Bill S.B. 1851
This bill would amend the Illinois Employee Classification Act such that “employment” does not include services performed by an individual as an operator of a truck, truck-tractor, or tractor, if the person or entity to which the individual is contracted for service shows that the individual is
- (1) either:
(i) registered or licensed as a motor carrier of real or personal property by the Illinois Commerce Commission, the Interstate Commerce Commission, or any successor agencies; orÂ
(ii) operating the equipment under an owner-operator lease contract with the person or entity, when the person or entity is registered, licensed, or both, as a motor carrier of real or personal property licensed by the Illinois Commerce Commission, the Interstate Commerce Commission, or any successor agencies;
- (2) has the right to terminate the lease contract and thereafter has the right to perform the same or similar services, on whatever basis and whenever he or she chooses, for persons or entities other than the person or entity to which the individual is contracted for services;
- (3) is not required by the person or entity to which the individual is contracted for services to perform services, or be available to perform services, at specific times or according to a schedule or for a number of hours specified by the person or entity; pickup or delivery times specified by a shipper or receiver shall not be deemed specified by the person or entity;
- (4) either leases the equipment or holds title to the equipment, if the individual or entity from which the equipment is leased, or which holds any security or other interest in the equipment, is not:
(i) the person or entity to which the individual is contracted for service; or
(ii) owned, controlled, or operated by or in common with, to any extent, whether directly or indirectly, the person or entity to which the individual is contracted for services or a family member of a shareholder, owner, or partner of the person or entity;
- (5) pays all costs of licensing and operating the equipment (except when federal or state law or regulation would require the carrier to pay), and the costs are not separately reimbursed by any other individual or entity; and
- (6) maintains a separate business identity, offering or advertising his or her services to the public, by displaying its name and address on the equipment or otherwise.
The definition of “truck owner-operator” would not apply if, as a condition for retaining the individual’s services, the person or entity to which the individual is contracted specifies the person or entity from which the equipment is to be leased or purchased or to any services that are required to be covered under section 3304(a) (6)(a) of the Federal Unemployment Tax Act.
