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Full Text of SB1708  98th General Assembly

SB1708 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1708

 

Introduced 2/15/2013, by Sen. Ira I. Silverstein - William Delgado - Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
New Act
775 ILCS 5/2-101  from Ch. 68, par. 2-101
820 ILCS 105/3  from Ch. 48, par. 1003
820 ILCS 105/4a  from Ch. 48, par. 1004a
820 ILCS 125/1  from Ch. 48, par. 198.1
820 ILCS 140/2  from Ch. 48, par. 8b

    Creates the Domestic Workers' Bill of Rights Act. Requires employers to make specific disclosures to domestic workers regarding terms of employment. Requires written contracts. Establishes provisions for duration of shifts, meal breaks, sleep and rest periods, paid time off, and other matters. Provides for enforcement by the Department of Labor. Authorizes civil actions. Amends the Illinois Human Rights Act, the Minimum Wage Law, the Wages of Women and Minors Act, and the One Day Rest In Seven Act to make various changes regarding domestic workers. Effective immediately.


LRB098 06054 JLS 36093 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1708LRB098 06054 JLS 36093 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Domestic Workers' Bill of Rights Act.
 
6    Section 5. Purpose and findings. Domestic workers play a
7critical role in Illinois' economy, working to ensure the
8health and prosperity of Illinois families and freeing others
9to participate in the workforce. Despite the value of their
10work, domestic workers have historically been excluded from the
11protections under State law extended to workers in other
12industries. Domestic workers are predominately women who labor
13to support families and children of their own and who receive
14low pay and minimal or no benefits. Without clear standards
15governing their workplaces and working alone and behind closed
16doors, domestic workers are among the most isolated and
17vulnerable workforce in the State. Workforce projections are
18one of growth for domestic workers, but the lack of decent pay
19and other workplace protections undermines the likelihood of
20building and maintaining a reliable and experienced workforce
21that is able to meet the needs of Illinois families. Therefore,
22the General Assembly finds that because domestic workers care
23for the most important elements of Illinoisans' lives--our

 

 

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1families and our homes--it is in the interest of employees,
2employers, and the people of Illinois to ensure that the rights
3of domestic workers are respected, protected, and enforced, and
4that this Act shall be interpreted liberally to aid this
5purpose.
 
6    Section 10. Definitions. As used in this Act:
7    "Department" means the Department of Labor.
8    "Director" means the Director of Labor and his or her
9authorized representatives.
10    "Domestic work" means: (1) housekeeping; (2) house
11cleaning; (3) home management; (4) nanny services including
12childcare and child monitoring; (5) caretaking or home health
13care services of individuals including sick, convalescing, or
14elderly individuals and individuals with a disability; (6)
15laundering; (7) cooking; (8) companion services; (9)
16chauffeuring; and (10) other household services for members of
17households or their guests in or about a private home or
18residence or any other location where the domestic work is
19performed.
20    "Domestic worker" means a person employed to perform
21domestic work. "Domestic worker" does not include: (i) a person
22performing domestic work who is the employer's parent, spouse,
23civil union partner, child, or other member of his or her
24immediate family, exclusive of individuals whose primary work
25duties are companionship, home care, or health care services

 

 

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1performed for the aged or people with disabilities; (ii) child
2and day care home providers participating in the child care
3assistance program under Section 9A-11 of the Illinois Public
4Aid Code; (iii) a person who is employed by one or more
5employers in or about a private home or residence or any other
6location where the domestic work is performed for less than 8
7hours in the aggregate in any workweek, exclusive of
8individuals whose primary work duties are companionship, home
9care, or health care services performed for the aged or people
10with disabilities; or (iv) a person who (A) has been and will
11continue to be free from control and direction over the
12performance of his or her work, both under a contract of
13service and in fact and (B) is engaged in an independently
14established trade, occupation, profession or business, or the
15person performing domestic work is deemed a legitimate sole
16proprietor or partnership under subsection (c) of Section 10 of
17the Employee Classification Act, except that the terms
18"contractor" and "subcontractor" shall be substituted for
19"employer" and "domestic worker" respectively as defined under
20this Act.
21    "Employ" includes to suffer or permit to work.
22    "Employer" means any individual; partnership; association;
23corporation; limited liability company; business trust;
24employment and labor placement agencies where wages are made
25directly or indirectly by the agency or business for work
26undertaken by employees under hire to a third party pursuant to

