Illinois Court of Appeals

Case Status


Docket Number

1-12-2809 and 1-12-2811


Case Updates

Illinois appeals court reviews employment agency's attempt to effectively ban the trucking industry's owner-operator business model

May 14, 2014

The Illinois Court of Appeals found that the Director of Employment Security's findings are supported by the evidence and should not have been disturbed on judicial review. Other arguments of the appeal were not addressed as a result. The circuit court is reversed and the Department of Employment Security affirmed.

U.S. Chamber files amicus brief

October 28, 2013

In a coalition brief, the U.S. Chamber and the American Trucking Associations joined together to urge an Illinois appeals court to reject an aggressively expansive interpretation of Illinois employment laws that would significantly undermine well-established independent contractor model used by some trucking companies. According to the coalition's brief, the use of independent contractors in the trucking industry is mutually beneficial for both motor carriers and owner-operators. The brief offered the court more context about trucking operations in order to better evaluate the classification questions implicated by this case. The brief also warned that if Illinois law were to prohibit motor carriers from using the "owner-operator" business model - the end result of the Illinois government's proposed legal theory - such a law would be preempted by federal transportation laws.

William D. Brejcha of Scopelitis Garvin Light Hanson & Feary represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center, Inc.

Case Documents