c) The Director shall notify the parties or
				the parties' representative of the results of the investigation.
d) The Director shall issue a written
				determination on whether a violation of the Act has occurred and shall
				determine the amount of back pay, civil penalties or other relief due, if
				applicable.
e) The Director shall
				provide the parties with an opportunity to review any determination made
				pursuant to this Section. The review will be conducted pursuant to the
				procedures set forth in Subpart F of this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart E - INVESTIGATION PROCEDURE › Section 230.510 - Enforcement Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				payment of any back pay or other relief as provided in Section 35 of the Act
				will be evidence of compliance with the provisions of the Act. Payment shall be
				supervised, when possible, by the Director.
b) Director may require proof that the
				employees or former employees received all the back pay and other relief due
				pursuant to Section 35 of the Act and the Director may require the respondent
				to send certified checks, cashier's checks or money orders, made payable to the
				individual employees or the Department of Labor, to the Department for
				disbursement.
c) If the respondent
				does not comply within 15 calendar days after the Director's notice of
				noncompliance, or the respondent fails to request review of a completed
				investigation as set forth in Subpart F, the Director may bring an action
				against the respondent as provided in Subpart G of this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart E - INVESTIGATION PROCEDURE › Section 230.520 - Procedure for Assessment of Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall conduct
				investigations, conferences or hearings for the purpose of assessing penalties
				as provided under Section 40 of the Act.
b) When the Department finds, upon evidence
				resulting from an investigation, that an employer has violated the Act or
				regulations, the Director may issue a notice to the employer of a civil
				penalty, if any, to be assessed for the violation.
c) The Department may convene an informal
				investigative conference for the purpose of obtaining evidence, identifying the
				issues in dispute and exploring the possibility of a negotiated settlement.
				Notice of the conference shall be given to the employer at least 10 days prior
				to the conference and shall identify the individuals requested to attend, along
				with any books, records or documents the employer must produce at the
				conference. The Department shall consider the matter resolved in the event a
				settlement has been reached prior to the conference date.
d) An employer may be accompanied at the
				informal conference by an attorney and by a translator if necessary. The
				employer may bring witnesses to the conference in addition to those whose
				attendance may be specifically requested by the Department, but the Department
				employee conducting the conference shall decide which witnesses shall be heard
				and the order in which they will be heard. The Department employee conducting
				the conference may exclude witnesses and other persons from the conference when
				they are not giving evidence, except that the employer's counsel and
				translator, if necessary, may be permitted to remain throughout. The Department
				employee shall conduct and control the proceedings. No tape recording,
				stenographic report or other verbatim record of the conference shall be
				made.
e) If any person becomes
				disruptive or abusive, the Department employee shall exclude the person from
				the conference and shall continue the conference without the excluded
				individual.
f) If the informal
				conference is held but did not resolve the dispute, a final determination on
				the amount of civil penalties may be made in an administrative hearing pursuant
				to Section
				230.710.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart F - INFORMAL INVESTIGATIVE HEARING ON INVESTIGATION RESULTS › Section 230.600 - Request for Informal Investigative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) After receiving a written determination
				under Section
				230.500
				or Section
				230.520,
				either party subject to the determination may request an informal investigative
				hearing to review the determination. The informal investigative hearing is
				conducted to obtain evidence, identify the issues in dispute, ascertain the
				positions of the parties, explore the possibility of settlement and decide
				whether there is sufficient evidence to recommend Department action pursuant to
				Subpart G.
b) All requests for an
				informal investigative hearing must be in writing and must be mailed to the
				Department's Chicago office within 15 days after the determination. A request
				for an informal investigative hearing shall specify the reasons why the party
				believes the determination is incorrect as a matter of law or fact, or, if
				applicable, any newly discovered evidence the party could not have discovered
				during the investigation. Late submissions need not be considered by the
				Director.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart F - INFORMAL INVESTIGATIVE HEARING ON INVESTIGATION RESULTS › Section 230.610 - Informal Investigative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) At an informal investigative hearing, a
				party may be represented by himself or herself or by an attorney at law. The
				Department may permit a party to have available witnesses, a translator and/or
				a representative of a union.
b)
				Parties shall be prepared to proceed at the informal investigative hearing. A
				request by one party for a continuance will be granted prior to the hearing
				only if the other party agrees and the Department grants permission. Otherwise,
				a request for a continuance shall be made in person to the Department at the
				time of the hearing and will be granted only upon a showing of good cause. Good
				cause may be shown by, without limitation, the failure of a party to receive
				notice of the hearing, the inability of a party to produce a material witness
				or relevant evidence, the illness or death of a party or counsel, the sudden
				and unexpected unavailability of counsel and substitution of counsel.
c) The Department shall conduct the informal
				investigative hearing and control the proceedings. No tape recordings,
				stenographic report or other verbatim record of the hearing shall be
				made.
d) If any person becomes so
				disruptive or abusive that a full and fair hearing cannot be conducted, the
				Department shall exclude the person from the hearing. The Department may take
				any of the following actions: continue the hearing without participation of the
				excluded individual; render a decision based upon the evidence previously
				presented; dismiss the complaint; or strike the employer's response.
e) Telephone Hearing
1) Written requests to participate in an
				informal investigative hearing by telephone must be received by the
				Department's Chicago office no later than seven calendar days prior to the
				hearing date. The request shall be in writing and state a compelling reason why
				the party needs to participate by telephone and the name, address and telephone
				number of the person to be contacted.
2) A party shall not consider its request
				granted unless the party receives written notice of the Department's approval
				prior to the hearing date.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart F - INFORMAL INVESTIGATIVE HEARING ON INVESTIGATION RESULTS › Section 230.620 - Request for Review

