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BARTLOW v. COSTIGAN

No. 5-11-0519.

974 N.E.2d 937 (2012)

363 Ill. Dec. 140

Rhonda BARTLOW and Jack Bartlow, d/b/a Jack's Roofing, Ryan Towle, d/b/a Jack's Siding and Windows, and Charles Eric Modglin, Plaintiffs-Appellants, v. Joseph COSTIGAN, in His Capacity as Director of Labor, State of Illinois, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

Rehearing Denied September 20, 2012.

Attorney(s) appearing for the Case

Jana Yocom , Jana Yocom, P.C., Mt. Vernon, IL, for Appellants.

Lisa Madigan , Attorney General, Chicago ( Michael A. Scodro , Solicitor General, Mary E. Welsh , Assistant Attorney General, of counsel), for Appellee.

Marc R. Poulos , Executive Director, Melissa L. Binetti , Kara M. Principe , Indiana, Illinois, Iowa Foundation for Fair Contracting, Countryside, IL, amicus curiae.

OPINION

Justice STEWART delivered the judgment of the court, with opinion.

¶ 1 This appeal concerns the constitutionality of the Illinois Employee Classification Act (the Act) (820 ILCS 185/1 to 999 (West 2008)). On March 12, 2010, the plaintiffs, Rhonda Bartlow and Jack Bartlow, doing business as Jack's Roofing, Ryan Towle, doing business as Jack's Siding and Windows, and Charles Eric Modglin, filed a complaint in the circuit court of Franklin County...

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