Labor in Illinois

Clarification of "Independent Contractor" in Illinois Clean Indoor Air Act

Organized labor and Governor Blagojevich have each supported clarification of the term “independent contractor” so that more workers would reap the benefits of the minimum wage, overtime, and workmen’s compensation. New legislation would define independent contractors as employees functioning “outside of the employer’s typical course of business,” and free from control or direction of the employer. Legislators are concerned that the Illinois Clean Indoor Air Act as currently structured does not demand healthy workplaces for the workers for whom it was intended, because employees are logged as independent contractors. Safety and Health, Vol 32. No. 2 (11 Jan 2007), S-27-28.

General Assembly Considering Revival of Scaffold Act

Originally passed by the Illinois legislature in 1907, the Scaffold or Structural Work Act provided workers injured in accidents the right to sue their employers for damages. While it was repealed in the wake of workmen’s compensation laws, it was partially resurrected in 1952, providing injured workers the right to sue general contractors, subcontactors, property owners or architects. This law was repealed again in 1995. Support for the return of the Scaffold Act has accompanied demands for tighter restrictions on the use of “independent contractor” status for workers in dangerous occupations. Occupational Safety and Health, Vol 32. No. 2 (11 Jan 2007), S-27.