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the issuance of a decision under this Subpart F, a party
				  has 15 days from the date of the decision to request a review of the decision.
				  The request must set forth the reasons why the party believes the Director's
				  duly authorized representative misconstrued the evidence or misapplied the law
				  to the facts. Late submissions need not be considered by the
				  Director.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart G - FORMAL ADMINISTRATIVE HEARING › Section 230.700 - Department Action

Current through Register Vol. 48, No. 28, July 12, 2024
Any liabilities and/or civil penalties found due under
				  Section 35 and Section 40 of this Act and not paid may be subject to a formal
				  administrative hearing to recover the amounts found due and
				  owing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 230 - ILLINOIS WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT › Subpart G - FORMAL ADMINISTRATIVE HEARING › Section 230.710 - Procedures in Formal Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
Upon referral of a matter for formal administrative hearing,
				  the parties and the Department shall comply with this Part, all provisions of
				  Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100 /Art. 10],
				  and the Department's Rules of Procedure in Administrative Hearings (56 Ill.
				  Adm. Code 120).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart A - GENERAL PROVISIONS › Section 240.100 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Act
				addresses the practice in the construction industry of some contractors
				misclassifying individuals as independent contractors in order to avoid payroll
				taxes, unemployment insurance contributions, workers' compensation premiums and
				minimum wage and overtime payments. This practice of misclassification puts
				contractors that comply with tax and employment laws at a competitive
				disadvantage.
b) For purposes of
				ensuring that contractors comply with tax and employment laws, the Department
				of Labor, the Department of Employment Security, the Department of Revenue and
				the Illinois Workers' Compensation Commission shall cooperate by sharing
				information concerning any suspected misclassification of employees as
				independent contractors.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart A - GENERAL PROVISIONS › Section 240.120 - Application of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				individual performing services for a contractor is covered by the
				Act.
b) Construction services
				performed on or after January 1, 2008 are covered by the Act. The
				misclassification of an employee as an independent contractor prior to January
				1, 2008 shall not serve as the basis for a violation under the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart B - COMPLAINTS › Section 240.200 - Persons Who May File a Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
Any person may file a complaint alleging a violation of the
				  Act. The Department can initiate an investigation upon its own
				  motion.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart B - COMPLAINTS › Section 240.210 - Contents and Filing of a Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a) A complaint shall be filed on a form to be
				supplied by the Department. Each complaint shall contain the following
				information:
1) the full name and address of
				the complainant;
2) the full name
				and address of the contractor;
3) a
				statement or reflection of the complainant's basis of knowledge of the
				essential facts constituting the alleged violation, including the dates and
				locations of the alleged violation and the nature of the contractor's
				business;
4) the complainant's
				signature, including date of signing; and
5) a statement as to any other action, civil
				or criminal, instituted by the complainant or that the complainant has
				knowledge of, in any other forum based on the same violation as alleged in the
				complaint, together with a statement as to the status or disposition of the
				other action.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart B - COMPLAINTS › Section 240.220 - Review of Complaints and Dismissals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Complaints shall be reviewed by the
				Department to determine whether there is cause for investigation.
b) If the complaint fails to conform to the
				requirements set forth in Section
				240.210,
				the complaint may be dismissed.
c)
				A complaint may also be dismissed for lack of jurisdiction (examples include,
				but are not limited to: the construction project is located outside the State
				of Illinois; the complaint does not involve construction services, such as an
				individual performing services in a nail salon); failure to cooperate with the
				investigation (examples include, but are not limited to: failure to respond to
				reasonable requests from the Department, such as not returning phone calls, not
				answering questions posed during the investigation); inability to locate a
				party; failure to complete a complaint; lack of evidence that a violation under
				the Act occurred; or repeat complaints filed by the same interested party
