Illinois pairs a written-contract mandate with an ABC test for classification. Since July 1, 2024, freelancers paid $500 or more, alone or combined over 120 days, must receive a written contract, and the ABC test used for unemployment and wage payment claims means a worker who fails any prong is usually treated as an employee rather than a contractor.
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Since July 1, 2024, the Freelance Worker Protection Act requires a written contract for freelancers paid $500 or more, alone or combined over 120 days. It must list the parties, itemized services, value, pay rate and method, and payment date. Give the freelancer a copy and keep it at least two years.
Illinois Freelance Worker Protection Act, 820 ILCS 193
Freelancers must be paid by the contract due date or, if none is set, no later than 30 days after the work is done. Violations can lead to statutory damages, double damages for unpaid amounts, attorney's fees, and enforcement by the Illinois Department of Labor. Chicago has a similar local ordinance.
820 ILCS 193; Chicago Freelance Worker Protection Ordinance
Illinois uses an ABC test for unemployment insurance and wage payment claims. The worker must generally be free from your control, perform work outside your usual course of business or places of business, and be engaged in an independently established business. Failing any prong usually means an employee.
820 ILCS 405/212; Illinois Wage Payment and Collection Act, 820 ILCS 115/2
In construction, workers are presumed employees unless a strict ABC test or a separate business entity test is met. Misclassification can bring civil penalties per violation that increase for repeat offenses, plus back wages and debarment from public contracts.
Illinois Employee Classification Act, 820 ILCS 185
Last updated 2026-10-05
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