ILCS » Chapter 820 · Act 185
Illinois Compiled Statutes

820 ILCS 185/25 (2026)

Enforcement

✓ current as of May 2026
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(820 ILCS 185/25)
    Sec. 25. Enforcement.
    (a) Any interested party may file a complaint with the Department against an entity or employer covered under this Act if there is a reasonable belief that the entity or employer is in violation of this Act. It shall be the duty of the Department to enforce the provisions of this Act. The Department shall have the power to conduct investigations in connection with the administration and enforcement of this Act and any investigator with the Department shall be authorized to visit and inspect, at all reasonable times, any places covered by this Act and shall be authorized to inspect, at all reasonable times, documents related to the determination of whether an individual is an employee under Section 10 of this Act. The Director of Labor or his or her representative may compel, by subpoena, the attendance and testimony of witnesses and the production of books, payrolls, records, papers, and other evidence in any investigation and may administer oaths to witnesses. Within 120 days of the filing of a complaint, the Department shall notify the employer in writing of the filing of a complaint and provide the employer the location and approximate date of the project or projects, affected contractors, and the nature of the allegations being investigated.
    (b) Whenever the Department believes upon investigation that there has been a violation of any of the provisions of this Act or any rules or regulations promulgated under this Act, the Department may: (i) issue and cause to be served on any party an order to cease and desist from further violation of the Act, (ii) take affirmative or other action as deemed reasonable to eliminate the effect of the violation, (iii) collect the amount of any wages, salary, employment benefits, or other compensation denied or lost to the individual, and (iv) assess any civil penalty allowed by this Act.
    (c) If, upon investigation, the Department finds cause to believe that Section 20 or Section 55 of this Act has been violated, the Department shall notify the employer, in writing, of its finding and any proposed relief due and penalties assessed and that the matter will be referred to an Administrative Law Judge to schedule a formal hearing in accordance with the Illinois Administrative Procedure Act.
    (d) The employer has 28 calendar days from the date of the Department's findings to answer the allegations contained in the Department's findings. If an employer fails to answer all allegations contained in the Department's findings, any unanswered allegations or findings shall be deemed admitted to be true and shall be found true in the final decision issued by the Administrative Law Judge. If, within 30 calendar days of the final decision issued by the Administrative Law Judge, the employer files a motion to vacate the Administrative Law Judge's final decision and demonstrates good cause for failing to answer the Department's allegations, and the Administrative Law Judge grants the motion, the employer shall be afforded an opportunity to answer and the matter shall proceed as if an original answer to the Department's findings had been filed.
    (e) A final decision of an Administrative Law Judge issued pursuant to this Section is subject to the provisions of the Administrative Review Law and shall be enforceable in an action brought in the name of the people of the State of Illinois by the Attorney General.
(Source: P.A. 98-106, eff. 1-1-14.)

    
Notes of Decisions
Cited in 8 cases, 2010–2014 · leading case: Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014).
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Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). · cites it 3× “820 ILCS 185/25(a) (West 2010). ¶ 23 Following the investigation, if the Department believes the Act has been violated the Department may: (1) issue and cause to be served on any party an order to “cease and desist” from further violation of the Act; (2) take affirmative or…”
BARTLOW v. Shannon, 927 N.E.2d 88 (Ill. App. Ct. 2010). · cites it 3× “820 ILCS 185/25 (West 2008). An investigation under the Act begins by the filing of a complaint by any interested party or by the Department.”
World Painting Co. v. Costigan, 2012 IL App (4th) 110869 (Ill. App. Ct. 2012). · cites it 2× “820 ILCS 185/25(a) (West 2008). Among other penalties for violations, the Act provides for civil fines calculated by reference to each day each individual is misclassified as a nonemployee.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). · cites it 3× “820 ILCS 185/25(a) (West 2010). ¶ 23 Following the investigation, if the Department believes the Act has been violated the Department may: (1) issue and cause to be served on any party an order to “cease and desist” from further violation of the Act; (2) take affirmative or…”
World Painting Co., LLC v. Costigan, 967 N.E.2d 485 (Ill. App. Ct. 2012). · cites it 3× “820 ILCS 185/25(a) (West 2008). The Act empowers the Department to inspect businesses and subpoena witnesses and documents in its investigations.”
Bartlow v. Costigan, 2012 IL App (5th) 110519 (Ill. App. Ct. 2012). · cites it 5× “820 ILCS 185/25 (West 2008). ¶ 21 A. ¶ 22 The Department’s Investigatory Powers ¶ 23 An investigation under the Act begins when an interested party files a complaint with the Department against an employer if there is a reasonable belief that the employer is in violation of the…”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). · cites it 3× “820 ILCS 185/25(a) (West 2010). -5- ¶ 23 Following the investigation, if the Department believes the Act has been violated the Department may: (1) issue and cause to be served on any party an order to “cease and desist” from further violation of the Act; (2) take affirmative or…”
Bartlow v. Shannon (Ill. App. Ct. 2010). · cites it 3× “820 ILCS 185/25 (West 2008). An investigation under the Act begins by the filing of a complaint by any interested party or by the Department.”
— 820 ILCS 185/25(a) — 7 cases
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/25(a) (West 2010). ¶ 23 Following the investigation, if the Department believes the Act has been violated the Department may: (1) issue and cause to be served on any party an order to “cease and desist” from further violation of the Act; (2) take affirmative or…”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/25(a) (West 2010). ¶ 23 Following the investigation, if the Department believes the Act has been violated the Department may: (1) issue and cause to be served on any party an order to “cease and desist” from further violation of the Act; (2) take affirmative or…”
World Painting Co., LLC v. Costigan, 967 N.E.2d 485 (Ill. App. Ct. 2012). “820 ILCS 185/25(a) (West 2008). The Act empowers the Department to inspect businesses and subpoena witnesses and documents in its investigations.”
World Painting Co. v. Costigan, 2012 IL App (4th) 110869 (Ill. App. Ct. 2012). “820 ILCS 185/25(a) (West 2008). Among other penalties for violations, the Act provides for civil fines calculated by reference to each day each individual is misclassified as a nonemployee.”
BARTLOW v. Shannon, 927 N.E.2d 88 (Ill. App. Ct. 2010). “820 ILCS 185/25 (West 2008). An investigation under the Act begins by the filing of a complaint by any interested party or by the Department.”
— 820 ILCS 185/25(b) — 8 cases
World Painting Co. v. Costigan, 2012 IL App (4th) 110869 (Ill. App. Ct. 2012). “820 ILCS 185/25(a) (West 2008). Among other penalties for violations, the Act provides for civil fines calculated by reference to each day each individual is misclassified as a nonemployee.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/25(a) (West 2010). ¶ 23 Following the investigation, if the Department believes the Act has been violated the Department may: (1) issue and cause to be served on any party an order to “cease and desist” from further violation of the Act; (2) take affirmative or…”
BARTLOW v. Shannon, 927 N.E.2d 88 (Ill. App. Ct. 2010). “820 ILCS 185/25 (West 2008). An investigation under the Act begins by the filing of a complaint by any interested party or by the Department.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/25(a) (West 2010). ¶ 23 Following the investigation, if the Department believes the Act has been violated the Department may: (1) issue and cause to be served on any party an order to “cease and desist” from further violation of the Act; (2) take affirmative or…”
World Painting Co., LLC v. Costigan, 967 N.E.2d 485 (Ill. App. Ct. 2012). “820 ILCS 185/25(a) (West 2008). The Act empowers the Department to inspect businesses and subpoena witnesses and documents in its investigations.”
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