Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 240 - EMPLOYEE CLASSIFICATION › Subpart A - GENERAL PROVISIONS › Section 240.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Employee Classification Act [820 ILCS 185
				  ].
"Construction" means any constructing, altering,
				  reconstructing, repairing, rehabilitating, refinishing, refurbishing,
				  remodeling, remediating, renovating, custom fabricating, maintenance,
				  landscaping, improving, wrecking, painting, decorating, demolishing, and adding
				  to or subtracting from any building, structure, highway, roadway, street,
				  bridge, alley, sewer, ditch, sewage disposal plant, water works, parking
				  facility, railroad, excavation or other structure, project, development, real
				  property or improvement, or to do any part thereof, whether or not the
				  performance of the work herein described involves the addition to, or
				  fabrication into, any structure, project, development, real property or
				  improvement herein described of any material or article of merchandise.
				  Construction shall also include moving construction related materials on the
				  job site to or from the job site. [820 ILCS
				  185/5 ]
"Contractor" means any individual, sole proprietor,
				  partnership, firm, corporation, limited liability company, association or other
				  legal entity permitted by law to do business within the State of Illinois who
				  engages in construction as defined in the Act. Contractor includes a general
				  contractor and a subcontractor. [820 ILCS 185/5 ]
"Day" means calendar day.
"Department" means the Department of Labor. [820 ILCS 185/5
				  ]
"Director" means the Director of the Department of Labor or
				  an authorized representative. [820 ILCS 185/5]
"Employee" means an individual who meets the definition of an
				  "employee" in the Act and that individual shall be an employee for purposes of
				  all applicable laws relating to wages and the payment of wages contained in 820
				  ILCS.
"Employer" means any contractor that employs individuals
				  deemed employees under Section 10 of the Act; however, "employer" does not
				  include:
the State of Illinois or its officers, agencies, or political
				  subdivisions; or
the federal government. [820 ILCS 185/5]
"Entity" means any contractor for which an individual is
				  performing services and is not classified as an employee under Section 10 of
				  the Act; however, "entity" does not include:
the State of Illinois or its officers, agencies, or political
				  subdivisions; or
the federal government. [820 ILCS 185/5]
"Individual performing services" does not include a bona fide
				  corporation nor a limited liability company (LLC). In determining whether a
				  corporation is bona fide for purposes of the Act, the Department shall
				  consider, among other factors, whether:
the corporation is capitalized;
the corporation has issued corporate stock;
the corporation maintains a corporate bank account;
there is an intermingling of corporate and personal accounts
				  or funds;
the corporation holds itself out as a corporation;
the corporation maintains corporate books and records,
				  including corporate meeting minutes, and files corporate tax returns that are
				  current and complete;
articles of incorporation have been filed and the corporation
				  is in good standing, in the case of Illinois corporations, with the Illinois
				  Secretary of State or, in the case of foreign corporations, as directed by the
				  laws of that jurisdiction;
the corporation carries out its daily activities in a manner
				  consistent with the operations of a corporate entity;
the corporation employs employees to carry out its corporate
				  purposes and principal activities; and
the corporation carries appropriate workers' compensation
				  insurance coverage for its employees and has registered with the Illinois
				  Department of Employment Security for unemployment insurance coverage.
In determining whether an LLC is bona fide for purposes of
				  the Act, the Department shall consider, among other factors, whether:
the LLC has assets;
the LLC maintains a company bank account;
there is an intermingling of company and personal accounts or
				  funds;
the LLC holds itself out as an LLC;
the LLC makes necessary tax filings that are current and
				  complete;
articles of organization have been filed and the LLC is in
				  good standing, in the case of Illinois LLCs, with the Illinois Secretary of
				  State or, in the case of foreign LLCs, as directed by the laws of that
				  jurisdiction;
the LLC carries out its daily activities in a manner
				  consistent with the operations of an LLC;
the LLC employs employees to carry out its purposes and
				  principal activities;
the LLC carries appropriate workers' compensation insurance
				  coverage for its employees and has registered with the Illinois Department of
				  Employment Security for unemployment insurance coverage.
"Interested party" means a person with an interest in
				  compliance with the Act. [820 ILCS 185/5]
"Performing services" means the performance of any
				  constructing, altering, reconstructing, repairing, rehabilitating, refinishing,
				  refurbishing, remodeling, remediating, renovating, custom fabricating,
				  maintenance, landscaping, improving, wrecking, painting, decorating,
				  demolishing, and adding to or subtracting from any building, structure,
				  highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant,
				  water works, parking facility, railroad, excavation or other structure,
				  project, development, real property or improvement, or to do any part thereof,
				  whether or not the performance of the work herein described involves the
				  addition to, or fabrication into, any structure, project, development, real
				  property or improvement herein described of any material or article of
				  merchandise. Construction shall also include moving construction related
				  materials on the job site to or from the job site. [820 ILCS 185/5]
"Permitted by law to do business within the State of
				  Illinois" means located, operating, transacting business, or performing
				  services within the State of Illinois.
"Person" means any individual, partnership, corporation, LLC,
				  association, governmental subdivision, or public or private organization of any
				  character.
"Responsible bidder" has the meaning ascribed to that term in
				  Section 30-22 of the Illinois Procurement Code [30
				  ILCS 500/30-22 ].