				against the same contractor for the same investigation.
d) The Department shall serve a written
				notice of dismissal of all or part of a complaint. The dismissal notice shall
				state the grounds for dismissal. The dismissal notice shall also advise the
				parties of the right to bring a private action pursuant to Section 60 of the
				Act.
e) If at any time the
				Department becomes aware that there is a complaint pending in federal or State
				court containing some or all of the issues before the Department, it may
				suspend or close its investigation of those issues of the complaint that are
				being litigated and continue to process the remaining issues. The Department
				shall notify all parties in writing if its investigation of a complaint has
				been suspended or closed.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart B - COMPLAINTS › Section 240.230 - Incomplete Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department receives a written complaint that complies
				  substantially with Section
				  240.210
				  but is lacking an element that still must be provided, the Department may
				  accept the complaint as an incomplete complaint. The Department shall notify
				  the complainant in writing of the element that must be supplied. If the
				  complainant fails or refuses to perfect the complaint within 30 calendar days,
				  the complaint may be dismissed pursuant to Section
				  240.220.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart C - INVESTIGATION PROCEDURES › Section 240.300 - Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall conduct an investigation to ascertain
				  the facts relating to the violations alleged in the complaint and determine
				  whether a violation under the Act has occurred. The investigation may be made
				  by written or oral inquiry, field visit, conference or any method or
				  combination of methods deemed suitable at the discretion of the Department. The
				  Department shall notify the contractor in writing, within 120 days after the
				  filing of a complaint, of the filing of a complaint and provide the employer
				  the locations of the projects, approximate dates of the projects, affected
				  contractors and the nature of the allegations being investigated. The
				  Department shall provide the contractor an opportunity to present any
				  information the contractor wishes the Department to consider in reaching its
				  determination.
a) During the
				investigation, if a contractor refuses to cooperate, the Department may make a
				finding that the Act has been violated based upon the evidence available to the
				Department.
b) After a timely
				complaint has been filed, the Department may investigate alleged violations
				that may have occurred within the 3 years preceding the date the complaint was
				filed.
c) Before making a final
				determination of a violation, the Department shall notify the contractors of
				the substance of the Department's investigation and afford the contractors an
				opportunity to present any written information, within 30 calendar days, for
				the Department to consider in reaching its determination.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart C - INVESTIGATION PROCEDURES › Section 240.310 - Fact-Finding Conference

Current through Register Vol. 48, No. 28, July 12, 2024
As part of its investigation, the Department may convene a
				  fact-finding conference in person or by telephone for the purpose of obtaining
				  additional information or evidence, identifying the issues in dispute,
				  ascertaining the positions of the parties and exploring the possibility of
				  settlement. The fact-finding conferences will be limited to those issues the
				  Department believes to be relevant.
a)
				Notice of the conference shall be given to all parties at least 15 calendar
				days prior to the conference and shall identify the individuals requested to
				attend on behalf of each party.
b)
				A party may be accompanied at a fact-finding conference by the party's attorney
				or other representative and by a translator if necessary.
c) A Department investigator shall conduct
				the conference and control the proceedings. No tape recordings, stenographic
				report or other verbatim record of the conference shall be made. If any person
				fails to cooperate at the conference and becomes so disruptive or abusive that
				a full and fair conference cannot be conducted, the Department investigator
				shall exclude the person from the conference.
d) A party who appears at the conference
				exclusively through an attorney or other representative unfamiliar with the
				events at issue shall be deemed to have refused to attend, unless, with respect
				to a contractor, the contractor establishes that it does not employ or control
				any person with knowledge of the events at issue. A complainant who refuses to
				attend a fact-finding conference may be dismissed from the complaint pursuant
				to Section
				240.220.
				If a contractor or complainant refuses to attend a fact-finding conference, the
				Department shall make a determination based upon the evidence provided to the
				Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart C - INVESTIGATION PROCEDURES › Section 240.320 - Independent Contractor Test

