ILCS » Chapter 820 · Act 185
Illinois Compiled Statutes

820 ILCS 185/60 (2026)

Private right of action

✓ current as of May 2026
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(820 ILCS 185/60)
    Sec. 60. Private right of action.
    (a) An interested party or person aggrieved by a violation of this Act or any rule adopted under this Act by an employer or entity may file suit in circuit court, in the county where the alleged offense occurred or where any person who is party to the action resides, without regard to exhaustion of any alternative administrative remedies provided in this Act. Actions may be brought by one or more persons for and on behalf of themselves and other persons similarly situated. A person whose rights have been violated under this Act by an employer or entity is entitled to collect:
        (1) the amount of any wages, salary, employment
    
benefits, or other compensation denied or lost to the person by reason of the violation, plus an equal amount in liquidated damages;
        (2) compensatory damages and an amount up to $500 for
    
each violation of this Act or any rule adopted under this Act;
        (3) in the case of unlawful retaliation, all legal or
    
equitable relief as may be appropriate; and
        (4) attorney's fees and costs.
    (b) The right of an interested party or aggrieved person to bring an action under this Section terminates upon the passing of 3 years from the final date of performing services to the employer or entity. This limitations period is tolled if an employer or entity has deterred a person's exercise of rights under this Act.
(Source: P.A. 95-26, eff. 1-1-08.)

    
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2014–2026 · leading case: Grassroots Collaborative v. City of Chicago, 2020 IL App (1st) 192099 (Ill. App. Ct. 2020).
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Grassroots Collaborative v. City of Chicago, 2020 IL App (1st) 192099 (Ill. App. Ct. 2020). “See Gajda, 2015 IL App (1st) 142219 , ¶ 34 (“Because with amendment claims for employee misclassification and retaliation under the [Employee Classification Act (820 ILCS 185/60 (West 2012))] could be stated, the court erred in dismissing these counts with prejudice.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/60, 40 (West 2010). A private action must be commenced within three years from the final date of performing services, but the limitations period is tolled if the employer deterred the individual’s exercise of rights under the Act.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/60 (West 2010). ¶ 27 Finally, we note that during the pendency of this appeal, the Act was substantively amended to require the Department to provide notice and conduct formal administrative hearings subject to the Administrative Review Law.”
Gajda v. Steel Solutions Firm, Inc., 2015 IL App (1st) 142219 (Ill. App. Ct. 2015). “820 ILCS 185/60 (West 2012). Therefore, we deem the issue to have been conceded.”
Gajda v. Steel Solutions Firm, Inc., 2015 IL App (1st) 142219 (Ill. App. Ct. 2015). “820 ILCS 185/60 (West 2012). Therefore, we deem the issue to have been conceded.”
Admin. Dist. Council 1 of Illinois of the Int'l Union of Bricklayers & Allied Craftworkers v. Przad (Ill. App. Ct. 2026). · cites it 5× “and Grzegorz Przada, seeking recovery under section 60 of the Employee Classification Act (Act) (820 ILCS 185/60 (West 2020)). The trial court entered a default judgment No.”
Wenckaitis v. Specialty Contractors, Inc. (N.D. Ill. 2023). “See 820 ILCS 185/60(a). Specialty laid Plaintiffs off in March 2020, making them eligible for unemployment benefits.”
Bartlow v. Costigan, 2014 IL 115152 (Ill. 2014). “820 ILCS 185/60, 40 (West 2010). A private action must be commenced within three years from the final date of performing services, but the limitations period is tolled if the employer deterred the individual’s exercise of rights under the Act.”
— 820 ILCS 185/60(a) — 2 cases
Admin. Dist. Council 1 of Illinois of the Int'l Union of Bricklayers & Allied Craftworkers v. Przad (Ill. App. Ct. 2026). “and Grzegorz Przada, seeking recovery under section 60 of the Employee Classification Act (Act) (820 ILCS 185/60 (West 2020)). The trial court entered a default judgment No.”
Wenckaitis v. Specialty Contractors, Inc. (N.D. Ill. 2023). “See 820 ILCS 185/60(a). Specialty laid Plaintiffs off in March 2020, making them eligible for unemployment benefits.”
— 820 ILCS 185/60(a)(2) — 1 case
Admin. Dist. Council 1 of Illinois of the Int'l Union of Bricklayers & Allied Craftworkers v. Przad (Ill. App. Ct. 2026). “and Grzegorz Przada, seeking recovery under section 60 of the Employee Classification Act (Act) (820 ILCS 185/60 (West 2020)). The trial court entered a default judgment No.”
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