BRIAN J GRABER LLC is a Freelance Worker Protection Act lawyer representing independent contractors denied compensation or otherwise retaliated against for asserting rights under the Freelance Worker Protection Act. Effective on July 1, 2024, the Freelance Worker Protection Act, 820 ILCS 193/1, et seq., provides independent contractors with the following protections:
- The Contracting entity must have a written agreement with the freelance worker or independent contractor;
- Payment for services due on or before the date in the contract;
- and prohibits discrimination or retaliation against a freelance worker or independent contractor for exercising rights under the Act.
Whose protected under the Freelance Worker Protection Act?
The Freelance Worker Protection Act defines “Freelance worker” as follows
“Freelance worker” means a natural person who is hired or retained as an indepdent contractor by a contracting entity located in Illinois in exchange for an amount equal to or greater than $500.00, either in a single contractor or when aggregated with all contractors for products or services between the same contracting entity and the freelance worker during the immediately preceeding 120 days.
Freeland Worker Protection Act, 820 ILCS 193/5.
820 ILCS 193/5 requires the following:
- An independent contractor to be hired to provide products or services in Illinois;
- The contracting entity must be located in Illinois;
- The amount of the contract must be greater than $500.00, either in a single contract or when aggregated with all contracts for products or services between the same contracting entity and the freelance worker during the preceding 120 days.
Under 820 ILCS 193/5, “Freelance worker does not include an individual performing construction services, an individual performing services as an employee under Section 10 of the Employee Classification Act, or an employee as defined in Section 2 of the Illinois Wage Payment and Collection Act.
What is a “Contracting Entity” for the purposes of the Freelance Worker Protection Act?
The Freelance Worker Protection Act, 820 ILCS 193/5 defines a “Contracting Entity” as follows:
“Contracting entity” means any person who retains a freelance worker to provide any service, other than:
(1) the United States government;
(2) the State of Illinois;
(3) any unit of local government, including school districts; or
(4) any foreign government.
Freelance Worker Protection Act, 820 ILCS 193/5.
820 ILCS 193/5 defines a “natural person” as an individual human being. The Freelance Worker Protection Act defines a “person” as follows:
“Person” means any natural person, individual, corporation, business enterprise or other legal entity, either public or proviate, and any legal successor, representative, agent, or agency of that inidividual, corporation, business enterprise, or legal entity.
Freelance Worker Protection Act, 820 ILCS 193/5.
The Freelance Worker Protection Act requires Illinois entities hiring an independent contractor to timely pay the agreed-upon amount due.
The Freelance Worker Protection Act, 820 ILCS 193/10(a) requires the hiring entity to timely pay independent contractors as follows:
Except as otherwise provided by law, a freelance worker shall be paid the contracted compensation amount on or before the date compensation is due under the terms of the contract. If the contract does not specify when the hiring party must pay the contracted compensation or the mechanism by which the date will be determined, compensation shall be due no later than 30 days after completion of the freelance worker’s services under the contract.
Freelance Worker Protection Act, 820 ILCS 193/10.
The Freelance Worker Protection Act, 820 ILCS 193/10(b) prevents a contracting entity from attempting to require a freelance worker to accept less compensation than the amount of the contracted compensation once the freelance worker has commenced preparation of the product or performance of the services under the contract as follows:
Once a freelance worker has commenced preparation of the protect or performance of the services under the contract, the contracting entity shall not require as a condition of timely payment the freelance worker accept less compensation than the amount of the contracted compensation.
Freelance Worker Protection Act, 820 ILCS 193/10.
Remedies for a freelance worker untimely paid final compensation in violation of 820 ILCS 193/10.
Under the Freelance Worker Protection Act, 820 ILCS 193/30(a) any freelance worker not timely paid final compensation by a contracting entity as required by 820 ILCS 193/10 shall be entitled to recover through civil action the following remedies:
- Double the amount of any such underpayments;
- Injunctive relief;
- Other such remedies as. may be appropriate; and
- In a civil action for violation of Section 10, such freelance worker shall also be entitled to recover costs and all reasonable attorney’s fees.
Under the Freelance Worker Protection Act, 820 ILCS 193/10(a) the statute of limitations requires a civil complaint alleging violation of Section 10 shall be filed within 2 years after the date the final compensation was due.
The Freelance Worker Protection Act, 820 ILCS 193/15 requires Illinois entities hiring an independent contractor to put the contract in writing.
The Freelance Worker Protection Act, 820 ILCS 193/15(a) requires that whenever a contracting entity retains a freelance worker, the contract for such products or services shall be reduced to writing. The statute requires the contracting entity to furnish a copy of the written contract, either physically or electronically, to the freelance worker.
The Freelance Worker Protection Act, 820 ILCS 193/15(b) requires the written contract for the product or service of the freelance worker shall include, at a minimum, the following information:
- The name and contact information for both the contracting entity and the freelance worker, including the mailing address of the contracting entity;
- An itemization of all products and services to be provided by the freelance worker, the value of the products and services to be provided under the terms of the contract, and the rate and method of compensation;
- The date on which the contracting entity must pay the contracted compensation of the mechanism by such date will be determined, which shall be no later than 30 days after the products or services are provided; and
- The date by which the freelance worker must submit a list of products or services rendered under such contract to the contracting entity, if such a list is required in order to meet any internal processing deadlines of the contracting entity for the purposes of compensation being timely rendered by the agreed-upon date as stipulated in paragraph (3).
Under the Freelance Worker Protection Act, 820 ILCS 193/15(c), the contracting entity shall retain the contract for the service of a freelance worker for no less than 2 years and shall make such contract available to the Illinois Department of Labor upon request.