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				individual performing services for a contractor is deemed to be an employee
				unless the individual meets all three conditions in Section 10(b)(1), (2) and
				(3) of the Act or the sole proprietor or partnership is deemed legitimate by
				meeting all 12 conditions in Section 10(c) of the Act.
b) In determining whether direction or
				control exists, the Department will consider the following factors. For
				purposes of this Section, an "individual" means an individual performing
				services for a contractor. No one factor is dispositive of the issue of whether
				an individual is an employee or an independent contractor. The Department will
				review the totality of circumstances in making a decision on direction and
				control.
1) Is the individual eligible for a
				pension, health insurance, bonuses, paid vacation, or sick pay?
2) Does the contractor carry Workers'
				Compensation insurance and pay Unemployment Insurance taxes on the
				individual?
3) Does the contractor
				deduct Social Security taxes from the individual's compensation and report the
				worker's income to the Internal Revenue Service (IRS)?
4) Does the contractor furnish the individual
				with transportation, samples, business cards, or an expense account?
5) Does the contractor require the individual
				to turn down work from other contractors or assign or limit the territory in
				which the individual performs services?
6) Does the contractor set the price and
				credit terms for the product or the services being performed by the
				individual?
7) Does the contractor
				require attendance at meetings or provide training?
8) Does the contractor have the right to set
				rules and regulations?
9) Does the
				contractor require the individual to perform services a specific number of
				hours per day or per week?
10) Does
				the contractor issue assignments, schedule work or set quotas with time
				requirements?
11) Does the
				contractor require the individual to follow a routine, order or sequence set by
				the contractor in performing the services?
12) Does the contractor engage the individual
				with the expectation that the relationship will continue indefinitely, rather
				than for a specific project or period of time?
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart D - CONTRACTOR RECORD KEEPING › Section 240.400 - Record Keeping

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every
				contractor, including subcontractors, shall maintain records for all
				individuals performing services for that contractor or subcontractor,
				regardless of how those individuals are classified. These records shall be
				maintained for a period of 3 years unless the records relate to an ongoing
				investigation or enforcement action under the Act, in which case the records
				must be maintained until their destruction is authorized by the Department or
				by court order.
b) Records to be
				maintained by the contractor shall include all documents related to, or tending
				to establish the nature of, the relationship between the contractor and
				individuals performing services. Records that must be maintained for each
				individual performing services for the contractor include, but are not limited
				to:
1) name, address, phone number, Social
				Security number, Individual Tax Identification Number and Federal Employer
				Identification Number;
2) the type
				of work performed and the total number of days and hours worked;
3) the method, frequency and basis on which
				wages were paid or payments were made;
4) all invoices, billing statements or other
				payment records, including the dates of payments, and any miscellaneous income
				paid or deductions made;
5) copies
				of all contracts, agreements, applications and policy or employment manuals;
				and
6) any federal and State tax
				documents.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart E - CONTRACTOR REPORTING REQUIREMENTS AND NOTICES › Section 240.405 - Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				contractor, other than a person meeting the responsible bidder requirements of
				Section 30-22 of the Illinois Procurement Code [30 ILCS 500], for which either
				an individual, sole proprietor or partnership is performing construction
				service, shall report all payments made to that individual, sole proprietor or
				partnership if the recipient of payment is not classified as an
				employee.
b) The report shall be
				submitted to the Department annually, on or before April 30 following the
				taxable year in which the payment was made, on forms prepared by the
				Department. The report, which shall be submitted electronically, must include:
1) the contractor name, address and business
				identification number;
2) the
				individual, sole proprietor or partnership name, address and federal employer
				identification number; and
3) the
				total amount the contractor paid to the individual, sole proprietor or
				partnership performing services in the taxable year, including payments for
				services and for any materials and equipment that was provided along with the
				services.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart E - CONTRACTOR REPORTING REQUIREMENTS AND NOTICES › Section 240.410 - Notices

