The trucking industry plays a critical role in Illinois, moving goods across Chicagoland, the Midwest, and the nation. But beneath this vital sector lies a troubling practice: the misclassification of drivers as independent contractors. This practice not only deprives drivers of their rightful pay and benefits but also undermines fair competition and public safety.
If you are a truck driver in Illinois and believe you have been misclassified, it is essential to understand your rights and the legal remedies available.
What is Driver Misclassification?
Driver misclassification occurs when a company labels drivers as “independent contractors” rather than employees. This is not just a technicality—it carries real consequences. Employees are entitled to protections like minimum wage, overtime, unemployment insurance, and workers’ compensation. Independent contractors, by contrast, must bear the cost of their own taxes, insurance, fuel, and equipment—often leaving them financially vulnerable.
In Illinois, misclassification is widespread in trucking and logistics. Employers often classify drivers as contractors to reduce costs, shifting the economic burden onto drivers while skirting wage and tax obligations.
The Criteria for Classification
Illinois law uses the ABC Test (820 ILCS 185/—the Illinois Employee Classification Act) in many contexts, particularly construction and transportation. A worker is presumed to be an employee unless the employer proves:
A. The individual is free from control or direction over the performance of the work; B. The service performed is outside the usual course of the employer’s business or performed outside the employer’s places of business; and C. The individual is engaged in an independently established trade, occupation, or business.
If the employer cannot satisfy all three, the worker is legally an employee. Many trucking companies cannot meet these standards, making their “contractor” labels unlawful.
Why Companies Misclassify Drivers
The reasons often come down to cost and control. By misclassifying drivers, companies avoid:
- Paying Social Security, Medicare, and unemployment taxes;
- Providing workers’ compensation coverage;
- Covering overtime, minimum wage, and meal/rest breaks;
- Bearing the costs of equipment, fuel, and insurance.
While profitable for the company, this practice leaves drivers unprotected and erodes industry standards.
The Impact on Drivers and Public Safety
For drivers, misclassification means lower wages, lack of benefits, and increased financial risk. For the public, it can mean danger: drivers under pressure to make ends meet often work excessive hours, increasing the risk of fatigue-related crashes. On Illinois highways like I-55 and I-90, this creates real safety concerns.
Legal Options for Misclassified Drivers in Illinois
1. File a Claim with the Illinois Department of Labor
The Illinois Department of Labor (IDOL) investigates misclassification under the Employee Classification Act. Employers found in violation face fines and may be ordered to pay back wages and benefits.
2. Pursue Wage and Hour Claims
Misclassified drivers can recover unpaid wages and overtime under the Illinois Wage Payment and Collection Act and the Fair Labor Standards Act (FLSA).
3. File a Class or Collective Action Many drivers have banded together to challenge misclassification through class and collective lawsuits. Courts in Illinois have repeatedly recognized that “independent contractor” labels cannot override the reality of an employment relationship.
4. Consult with an Experienced Illinois Attorney
Misclassification cases are complex. An experienced employment attorney can evaluate your situation, gather evidence, and fight for your rights in negotiations or litigation.
What Can You Do to Protect Yourself?
If you think your employer may have misclassified you, that could mean higher taxes for you and fewer legal rights. To assess your situation, ask yourself:
- Did I get a 1099 instead of a W-2?
- Did I sign an agreement calling me an “independent contractor”?
- Does the company control how I work or require me to follow internal policies?
If you answered yes to any of these, it’s worth speaking with an attorney. Misclassification can cost you thousands in taxes and lost benefits, and your employer may be violating state or federal labor laws.
What should you do if you think you are being misclassified?
- Keep Thorough Records
- Report Your Concerns Internally
- Seek Legal Advice
If your concerns are ignored or if you think your employer is not following the law, contact the Law Firm of 1818.
We’re Here to Help
At 1818, we’re dedicated to protecting employees from unlawful labor practices—including wage theft, forced overtime, retaliation, and misclassification.
If you’re being discriminated against, denied proper breaks, unpaid for overtime, or forced to cover the cost of work gear, contact the Law Firm of 1818 today. We’ll fight to ensure your rights are protected, your time is valued, and your employer is held accountable.