 

 

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1a contract between the business or agency with the third party;
2the State of Illinois and local governments, or any political
3subdivision of the State or local government, or State or local
4government agency; or any other person or group of persons
5acting directly or indirectly in the interest of an employer in
6relation to an employee; for which one or more persons is
7gainfully employed, express or implied, whether lawfully or
8unlawfully employed, who employs a domestic worker or who
9exercises control over the domestic worker's wage,
10remuneration, or other compensation, hours of employment,
11place of employment, or working conditions.
12    "Live-in domestic worker" means a domestic worker who lives
13in the establishment where he or she works.
14    "Working time" means the time during which a domestic
15worker is subject to the control of an employer, and includes
16all time the domestic worker is suffered or permitted to work,
17whether or not required to do so.
 
18    Section 15. Notice and written contract.
19    (a) Notice. An employer shall notify all domestic workers
20and, upon oral request, disclose in writing the following
21information when an offer of employment is made to a domestic
22worker:
23        (1) the starting date, time, and place of employment;
24        (2) the wage rates to be paid;
25        (3) the frequency of the payment of wages;

 

 

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1        (4) the kinds of domestic work for which the domestic
2    worker may be employed;
3        (5) the hours per day, days per week, and period of
4    employment, including any meal breaks and rest periods;
5        (6) leave policies for both paid and unpaid time off
6    for the domestic worker;
7        (7) notice and policies for involuntary time off for
8    the domestic worker;
9        (8) the transportation and any other employee benefit
10    to be provided, if any, and any costs to be charged for
11    each of them;
12        (9) any other terms and conditions of employment,
13    including any workplace hazards that may make the domestic
14    worker vulnerable to illnesses and other physical
15    problems, and notice of termination and severance
16    policies; and
17        (10) whether the domestic worker is covered under the
18    Workers' Compensation Act, Unemployment Insurance Act, and
19    Illinois and federal employment tax laws.
20    (b) Written contract. If the domestic worker works for one
21employer more than 8 hours in any workweek and that employment
22is expected to recur regularly such as every week, or
23periodically such as once every 6 weeks, the employer shall
24provide a written contract that includes:
25        (1) the rate of pay including overtime and additional
26    compensation for added duties or multilingual skills;

 

 

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1        (2) the frequency of the payment of wages;
2        (3) working hours including meal breaks and other time
3    off, including, when applicable, the provisions for a day
4    of rest, paid time off, holidays, severance, raises,
5    transportation costs, health insurance, and any fees or
6    other costs including costs for meals and lodging;
7        (4) living accommodations provided by the employer and
8    policies on vacating the premises;
9        (5) the responsibilities associated with the job;
10        (6) the process for raising and addressing additional
11    compensation if new duties are added and the process for
12    addressing grievances;
13        (7) the right to privacy;
14        (8) the right to collect workers' compensation, if
15    injured, unemployment insurance benefits, and social
16    security benefits;
17        (9) notice of termination and severance pay policies;
18        (10) the contract period;
19        (11) reimbursement for work-related expenses; and
20        (12) any other rights or benefits afforded to the
21    domestic worker, including State and federal employment
22    taxes paid or to be paid by the employer related to the
23    domestic worker's employment and notice of employment
24    rights in State law.
 
25    Section 20. Working time of more or less than 24

 

 

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1consecutive hours.
2    (a) A domestic worker who is required to be on duty for 24
3consecutive hours or more shall have a minimum of 8 consecutive
4hours for uninterrupted sleep, except in an unforeseen
5emergency.
6    (b) If a domestic worker is required to be on duty for 24
7consecutive hours or more, the employer and the domestic worker
8may agree in writing to exclude a bona fide regularly scheduled
9sleeping period of not more than 8 hours for uninterrupted
10sleep from hours worked, provided that the employer otherwise
11complies with this Section. If sleep is interrupted more than
12once to perform work for up to 15 minutes, the entire period
13shall be considered working time. If no written agreement to
14the contrary is present, the 8 hours of sleeping shall
15constitute working time.
16    (c) There is a rebuttable presumption that a domestic
17worker did not receive 8 consecutive hours for uninterrupted
18sleep if he or she is required to be on duty for 24 consecutive
19hours or more and the employer does not hire a replacement
20worker for at least 8 consecutive hours in the 24-hour period.
21    (d) An employer shall pay the domestic worker for all time
22the domestic worker is required to be at the site, including
23time spent sleeping or doing other activities when not engaged
24in active domestic work, if on duty for less than 24
25consecutive hours.
26    (e) Domestic workers who work 24 consecutive hours or more,

