Illinois Appellate Court
Civil Court
Administrative Review
Illinois Department of Labor (DOL) notified Plaintiff roofing business that it had made preliminary determination of violation of Illinois Employee Classification Act, and may be fined $1.6 million. Plaintiff filed declaratory judgment action alleging that DOL had not provided them opportunity for hearing, and had not returned their phone calls. The Act and its regulations appear not to provide for hearing, thus Plaintiffs adequately raise preenforcement constitutional challenges to Act. Potential harm to business means Plaintiff has inadequate remedy at law; and TRO is necessary to prevent continuing injury to business, and will preserve status quo with least injury to parties until court can hear merits of request for preliminary injunction.