Unpaid for a Project? Illinois Freelancers Have Protections Too
Introduction
Designers, photographers, translators, consultants, creators and other project-based workers should not assume that “freelance” means “no rules.” Illinois’s Freelance Worker Protection Act covers certain services worth $500 or more in a 120-day period when the work is performed in Illinois or for a hiring entity located in Illinois.
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Key takeaways
- The law covers certain contracts worth at least $500 in 120 days.
- A written contract must identify the parties, services, compensation and dates.
- If no payment date is stated, IDOL says payment is due within 30 days after the described services are completed.
- The law also protects against retaliation for exercising rights under the Act.
What an Illinois freelance contract should include
| Item | What it should identify |
|---|---|
| Parties | Names and contact information |
| Services | The scope of the work |
| Compensation | Rate and payment method |
| Due date | When payment is due |
| Service dates | When the work will be provided |
If a client has not paid
Save the contract, messages, invoices, deliverables, time records and proof of delivery. Do not alter documents or create records after the fact. The right path can depend on the contract, worker classification and other facts, so an individual review may be useful.
FAQ
Does the Act cover every independent contractor?
Not necessarily. IDOL’s guidance describes requirements, including the $500-in-120-days threshold and the Illinois connection.
What if the contract did not list a payment date?
IDOL states that payment is due within 30 days after the services described in the contract are completed if no date is stated.
Can a client retaliate because I ask to be paid?
The Act describes protection from retaliation or other adverse action for exercising rights under the law.
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For informational purposes only. This content is not legal advice and does not create an attorney-client relationship.