 

 

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1including live-in domestic workers, shall be provided sleeping
2accommodations that are adequate, decent, safe, and sanitary.
3No domestic worker shall be required to share a bed.
4    (f) A live-in domestic worker who is not required to be on
5duty for 24 consecutive hours or more shall have at least 12
6consecutive hours free of duty during each workday of 24 hours,
7of which a minimum of 8 consecutive hours are for uninterrupted
8sleep. If sleep is interrupted more than once to perform work
9for up to 15 minutes, the entire period shall be considered
10working time. If no written agreement to the contrary is
11present, the 8 hours of sleeping shall constitute working time.
 
12    Section 25. Live-in domestic workers, working time and
13lodging.
14    (a) A live-in domestic worker suffered or permitted to work
15during the 12 consecutive off-duty hours shall be compensated
16in accordance with Section 4a of the Minimum Wage Law.
17    (b) If the domestic worker resides on the employer's
18premises, the domestic worker may voluntarily pay for lodging
19only if there is prior notice and a written agreement. The
20domestic worker shall not be charged if staying on the premises
21is an employment requirement. The charges for lodging may not
22result in the domestic worker earning less than the minimum
23wage and the charges may not exceed the lesser of the
24reasonable market rent or the actual cost of the lodging to the
25employer. The lodging must be adequate, decent, safe, and

 

 

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1sanitary, with provide a private area for sleeping and dressing
2with reasonable access to a bathroom, kitchen and laundry
3facilities. No domestic worker shall be required to share a
4bed.
5    (c) For live-in domestic workers, the employer shall
6provide written notice 30 days in advance to vacate and use the
7summary process to evict the domestic worker under Article IX
8of the Code of Civil Procedure if the domestic worker does not
9vacate after the initial 30 days' written notice, and take
10additional steps to ensure the domestic worker is not rendered
11homeless due the termination of employment.
 
12    Section 30. Meal and rest periods.
13    (a) An employer shall not employ a domestic worker for work
14time of more than 5 hours per day without a bona fide meal
15period of not less than 30 minutes, except that if the total
16work period for the day is not more than 6 hours, the bona fide
17meal period may be waived or taken at the beginning or end of
18work hours for the day by mutual consent of the employer and
19the domestic worker.
20    (b) An employer shall not employ a domestic worker for more
21than 10 hours per day without providing the domestic worker
22with a second bona fide meal period of not less than 30 minutes
23except that, if the total hours worked is not more than 12
24hours and only if the first meal period was not waived, the
25second bona fide meal may be waived or taken in combination

 

 

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1with the first bona fide meal period or taken at the beginning
2or end of work hours for the day by mutual consent of the
3employer and the domestic worker.
4    (c) Unless a domestic worker is relieved of all duty during
5a meal period, the meal period shall be considered an on-duty
6meal period, not a bona fide meal period, and counted as time
7worked. An on-duty meal period shall be permitted only if the
8nature of the work prevents a domestic worker from being
9relieved of all duty, shall be by written agreement between the
10employer and the domestic worker, and shall be revocable at any
11time by the domestic worker.
12    (d) If an employer fails to provide to a domestic worker
13employee a meal period in accordance with this Section, the
14employer shall pay the domestic worker one additional hour of
15pay at the domestic worker's regular rate of compensation for
16each workday that the meal period is not provided.
17    (e) An employer shall permit a domestic worker who works 5
18hours or more to choose the food he or she eats and to prepare
19his or her own meals. A domestic worker may use the job site's
20kitchen facilities and kitchen appliances without charge or
21deduction from pay.
22    (f) If a domestic worker pays for food or beverages, the
23payment shall be at actual cost to the employer, and only if
24the food and beverages are voluntarily chosen by the domestic
25worker and actually consumed. There may not be a charge if the
26domestic worker cannot easily bring or prepare his or her own

 

 

