Illinois Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor
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FAQ
That state has one of the most stringent statutory tests for independent contractor status. As construed by the courts in that state, the Illinois ABC test for IC status is similar to the tests in California and Massachusetts, creating a hotbed for IC misclassification cases.
The Act expands the coverage of the Illinois Human Rights Act to all employers in the state with one or more employees. Previously, most aspects of the Human Rights Act applied only to employers with 15 or more employees. The new Act expands the protections of the Illinois Human Rights Act to independent contractors.
The Illinois Department of Labor uses a six-factor test in determining the application of minimum wage and overtime laws. See The IDOL Test for Minimum Wage and Overtime. The ABC Test is used to decide whether an individual is an employee entitled to receive unemployment benefits.
Ing to the Act, a worker is considered an employee, unless the worker is both: ?free from control or direction? over the performance of the services, both under his or her contract of service and in fact. engaged in an ?independently established? trade, occupation, profession or business.
ABC states include Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Kansa, Louisiana, Maine, Maryland, Massachusetts, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, Ohio, Oregon, Tennessee, Utah, Vermont, Washington, and West Virginia.