ILCS » Chapter 820 · Act 185
Illinois Compiled Statutes

820 ILCS 185/3 (2026)

Purpose

✓ current as of May 2026
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(820 ILCS 185/3)
    Sec. 3. Purpose. This Act is intended to address the practice of misclassifying employees as independent contractors.
(Source: P.A. 95-26, eff. 1-1-08.)

    
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2010–2026 · leading case: World Painting Co. v. Costigan, 2012 IL App (4th) 110869 (Ill. App. Ct. 2012).
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World Painting Co. v. Costigan, 2012 IL App (4th) 110869 (Ill. App. Ct. 2012). “2d at 92 (citing 820 ILCS 185/3 (West 2008)). It establishes a presumption that an individual who performs services for a construction contractor is an employee unless -4- specified criteria are met.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/3 (West 2010). Consistent with this purpose, the Act broadly provides that any individual “performing services” for a construction contractor is “deemed to be an employee of the employer.”
BARTLOW v. Shannon, 927 N.E.2d 88 (Ill. App. Ct. 2010). “820 ILCS 185/3 (West 2008); 56 Ill. Adm. Code §240.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/3, 25 (West 2010). ¶4 Plaintiffs Rhonda and Jack Bartlow are general partners in a construction-related business called Jack’s Roofing that installs siding, windows, seamless gutters, and roofs.”
World Painting Co., LLC v. Costigan, 967 N.E.2d 485 (Ill. App. Ct. 2012). “A contractor's failure to classify qualifying individuals as employees violates the Act.”
Michael v. Pella Prods., Inc., 2014 IL App (1st) 132695 (Ill. App. Ct. 2014). · cites it 2× “820 ILCS 185/3 (West 2012). ¶ 15 The Act does not define "individual," but it does exempt independent contractors, sole proprietors, or partnerships that can satisfy specific statutory criteria showing that they effectively operate independently from the construction contractor.”
Bartlow v. Costigan, 2012 IL App (5th) 110519 (Ill. App. Ct. 2012). · cites it 3× “820 ILCS 185/3 (West 2010); 56 Ill. Adm. Code 240.”
Michael v. Pella Prods., Inc., 2014 IL App (1st) 132695 (Ill. App. Ct. 2014). · cites it 2× “820 ILCS 185/3 (West 2012). ¶ 15 The Act does not define “individual,” but it does exempt independent contractors, sole proprietors, or partnerships that can satisfy specific statutory criteria showing that they effectively operate independently from the construction contractor.”
Admin. Dist. Council 1 of Illinois of the Int'l Union of Bricklayers & Allied Craftworkers v. Przad (Ill. App. Ct. 2026). “3 In its regulations implementing the Act, the Department of Labor (Department) states: “(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…”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/3 (West 2010). Consistent with this purpose, the Act broadly provides that any individual “performing services” for a construction contractor is “deemed to be an employee of the employer.”
Bartlow v. Shannon (Ill. App. Ct. 2010). “820 ILCS 185/3 (West 2008); 56 Ill. Adm. Code §240.”
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