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1meals or if the employer does not supply the domestic worker
2with receipts for the actual costs prior to any charge or
3deduction from pay.
4    (g) An employer shall authorize and permit the domestic
5worker to take rest periods that, insofar as practical, shall
6be in the middle of each work period. The authorized rest
7period time shall be based on the total hours worked daily at
8the rate of 10 minutes net rest time per 4 hours, or a major
9fraction thereof, of work. However, a rest period need not be
10authorized for the domestic worker whose total daily work time
11is less than 3.5 hours. Authorized rest period time shall be
12counted as hours worked for which there shall be no deduction
13from wages.
14    (h) If an employer fails to provide a domestic worker a
15rest period, the employer shall pay the domestic workers one
16additional hour of pay at the domestic worker's regular rate of
17compensation, but not less than minimum wage, for each work day
18that the rest period is not provided.
 
19    Section 35. Scheduled work.
20    (a) If a domestic worker is scheduled to work and is
21available to work but is not put to work or is furnished less
22than half of his or her usual or scheduled day's work, the
23domestic worker shall be paid for half the usual or scheduled
24day's work, but in no event less than 2 hours nor more than 4
25hours, at the domestic worker's regular rate of pay.

 

 

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1    (b) If a domestic worker is scheduled to work and is
2available to work but is not put to work a second time in any
3one workday and is furnished less than 2 hours of work on the
4second time he or she reports for work, the domestic worker
5shall be paid for 2 hours at the domestic worker's regular rate
6of pay.
7    (c) If an employer does not require the domestic worker to
8report to work for one or more days on a temporary basis for
9any reason, such as the employer's vacation, or any other
10change in the working time schedule, such as changing from an
118-hour a day to a 4-hour a day schedule, the employer shall
12provide to the domestic worker a notice in writing at least 21
13days in advance of the first day the worker is not required to
14report to work or there is a change in schedule, with the start
15and end dates of the involuntary time off, and the date the
16domestic worker is required to return to work or return to the
17regular schedule. If the employer cannot provide the 21 days'
18notice because the employer is not aware of the necessity for
19the domestic worker's involuntary time off, the employer shall
20provide written notice as soon as he or she is aware of the
21necessity for the involuntary time off. If no notice is
22provided prior to the first day of involuntary time off, but
23the domestic worker is notified before reporting to work, the
24domestic worker shall be paid for the usual scheduled day's
25work at the regular rate of pay, and no less than 2 hours each
26day at the regular rate of pay for each subsequent day or hours

 

 

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1of involuntary time off.
 
2    Section 40. Paid time off.
3    (a) Paid time off shall accrue at the rate of one hour of
4paid time off for every 30 hours of working time for one
5employer up to the maximum of 80 hours paid time off. Paid time
6off may be used as accrued, or be loaned by the employer, at
7its discretion, to the employee in advance of such accrual; in
8such case an employer shall not require a domestic worker to
9reimburse it for any unearned paid time off. Paid time off
10shall be permitted to be used in hourly increments. It is up to
11the domestic worker to determine when and how much accrued paid
12time off to take under this Act. Paid time off shall be
13provided upon the oral request of the domestic worker and for
14any purpose of the domestic worker's choosing. If the necessity
15for paid time off is foreseeable, the domestic worker shall
16provide the employer with not less than 3 days' oral notice
17before the date the leave is to begin. If the necessity for
18leave is not foreseeable, the domestic worker shall provide
19such notice as soon as is practical after the domestic worker
20is aware of the necessity of such leave. The employer may not
21require, as a condition of providing paid time off under this
22Act, that the domestic worker search for or find a replacement
23worker to cover the hours during which the domestic worker is
24on paid time off leave.
25    (b) Paid time off shall carry over annually to the extent

 

 

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1not used by the domestic worker, provided that nothing in this
2Act shall be construed to require an employer to allow a worker
3to use more than 80 hours of paid time off in a year unless an
4employer agrees to do so.
5    (c) Upon oral request, an employer shall provide to a
6domestic worker an annual statement in writing indicating the
7amount and periods of accrued paid time off.
8    (d) During any period a domestic worker takes leave under
9this Act, the employer shall maintain coverage for the domestic
10worker and any family member under any group health plan for
11the duration of such leave at at least the level and conditions
12of coverage would have been provided if the domestic worker had
13not taken the leave.
 
