820 ILCS 92/ Employee Misclassification Referral System Act.

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820 ILCS 92/1

(820 ILCS 92/1)

Sec. 1. Short title. This Act may be cited as the Employee Misclassification Referral System Act.

(Source: P.A. 100-536, eff. 6-1-18.)

820 ILCS 92/5

(820 ILCS 92/5)

Sec. 5. Employee misclassification referral system.

The Department of Labor shall create an online employee misclassification referral system on its website.  The employee misclassification referral system shall use one form that contains all the necessary information required for employee misclassification complaints to the Department of Employment Security, the Illinois Workers' Compensation Commission, the Department of Revenue, and the Department of Labor.  The employee misclassification referral system shall refer complaints to the appropriate agency or agencies based on the information supplied by the individual making the complaint. Anonymous and third-party complaints shall not be accepted by the employee misclassification referral system.

Upon completion of an investigation that was initiated through the employee misclassification referral system, the investigating agency, except for the Department of Employment Security, shall report to the Department of Labor any determination of an employee misclassification.  That result shall be shared with the employer and the individual who filed the complaint. The Department of Labor shall also maintain in the employee misclassification referral system, and make accessible for review by any agency that regulates or licenses the employer that was the subject of the investigation, the results of a determination of employee misclassification and all appeals and administrative reviews.

The Department of Labor website shall also include links for the filing of complaints with the Internal Revenue Service and the Social Security Administration.

(Source: P.A. 100-536, eff. 6-1-18.)

820 ILCS 92/10

(820 ILCS 92/10)

Sec. 10. Agency website information.

The Department of Employment Security, the Illinois Workers' Compensation Commission, the Department of Revenue, the Department of Labor, and any other agency that regulates or licenses businesses shall put on its website, in a relevant and conspicuous place, a description of the purpose of the employee misclassification referral system provided by the Department of Labor and a link to the employee misclassification referral system.

An agency, upon receiving  a complaint of employee misclassification, shall direct the individual making the complaint to the employee misclassification referral system or may make the complaint on behalf of that individual.

(Source: P.A. 100-536, eff. 6-1-18.)

820 ILCS 92/15

(820 ILCS 92/15)

Sec. 15. Rulemaking. The Department of Labor may adopt rules to implement the requirements of this Act.

(Source: P.A. 100-536, eff. 6-1-18.)

820 ILCS 92/30

(820 ILCS 92/30)

Sec. 30. (Amendatory provisions; text omitted).

(Source: P.A. 100-536, eff. 6-1-18; text omitted.)