Illinois: employee or independent contractor?

The test depends on which law you're dealing with. A worker can be a contractor for one law and an employee for another.

LawTestStatute
Unemployment insuranceABC820 ILCS 405/212
Wage and hour / wage paymentABC (Wage Payment and Collection Act); ABC with a sole-proprietor alternative for construction (Employee Classification Act)820 ILCS 115/2; 820 ILCS 185/10
Federal income tax, FICA, FUTAIRS common-law testIRS
Federal minimum wage and overtimeEconomic reality test (FLSA)DOL

The ABC test

Under Illinois's unemployment law, a worker is an employee unless all three parts are met:

UI: (a) free from control or direction over the performance of such services, both under his contract of service and in fact; (b) service is either outside the usual course of the business for which such service is performed or performed outside of all the places of business of the enterprise; (c) engaged in an independently established trade, occupation, profession, or business. Wage Payment Act: (1) free from control and direction over the performance of his work; (2) work outside the usual course of business or outside all of the places of business of the employer, unless the employer is in the business of contracting with third parties for the placement of employees; (3) in an independently established trade, occupation, profession or business.

Details and exceptions

Law: 820 ILCS 405/212

Running payroll in Illinois?

Recent changes

Last verified against the official source on October 8, 2026.

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Sources

We copy figures from official sources and re-check them against the source before every update. See our methodology. This is general information, not legal advice.