14    Section 45. Privacy. An employer is not permitted to
15videotape or otherwise record the domestic worker in any of the
16bathrooms, in the area where the sleeping accommodations are
17provided while the domestic worker is sleeping, or, in the case
18of a live-in domestic worker, the domestic worker's living
19area.
 
20    Section 50. Recordkeeping requirements. An employer
21subject to any provision of this Act shall make and preserve
22records that document the name and address of each employee,
23whether or not the employee was a live-in domestic worker, the
24work hours each day in each workweek, the rates of pay, the

 

 

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1amount paid each pay period, all deductions made from wages or
2final compensation, the number of paid time off hours earned
3each year and the dates on which paid time off hours were taken
4and paid, a copy of a written contract, if applicable, any
5charges or deduction from wages for meals or lodging or other
6reason, and any other information the Director may by rule deem
7necessary and appropriate for enforcement of this Act. An
8employer subject to any provision of this Act shall preserve
9those records for a period of not less than 5 years and shall
10make reports from the records as prescribed by rule or order of
11the Director, unless the records relate to an ongoing
12investigation or enforcement action under this Act, in which
13case the records must be maintained until their destruction is
14authorized by the Department or by court order.
15    An employer shall, upon the oral request of a current of
16former employee or his or her representative, make these
17records available for inspection by a current or former
18employee or his or her representative, at the employee's
19current or past place of employment during normal working hours
20for the employee, or another agreed upon location or time
21convenient to the employee or his or her representative, within
227 calendar days after such a request. If, however, the employer
23can reasonably show such deadline cannot be met, the employer
24shall have an additional 7 days to comply. Upon oral request,
25an employee or his or her representative shall obtain a copy of
26the information or part of the information contained in the

 

 

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1employee's record. An employer may charge a fee for providing a
2copy of such information. The fee shall be limited to the
3actual cost of duplicating the information.
4    In the absence of employer records, a domestic worker may
5not be denied recovery of wages or final compensation on the
6basis that the domestic worker is unable to prove the precise
7extent of uncompensated work or final compensation.
8    If an employer requires evidence of hours worked for other
9employers, a sworn statement by the employee stating that he or
10she has performed or is scheduled to perform domestic work for
118 or more hours in the aggregate for the relevant workweek
12shall satisfy any documentation requirements of hours worked
13under this Act. The employer shall not require more than one
14sworn statement in a calendar quarter if the hours the employee
15has performed or is scheduled to perform domestic work have not
16decreased to less than 8 hours in the aggregate in any workweek
17in that calendar quarter or less than 100 hours in the
18aggregate in the calendar quarter. An employer that requires
19evidence of hours worked must give the domestic worker written
20notice of such request and allow no less than 10 days or until
21the next scheduled work day, whichever is greater, for the
22domestic worker to comply.
 
23    Section 55. Prohibited acts.
24    (a) Interference with rights.
25        (1) It shall be unlawful and a violation of this Act

 

 

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1    for any employer or any other person who discharges,
2    threatens, penalizes, or in any other manner
3    discriminates, retaliates, or takes any adverse action
4    against an employee, because the employee or a person or
5    organization acting on the employee's behalf: (i)
6    exercises rights or attempts to exercise rights under this
7    Act; (ii) opposes practices such employee believes to be in
8    violation of this Act; or (iii) supports the exercise of
9    rights under this Act. Exercising rights, opposing
10    practices, or supporting the exercise of rights under this
11    Act shall include, but not be limited to: (i) filing an
12    action or instituting or causing to be instituted any
13    proceeding under or related to this Act; (ii) providing or
14    preparing to provide any information in connection with any
15    inquiry or proceeding relating to any right provided under
16    this Act; (iii) testifying or preparing to testify in any
17    inquiry or proceeding relating to any right provided under
18    this Act, in a public hearing, or to a community
19    organization; or (iv) informing any other person that his
20    or her employer engages in conduct that the employee
21    reasonably and in good faith believes violates any
22    provisions of this Act.
23        (2) An agreement by an employee to waive his or her
24    rights under this Act is void as against public policy. The
25    benefits provided to employees under this Act may not be
26    diminished by a collective bargaining agreement or an

 

 

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1    employment benefit program or plan entered into or renewed
2    after the effective date of this Act.
3        (3) It shall be unlawful for an employer to interfere
4    with, restrain, or deny the exercise of or the attempt to
5    exercise any right provided under or in connection with
6    this Act including, but not limited to, using the taking of
7    paid time off as a negative factor in an employment action
8    such as hiring, termination, evaluation, promotion,
9    discipline, or counting the paid time off under a no-fault
10    attendance policy.
11    (b) Nothing in this Act shall limit an employer's ability
12to provide more generous wages, benefits, or working conditions
13than those provided under this Act.
 