Current through Register Vol. 48, No. 28, July 12, 2024
a) An entity for
				whom one or more individuals perform services who are not classified as
				employees under Section 10 of the Act shall post and keep posted, in a
				conspicuous place on each job site where those individuals perform services and
				in each of its offices, a notice in English, Spanish and Polish, prepared by
				the Department, summarizing the requirements of the Act. [820 ILCS
				185/15(b) ]
b) Where it is not practicable to post a
				notice on the job site, notices shall be provided to all individuals performing
				services who are not classified as employees.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart F - FINAL DETERMINATIONS › Section 240.500 - Decision and Notice Following Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) If, at the conclusion of an investigation,
				the Department determines that no violation of the Act or this Part has
				occurred, the complaint shall be dismissed.
b) If, at the conclusion of the
				investigation, the Department determines that a violation of the Act or this
				Part has occurred, the Department may seek a voluntary settlement agreement
				that eliminates the unlawful practice and provides appropriate relief,
				including, but not limited to, the remedies as set forth in Section
				240.510.
c) Whenever a decision is made
				under this Section, the Department shall provide a written notice to all
				parties. The notice shall include a statement of the right to bring a civil
				action as provided for in Section 60 of the Act.
d) The Department will seek voluntary
				compliance by the contractor for any violations of the Act. If the contractor
				fails to voluntarily resolve the matter, the Department shall set the matter
				for a formal hearing in accordance with the provisions of Section
				240.570.
e) As part of the settlement process, the
				Department may convene an informal settlement conference that the contractor
				must attend.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart F - FINAL DETERMINATIONS › Section 240.510 - Remedies Upon Finding of a Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Administrative Law Judge (ALJ), as part
				of any final decision finding that a violation has occurred, may:
1) order the contractor to eliminate the
				unlawful practice;
2) issue a cease
				and desist order;
3) assess civil
				penalties as set forth in Section 40 of the Act;
4) collect the amount of any wages, salary,
				employment benefits or compensation denied or lost to the individual;
5) place the contractor on the debarment list
				pursuant to Section 42 of the Act; and/or
6) take any other reasonable action to
				eliminate the unlawful practice and/or remedy the effect of the
				violation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart F - FINAL DETERMINATIONS › Section 240.520 - Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				contractor that violates any of the provisions of the Act or this Part shall be
				subject to a civil penalty not to exceed $1000 for each violation found in the
				first audit by the Department. Following a first audit, a contractor shall be
				subject to a civil penalty not to exceed $2000 for each repeat violation found
				by the Department within a five-year period.
b) Each violation of the Act, for each person
				and for each day the violation continues, shall constitute a separate and
				distinct violation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart F - FINAL DETERMINATIONS › Section 240.530 - Debarments

Current through Register Vol. 48, No. 28, July 12, 2024
For any second or subsequent violations determined by the
				  Department within five years after a previous violation, the Department shall
				  add the contractor to a debarment list that will be posted on its official
				  website. The Department shall give notice to the contractor of its placement on
				  the list. No State contract shall be awarded to any contractor placed on the
				  debarment list until four years have elapsed from the date of the last
				  violation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart F - FINAL DETERMINATIONS › Section 240.540 - Criminal Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				contractor or individual who willfully violates the Act or this Part, or
				obstructs the Director of Labor or his or her representatives in the
				enforcement of the Act, shall be subject to penalties up to double the
				statutory amount, punitive damages, and/or criminal penalties as set forth in
				Section 45 of the Act.
b) Anyone
				attempting to induce an individual to waive any provision of the Act shall be
				guilty of a Class C misdemeanor.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart F - FINAL DETERMINATIONS › Section 240.550 - Retaliation

