Contract check · Freelance agreement

Does Illinois have a law that protects freelancers from non-payment?

The short answer

Yes — Illinois enacted the Freelance Worker Protection Act (820 ILCS 193), effective July 1, 2024. The Illinois Department of Labor's official page describes the law as providing protections for independent contractors who provide products or services in Illinois, or who work for a client located in Illinois, when the value of that work is equal to or greater than $500 in a 120-day period. Covered freelancers are entitled to a written contract, full payment by the contract's due date or within 30 days of completing the work if no due date is specified, and protection from retaliation. Whether a specific engagement falls within coverage depends on the situation. Scan your agreement to see what it says about payment and written terms.

Jurisdiction focus: IL — rules differ in other states.

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What the Illinois Department of Labor describes about the FWPA

The Illinois Department of Labor's official page for the Freelance Worker Protection Act (820 ILCS 193) states that covered freelancers are entitled to a written contract that includes names and contact information for both parties, an itemization of products and services, rate and method of compensation, date of compensation due, and dates of services. The page also states that full payment is required by the due date in the contract or, if no due date is specified, within 30 days of completing the services. The law applies to contracts taking effect after July 1, 2024.

The ILGA link on the official DOL page points to 820 ILCS 193 — the statute text. A note on citation: the correct cite is 820 ILCS 193, not 820 ILCS 175, which is a different law (the Day and Temporary Labor Services Act).

Why people worry

Illinois freelancers who haven't been paid often don't know a state law exists that may apply to their situation. The FWPA is relatively new — effective July 1, 2024 — and many independent contractors are still learning its coverage and how to use it. The official page includes a complaint form and contact information for the Illinois Department of Labor.

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Common questions

What is the correct citation for the Illinois Freelance Worker Protection Act?

The correct citation is 820 ILCS 193, as linked from the official Illinois Department of Labor page. 820 ILCS 175 is the Day and Temporary Labor Services Act — a different law — and is sometimes misstated as the FWPA citation.

Does the law apply to contracts signed before July 1, 2024?

The official DOL page states the law only applies to contracts taking effect after July 1, 2024. Engagements that began before that date are outside its coverage.

Sources