Contingent Workforce/Independent Contractor Rules - Illinois

Independent contractors are excluded from the coverage of the Illinois Minimum Wage Law, the Illinois Wage Payment and Collection Act and the Illinois Equal Pay Act.

Illinois does not specifically define the term “independent contractor” and case law usually upholds a definition substantially similar to that of the federal FLSA economic realities test. Federal FLSA would apply. However, Illinois is the first state to pass a Freelance Worker Protection Act, which defines terms like “freelance worker” and “contracting entity,” and sets up protections such as timely payment and freedom from harassment and discrimination.