14    Section 60. Enforcement.
15    (a) A domestic worker aggrieved by a violation of this Act
16or any rule adopted under this Act shall be entitled to
17recover, through a claim filed with the Department of Labor or
18in a civil action, but not both, actual, compensatory, and
19punitive damages with interest at the prevailing rate and such
20equitable relief as may be appropriate. The Department and the
21court in such an action shall, in addition to any judgment
22awarded to the domestic worker, allow a reasonable attorney's
23fee, reasonable expert witness fees, and other costs of the
24action to be paid by the defendant or employer. If the domestic
25worker's representative is other than an attorney in an action

 

 

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1before the Department, no attorney's fees shall be awarded.
2Necessary legal action may be brought by the Department or the
3domestic worker to collect the judgment, and the employer shall
4be required to pay the costs incurred in collecting the
5judgment. An action may be brought under this Act no more than
65 years after the date of the last event constituting the
7alleged violation for which the action is brought.
8    A domestic worker or a representative of domestic workers
9aggrieved by a violation of this Act or any rule adopted under
10this Act may file suit in circuit court in the county where the
11alleged violation occurred or where any domestic worker who is
12a party to this action resides, without regard to exhaustion of
13remedies provided in this Act. Actions may be brought by one or
14more domestic workers for and on behalf of themselves and other
15domestic workers similarly situated. An employer that violates
16any provision of this Act or any rule adopted under this Act is
17subject to a civil money penalty not to exceed $3,000 for each
18separate offense, payable to the domestic worker. In
19determining the amount of the penalty, the gravity of the
20violation shall be considered. An individual whose rights have
21been violated under this Act may seek any and all remedies
22provided in this Act, including reasonable attorney's fees for
23the prevailing employee, whether those remedies are obtained
24through court order, a suit, or a claim that is settled by
25private agreement. The rights and remedies specified under this
26Act are cumulative and nonexclusive and are in addition to any

 

 

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1other rights or remedies afforded by contract or under other
2provisions of Illinois law.
3    In an action filed with the Department of Labor, an
4employer shall be liable to the Department for up to 20% of the
5total damages where the employer's conduct is proven by a
6preponderance of the evidence to be willful, repeated, or with
7reckless disregard of this Act or any rule adopted under this
8Act. These penalties may be recovered by the Department in a
9civil action brought by the Director in any circuit court. In
10any such action, the Director shall be represented by the
11Attorney General.
12    An employer that has been demanded by the Department or
13ordered by the court to pay wages, damages, or penalties due an
14employee and who fails to do so within 15 days after such
15demand or order is entered shall be liable to pay a penalty of
162% per calendar day to the employee for each day of delay in
17paying such wages, damages, or penalties to the employee, up to
18an amount equal to treble the sum of unpaid wages, damages, and
19penalties due the employee.
20    (b) The Director of Labor or his or her authorized
21representatives shall administer and enforce the provisions of
22this Act. An employee or a representative of employees who
23believes his or her rights under this Act have been violated
24may, within 5 years after the alleged violation occurs, file a
25complaint with the Department requesting a review of the
26alleged violation. A copy of the complaint shall be sent to the

 

 