Current through Register Vol. 48, No. 28, July 12, 2024
A contractor shall not retaliate against any person for
				  exercising his/her rights under the Act. Any such retaliation shall subject the
				  contractor to civil penalties, a private cause of action, or both, as set forth
				  in Section 55 of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart F - FINAL DETERMINATIONS › Section 240.560 - Referral to Other Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department of Labor determines that a contractor has
				  misclassified individuals as independent contractors in violation of the Act,
				  the Department shall notify the Department of Employment Security, the
				  Department of Revenue, the Office of the State Comptroller, and the Illinois
				  Workers' Compensation Commission as set forth in Section 75 of the
				  Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart A - DEFINITIONS › Section 250.100 - Definition of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
As used herein the term "Act" shall mean the Child Labor Law,
				  approved June 30, 1945, L. 1945, p. 754, as amended. (Illinois Revised Statutes
				  1977, ch. 48, pars. 31.1 et seq. as amended)
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.200 - Employers Subject to the Act

Current through Register Vol. 48, No. 28, July 12, 2024
An employer becomes subject to the Act by the presence of a
				  minor on the employer's premises performing work, or by the inclusion of a
				  minor on the employer's payroll, or by a minor receiving or having a reasonable
				  expectation of receiving compensation from the employer. Such compensation need
				  not be monetary. For purposes of this Section, compensation shall not include
				  provision of food, clothing and shelter by a parent or a legal
				  guardian.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.205 - Minors Assisting Employees of Tax Supported School Lunch Programs

Current through Register Vol. 48, No. 28, July 12, 2024
In the Illinois School Lunch Program a common practice is to
				  have minors assist the employees in the serving of meals and the subsequent
				  cleanup in exchange for their lunch in lieu of other remuneration. In such
				  programs that are financed by tax revenues such minors shall not be considered
				  employees for purpose of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.210 - Movie Theatres

Current through Register Vol. 48, No. 28, July 12, 2024
Employment in an:
a)
				Indoor movie theatre is not a hazardous occupation,
b) Outdoor or drive-in movie theatres shall
				be a hazardous occupation with the exception of the indoor portion
				thereof.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.215 - Car Wash

Current through Register Vol. 48, No. 28, July 12, 2024
A minor may not be employed in any car wash that uses power
				  driven machinery, or involves the moving of motor vehicles in its course of
				  operation, provided that office and other non-hazardous employment shall not be
				  prohibited.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.220 - Employment in or about Airfields

Current through Register Vol. 48, No. 28, July 12, 2024
A minor may not be employed in or about an airfield. This
				  includes, but is not limited to, storage areas, hangers, baggage areas,
				  runways, taxi strips, and fueling areas, but does not include areas such as
				  gift shops, restaurants, or other rental establishments located inside the
				  terminal proper which does not expose the minor to power driven machinery or
				  alcoholic beverages sold for consumption on the premises.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.225 - Office and Ice Cream Dispensing Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Minors may be employed in an office in
				which power driven office equipment, including but not limited to typewriters,
				adding machines, copying machines, is used.
b) The prohibition against power driven
				machinery shall not apply to those machines used to dispense frozen custards
				and similar types of soft ice cream, milk shake machines and other soda
				fountain machinery without sharp edges or blades or other hazardous open,
				moving parts.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.230 - Enclosed, Self-sealing Automatic Dishwashers

Current through Register Vol. 48, No. 28, July 12, 2024
A minor may be employed in an occupation requiring the use of
				  an automatic or power driven dishwasher, provided said dishwasher is enclosed
				  on all sides, is self-sealing, can be fastened completely shut and provided
				  further that the dishwashing machine has no moving parts which are exposed or
				  otherwise hazardous.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.235 - Power Driven Machinery

Current through Register Vol. 48, No. 28, July 12, 2024
a) About or
				in connection with power driven machinery shall mean any work requiring the
				presence of the minor around machinery whose motors and moving components are
				not enclosed as to prevent access to danger zones. Whether or not the machinery
				is operating is immaterial. Thus, after hours cleanup in such an establishment
				is prohibited; provided that office and messenger and other non-hazardous
				employment shall not be prohibited.
b) Office and non-hazardous messenger
				employment is not prohibited. Work performed in connection with electrically
				powered office machines, and ice cream machines with moving parts and motors
				enclosed as to prevent access to their danger zones, is not considered
				hazardous power driven machinery.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.240 - Exhibition Park or Place of Amusement

Current through Register Vol. 48, No. 28, July 12, 2024
a) State, county or local fairs, park
				districts and permanently constructed entertainment centers are not prohibited
				occupations under the Act; however, the carnival, midway and mechanical rides
				portion thereof is prohibited.
b) A
				place of amusement is distinguished from a center of entertainment insofar as a
				place of entertainment does not house nor become involved with the operation of
				legal games of chance, as coin operated amusement devices, which are found in
				places of amusement.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.245 - Employment in Establishments Selling Package Liquors

