Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2279

Introduced
2/10/23  

Caption

INDEPENDENT CONTRACTOR PAYMENT

Impact

The introduction of this bill is expected to significantly bolster the protections afforded to independent contractors within the state. By formalizing the requirements for work agreements and enforcing timely payments, SB2279 aims to prevent common issues such as payment delays and miscommunication about compensation terms. Furthermore, the establishment of the Independent Contractor Compensation Theft Enforcement Fund will provide a dedicated financial resource for enforcement, allowing for recovery of unpaid wages and penalties for non-compliance. This can create a more favorable business environment for independent contractors, enabling them to operate with greater security and recourse in cases of payment disputes.

Summary

SB2279, known as the Independent Contractor Payment Protection Act, aims to establish a standardized framework for the agreements and payments between independent contractors and clients in Illinois. The bill requires that the terms of work agreements be detailed in writing, signed by both the contractor and the client, and maintained on file for a minimum of six years. It mandates that independent contractors must be compensated for their work no later than the last day of the month following the month in which the work was completed. This ensures clarity and accountability in compensation practices, particularly in sectors that rely heavily on independent contractors.

Contention

Notably, the bill anticipates civil and criminal penalties for clients who violate its provisions, including failure to pay agreed compensation. Critics may argue that imposing such penalties might deter clients from hiring independent contractors. Additionally, concerns surrounding the enforcement mechanisms could arise, particularly regarding the capacity of the Department of Labor to effectively manage and oversee the anticipated increase in compensation claims and complaints. Overall, while the act progresses towards reinforcing workers' rights, balancing the interests of independent contractors and clients remains a pivotal challenge.

Companion Bills

No companion bills found.

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