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1person who allegedly committed the violation, who shall be the
2respondent. Upon receipt of a complaint, the Director shall
3cause such investigation to be made. The investigation shall
4provide an opportunity for a public hearing at the request of
5any party to the review to enable the parties to present
6information relating to the alleged allegation. The parties
7shall be given written notice of the time and place of the
8hearing at least 7 days before the hearing. Upon receiving the
9report of the investigation, the Director shall make findings
10of fact. If the Director finds that a violation did occur, he
11or she shall issue a decision incorporating his or her findings
12and requiring the party committing the violation to take such
13affirmative action to abate the violation as the Director deems
14appropriate, including damages equal to the amount of wages,
15salary, employment benefits, or other compensation denied or
16lost to such individual by reason of the violation, and the
17interest on that amount calculated at the prevailing rate;
18compensatory damages for emotional distress; and liquidated
19damages not to exceed $3,000 for each separate offense, payable
20to the domestic worker. In determining the amount of the
21penalty, the Director shall consider the gravity of the
22violation; such equitable relief as may be appropriate
23including, but not limited to, reinstatement, reasonable
24attorney's fees, reasonable expert witness fees, and other
25costs of the action to be paid by the respondent to a
26prevailing employee. If the domestic worker's representative

 

 

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1is other than an attorney in an action before the Department,
2no attorney's fees shall be awarded.
3    If the Director finds that there was no violation, he or
4she shall issue an order denying the complaint. An order issued
5by the Director under this Section shall be final and subject
6to judicial review under the Administrative Review Law.
7    The Director shall adopt rules necessary to administer and
8enforce this Act in accordance with the Illinois Administrative
9Procedure Act. The Director shall have the powers and the
10parties shall have the rights provided in the Illinois
11Administrative Procedure Act for contested cases including,
12but not limited to, provisions for depositions, subpoena power
13and procedures, and discovery and protective order procedures.
14    The Director of Labor or his or her authorized
15representatives shall administer and enforce the provisions of
16this Act. In order to accomplish the objectives of this Act and
17to carry out the duties prescribed in this Act, the Director
18shall, within one year from the effective date of this Act,
19promulgate rules necessary to administer and enforce the
20provisions of this Act including the procedures that shall be
21followed for hearings under this Section.
22    The Attorney General of Illinois may intervene on behalf of
23the Department if the Department certifies that the case is of
24general public importance. Upon such intervention the court may
25award such relief as is authorized to be granted an employee
26who has filed a complaint or whose representative has filed a

 

 

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1complaint under this Section.
 
2    Section 91. The Illinois Human Rights Act is amended by
3changing Section 2-101 as follows:
 
4    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
5    Sec. 2-101. Definitions. The following definitions are
6applicable strictly in the context of this Article.
7    (A) Employee.
8        (1) "Employee" includes:
9            (a) Any individual performing services for
10        remuneration within this State for an employer;
11            (b) An apprentice;
12            (c) An applicant for any apprenticeship.
13        (2) "Employee" does not include:
14            (a) (Blank); Domestic servants in private homes;
15            (b) Individuals employed by persons who are not
16        "employers" as defined by this Act;
17            (c) Elected public officials or the members of
18        their immediate personal staffs;
19            (d) Principal administrative officers of the State
20        or of any political subdivision, municipal corporation
21        or other governmental unit or agency;
22            (e) A person in a vocational rehabilitation
23        facility certified under federal law who has been
24        designated an evaluee, trainee, or work activity

 

 

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1        client.
2    (B) Employer.
3        (1) "Employer" includes:
4            (a) Any person employing 15 or more employees
5        within Illinois during 20 or more calendar weeks within
6        the calendar year of or preceding the alleged
7        violation;
8            (b) Any person employing one or more employees when
9        a complainant alleges civil rights violation due to
10        unlawful discrimination based upon his or her physical
11        or mental disability unrelated to ability or sexual
12        harassment;
13            (c) The State and any political subdivision,
14        municipal corporation or other governmental unit or
15        agency, without regard to the number of employees;
16            (d) Any party to a public contract without regard
17        to the number of employees;
18            (e) A joint apprenticeship or training committee
19        without regard to the number of employees; .
20            (f) A person employing one or more domestic
21        workers.
22        (2) "Employer" does not include any religious
23    corporation, association, educational institution,
24    society, or non-profit nursing institution conducted by
25    and for those who rely upon treatment by prayer through
26    spiritual means in accordance with the tenets of a

 

 

