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Public Act 100-0536


 

Public Act 0536 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0536
 
SB1978 EnrolledLRB100 07374 JLS 17438 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Employee Misclassification Referral System Act.
 
    Section 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.
 
    Section 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.
 
    Section 15. Rulemaking. The Department of Labor may adopt
rules to implement the requirements of this Act.
 
    Section 30. The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Section 8
as follows:
 
    (210 ILCS 55/8)  (from Ch. 111 1/2, par. 2808)
    Sec. 8. An application for a license may be denied for any
of the following reasons:
        (a) failure to meet the minimum standards prescribed by
    the Department pursuant to Section 6;
        (b) satisfactory evidence that the moral character of
    the applicant or supervisor of the agency is not reputable.
    In determining moral character, the Department may take
    into consideration any convictions of the applicant or
    supervisor but such convictions shall not operate as a bar
    to licensing;
        (c) lack of personnel qualified by training and
    experience to properly perform the function of a home
    health agency;
        (d) insufficient financial or other resources to
    operate and conduct a home health, home services, or home
    nursing agency in accordance with the requirements of this
    Act and the minimum standards, rules and regulations
    promulgated thereunder; or .
        (e) a final determination, that includes exhaustion of
    all available appeal and administrative review rights, of a
    violation of Section 1400 or 1400.2 of the Unemployment
    Insurance Act or subsection (d) of Section 4 of the
    Workers' Compensation Act.
(Source: P.A. 94-379, eff. 1-1-06.)

Effective Date: 6/1/2018