Remedies for a freelance worker retained in violation of the Freelance Worker Protection Act, 820 ILCS 193/15.
The Freelance Worker Protection Act, 820 ILCS 193/30(b) provides a cause of action for any freelance worker retained in violation of 820 ILCS 193/15(a) or (b) as follows:
Any freelance worker who was retained in violation of paragraphs (a) or (b) of Section 15 despite the freelance worker’s request for a written contract prior to commencing the contracted work as required by Section 15 shall be entitled to recover through a civil action statutroy damages of $500.00. A freelance worker who prevails on a claim alleging a violation of damages equal to the value of the underlying contractor or $500.00, which ever is greater, in additiona to the other remedies provided.
Freelance Worker Protection Act, 820 ILCS 193/30(b).
Under the Freelance Worker Protection Act, 820 ILCS/30(b) civil complaints alleging violation of Section 15 shall be filed within 2 years after the date the final compensation was due.
The Freelance Worker Protection Act, 820 ILCS 193/20 prevents a contracting entity from discriminating or retaliating against a freelance worker insisting on his or her rights under the statute.
The Freelance Worker Protection Act, 820 ILCS 193/20 prohibits discrimination or retaliation against a freelance worker as follows:
No contracting entity shall threaten, intimidate, discipline, harass, deny a freelance opportunity to, or take any other actions that penalizes a freelance worker for, or is reasonably likely to deter a freelance worker from, exercising or attempting to exercise any right guarenteed by this Act, or obtaining any future work opportunity because the freelance worker has done so.
Freelance Worker Protection Act, 820 ILCS 193/20.
820 ILCS 193/20 prohibits discrimination or retaliation against any freelance worker for exercising his or her rights under the Freelance Worker Protection Act. If you believe that you were discriminated against or retaliation against in violation of your rights under the Freelance Worker Protection Act, contact BRIAN J GRABER LLC a Freelance Worker Protection Act retaliation lawyer at (312) 291-4648 or by email for a consultation.
If you are not an independent contractor you may have protections from retaliation for raising claims with your employer for unpaid wages under the Illinois Wage Payment and Collection Act, (IWPCA) or the Fair Labor Standards Act (FLSA). Contact BRIAN J GRABER LLC at (312) 291-4648 or by email for a consultation about your right to be free from retaliation in violation of your rights under the IWPCA and/or the FLSA.
Remedies for discrimination or retaliation in violation of the Freelance Worker Protection Act, 820 ILCS 193/20.
The Freelance Worker Protection Act, 820 ILCS 193/30(c) provides freelance workers who are discriminated against or retaliated against with the following remedies:
Any freelance worker who is threatened, intimidated, disciplined, harassed, denied a freelance opportunity, or penalized by a contracting entity in violation of Section 20 shall be entitled to recover through a civil action statutory damages equal to the value of the underlying contract for each violation od Section 20. In any civil action for violation of Section 20, such freelance worker shall also recover costs and all reasonable attorney’s fees.
Freelance Worker Protection Act, 820 ILCS 193/30(c).
Do not let big business abuse your rights under the Freelance Worker Protection Act, contact BRIAN J GRABER LLC a Freelance Worker Protection Act discrimination and retaliation lawyer for a consultation at (312) 291-4648 or by email. Do not let big business take advantage of you.
Freelance workers can file a private cause of action for violations of their rights under the Freelance Worker Protection Act.
Under 820 ILCS 193/25(g) freelance workers can file a private cause of action in the circuit courts as follows:
Nothing in this Act shall be construed to prvent any freelance worker from making complaint or prosecuting his or her own claim for compensation. Any freelance worker aggrieved by a violation of this Act or any rule adopted under this Act may file suit in circuit court of Illinois, in the county where the alleged violation occurred or where any freelance worker who is party to the action resides, without regard to exhaustion of any alternitive administrative remedies provided in this Act. Actions may be brought by one or more freelance workers for and on behalf of themselves and other freelance workers similarly situtated.
Freelance Worker Protection Act, 820 ILCS 193/25(g).
Under 820 ILCS 193/5(a) and (b), freelance workers can elect to file claims with the Illinois Department of Labor alleging violations of Sections 10, 15, or 20 which shall be filed within 2 years after the date the final compensation was due. At this time, the Illinois Department of Labor does not have any complaint forms available online. The Illinois Department of Labor can be reached through this link.
If you are considering filing a lawsuit against a big company that violated your rights under the Freelance Worker Protection Act, contact BRIAN J GRABER LLC Freelance Worker Protection Act lawyer for a consultation at (312) 291-4648 or by email. Do not let big business abuse your rights.
The Freelance Worker Protection Act only applies to contracts taking effect after July 1, 2024, and freelance worker’s rights cannot be waived.
Under 820 ILCS 193/35 the provisions of the Freelance Worker Protection Act only apply to contracts taking effect after July 1, 2024. See 820 ILCS 193/99.
The Freelance Worker Protection Act, 820 ILCS 193/35(b) makes any attempt to waive rights under the Act a violation of public policy as follows:
Except as otherwise privided by law, any proivsion of a contract purporting to waive rights under this Act is void against pulbic policy.
Freelance Worker Protection Act, 820 ILCS 193/35(b).
If you believe your rights under the Freelance Worker Protection Act were violated by big business, contact BRIAN J GRABER LLC an employment lawyer for a consultation at (312) 291-4648 or by email. Do not delay. Do not let big businesses abuse your rights under the Freelance Worker Protection Act.