Illinois General Assembly - Bill Status for HB2649

Amends the Employee Classification Act. Includes an individual within the scope of the term "contractor". Provides for notice to an employer of violations and penalties and for a time within which an employer may request a hearing; provides for a formal administrative hearing. Makes changes concerning responsibilities of the Attorney General and the recovery of penalties. Includes discipline within acts prohibited as retaliation against a person for exercising rights under the Act, and adds provisions concerning review, an investigation, and a formal hearing. Provides for individual officers and agents of employers to be liable under the Act.

Replaces everything after the enacting clause. Amends the Employee Classification Act. Provides for notice to an employer of violations and penalties and for a time within which an employer may request a hearing; provides for a formal administrative hearing. Makes changes concerning responsibilities of the Attorney General and the recovery of penalties. Adds provisions concerning review, an investigation, and a formal hearing. Provides for individual officers and agents of employers to be liable under the Act.

Provides that within 120 days of the filing of a complaint, the Department of Labor 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. Provides that after the Department has issued findings, the employer has 28 calendar days to answer the allegations contained in the Department's findings and, if an employer fails to answer, any unanswered allegations are deemed admitted to be true for the purpose of the Administrative Law Judge's final decision. Provides that an employer that fails to answer allegations that form the basis of a final decision has 30 calendar days to file a motion to vacate the final decision and demonstrate good cause for failing to answer. Provides that if the Administrative Law Judge grants the motion to vacate, the employer shall be afforded an opportunity to answer and the matter shall proceed as if an answer to the Department's original findings had been filed. Deletes language in the engrossed bill regarding the Department's authority to adopt rules for the hearing process. Lowers the civil penalties for violating the Act from $1,500 to $1,000 per violation in the first audit, and from $2,500 to $2,000 per violation in subsequent audits. Makes other changes.

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