Current through Register Vol. 48, No. 28, July 12, 2024
Such employment is not prohibited to a minor provided:
a) No liquor is actually manufactured or
				bottled on the premises,
b) No
				containers are opened or alcoholic beverages sold or served for consumption on
				the premises.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.250 - Shopping Malls and Similar Structures Containing Two or More Buildings

Current through Register Vol. 48, No. 28, July 12, 2024
Alcoholic beverages served or sold for consumption on the
				  premises shall mean only that building in which the sale and/or consumption
				  occurs. Other buildings therein shall not be a prohibited occupation under
				  Section 7(13) of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.255 - Performances in Alcoholic Beverage Serving Establishments Excepting those Theatrical Productions in Sec. 8 of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
Minors are prohibited from being employed in establishments
				  serving alcoholic beverages. This includes but is not limited to bands, rock
				  groups, and other types of non-theatrical entertainment except as provided for
				  in section 7(13) of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.260 - Employment of Minors as Models

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Certificates
1) Employment certificates must
				be obtained pursuant to Section 9 through 12 of the Act for all minors who wish
				to be employed, used, or exhibited as models.
A) Issuing officers shall issue employment
				certificates to minors enrolled in school.
B) The Regional or City Superintendent of
				Schools shall issue employment certificates to those minors under school
				age.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.265 - Parent, Guardian, or Chaperone Required Presence at Performance; Review of Performance Description

Current through Register Vol. 48, No. 28, July 12, 2024
a) Section
				8 of the Act states that a child performer participating in, or in attendance
				in connection with, a performance or a rehearsal shall be accompanied by a
				chaperone. The chaperone shall have no connection with the theatre or
				organization that is responsible for the production. The chaperone shall be
				present at the time of every performance and rehearsal.
b) Consent to the Performance of a Child
				Performer under Section
				8.1(a)
				in Television, Motion Picture, or Related Entertainment:
1) Prior to casting, the employer shall
				provide to the parent or legal guardian an accurate description of the
				performances that will be required of the child performer.
2) The parent or legal guardian may decline
				specific performances if the parent or legal guardian, chaperone or studio
				teacher believes the performance is not within the capabilities of the child
				performer or the performance is not consistent with the description provided
				prior to casting.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart B - EMPLOYMENT CONDITIONS SUBJECT TO THE ACT › Section 250.270 - Non-Resident Minor Seeking Employment

Current through Register Vol. 48, No. 28, July 12, 2024
An out-of-state minor wishing to procure employment in the
				  State of Illinois must obtain an employment certificate from a City or Regional
				  Superintendent of Schools or the State Superintendent of Education in Illinois.
				  The requirement that the minor submit his or her application for a certificate
				  in person may be waived by the individual issuing the employment certificate.
				  In addition to the conditions stated in Section 12 of the Act, an out-of-state
				  minor must also, if he or she desires employment during school vacation, obtain
				  a letter from his or her out-of-state principal attesting to the fact that he
				  or she is indeed on vacation and that school is not in session for the
				  specified period of time.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart C - HOURS OF EMPLOYMENT › Section 250.300 - Number of Days Employment Limit

Current through Register Vol. 48, No. 28, July 12, 2024
Under the provisions of Section 3 of the Act, no minor shall
				  be employed for more than six days in any one week.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart C - HOURS OF EMPLOYMENT › Section 250.310 - Issuance of a Section 8.1(b) Work Hours Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department of Labor shall investigate
				the statements made on the employer's application for a work hours waiver and
				issue a certificate for a work hours waiver for the employer to employ said
				minor for the hours, under the condition specified by the application, when
				s/he is satisfied that the health, welfare and education of the minor will not
				be jeopardized by such work.
b) An
				employer applying for a work hours waiver shall not consider its request
				granted until it receives a certificate for a work hours waiver from the
				Department of Labor, signed by the Director or his/her authorized
				representative.
c) Upon the
				expiration of said waiver, an employer may reapply for a new work hours waiver
				for a date and time certain in the future, subject however to the same terms
				and conditions as required for an original application.