Bartlow v. Costigan

This case presents question as to whether trial court properly granted defendant’s motion for summary judgment in plaintiffs’ action seeking declaration that Employee Classification Act is unconstitutional after defendants made preliminary determination that plaintiffs-contractors had failed to properly classify 10 subcontractors in violation of said Act. Appellate Court rejected plaintiffs’ claim that said Act violated notions of due process and equal protection, after finding that: (1) said Act satisfied any due process concerns where defendant must seek any penalties, sanctions or other remedies against plaintiffs by bringing action in circuit court where defendant has burden to establish any violation of said Act; and (2) fact that Act is limited to construction industry did not constitute violation of equal protection or special legislation.