Illinois high court affirms viability of construction industry classification law

Lawyers' Forum

By Michael G. Congiu and Amy E. Rettberg

Michael Congiu is a shareholder in Littler, Mendelson P.C.’s Chicago office and advises and represents employers in various areas of employment and traditional labor law. Amy Rettberg is an associate at Littler, Mendelson who practices labor and employment law on behalf of clients in the transportation, health-care, communications and manufacturing industries.

Posted April 2, 2014 2:35 PM

The Illinois Supreme Court has rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA) violates procedural due process rights and is impermissibly vague. Handed down last month — six years after the ECA’s original effective date — the high court’s decision in Bartlow v. Costigan means the ECA is here to stay.The Employee Classification Act The stated purpose of the ECA is “to address the practice of misclassifying employees …

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