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1    recognized church or religious denomination with respect
2    to the employment of individuals of a particular religion
3    to perform work connected with the carrying on by such
4    corporation, association, educational institution, society
5    or non-profit nursing institution of its activities.
6    (C) Employment Agency. "Employment Agency" includes both
7public and private employment agencies and any person, labor
8organization, or labor union having a hiring hall or hiring
9office regularly undertaking, with or without compensation, to
10procure opportunities to work, or to procure, recruit, refer or
11place employees.
12    (D) Labor Organization. "Labor Organization" includes any
13organization, labor union, craft union, or any voluntary
14unincorporated association designed to further the cause of the
15rights of union labor which is constituted for the purpose, in
16whole or in part, of collective bargaining or of dealing with
17employers concerning grievances, terms or conditions of
18employment, or apprenticeships or applications for
19apprenticeships, or of other mutual aid or protection in
20connection with employment, including apprenticeships or
21applications for apprenticeships.
22    (E) Sexual Harassment. "Sexual harassment" means any
23unwelcome sexual advances or requests for sexual favors or any
24conduct of a sexual nature when (1) submission to such conduct
25is made either explicitly or implicitly a term or condition of
26an individual's employment, (2) submission to or rejection of

 

 

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1such conduct by an individual is used as the basis for
2employment decisions affecting such individual, or (3) such
3conduct has the purpose or effect of substantially interfering
4with an individual's work performance or creating an
5intimidating, hostile or offensive working environment.
6    (F) Religion. "Religion" with respect to employers
7includes all aspects of religious observance and practice, as
8well as belief, unless an employer demonstrates that he is
9unable to reasonably accommodate an employee's or prospective
10employee's religious observance or practice without undue
11hardship on the conduct of the employer's business.
12    (G) Public Employer. "Public employer" means the State, an
13agency or department thereof, unit of local government, school
14district, instrumentality or political subdivision.
15    (H) Public Employee. "Public employee" means an employee of
16the State, agency or department thereof, unit of local
17government, school district, instrumentality or political
18subdivision. "Public employee" does not include public
19officers or employees of the General Assembly or agencies
20thereof.
21    (I) Public Officer. "Public officer" means a person who is
22elected to office pursuant to the Constitution or a statute or
23ordinance, or who is appointed to an office which is
24established, and the qualifications and duties of which are
25prescribed, by the Constitution or a statute or ordinance, to
26discharge a public duty for the State, agency or department

 

 

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1thereof, unit of local government, school district,
2instrumentality or political subdivision.
3    (J) Eligible Bidder. "Eligible bidder" means a person who,
4prior to a bid opening, has filed with the Department a
5properly completed, sworn and currently valid employer report
6form, pursuant to the Department's regulations. The provisions
7of this Article relating to eligible bidders apply only to bids
8on contracts with the State and its departments, agencies,
9boards, and commissions, and the provisions do not apply to
10bids on contracts with units of local government or school
11districts.
12    (K) Citizenship Status. "Citizenship status" means the
13status of being:
14        (1) a born U.S. citizen;
15        (2) a naturalized U.S. citizen;
16        (3) a U.S. national; or
17        (4) a person born outside the United States and not a
18    U.S. citizen who is not an unauthorized alien and who is
19    protected from discrimination under the provisions of
20    Section 1324b of Title 8 of the United States Code, as now
21    or hereafter amended.
22    (L) Domestic Worker. "Domestic worker" means a person
23employed to perform domestic work including housekeeping,
24house cleaning, home management, nanny services including
25childcare and child monitoring, caretaking or home health care
26services of individuals including sick, convalescing or

 

 

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1elderly individuals and individuals with a disability,
2laundering, cooking, companion services, chauffeuring, and
3other household services for members of households or their
4guests in or about a private home or residence or any other
5location where the domestic work is performed.
6(Source: P.A. 97-877, eff. 8-2-12.)
 
7    Section 92. The Minimum Wage Law is amended by changing
8Sections 3 and 4a as follows:
 
9    (820 ILCS 105/3)  (from Ch. 48, par. 1003)
10    Sec. 3. As used in this Act:
11    (a) "Director" means the Director of the Department of
12Labor, and "Department" means the Department of Labor.
13    (b) "Wages" means compensation due to an employee by reason
14of his employment, including allowances determined by the
15Director in accordance with the provisions of this Act for
16gratuities and, when furnished by the employer, for meals and
17lodging actually used by the employee.
18    (c) "Employer" includes any individual, partnership,
19association, corporation, limited liability company, business
20trust, governmental or quasi-governmental body, or any person
21or group of persons acting directly or indirectly in the
22interest of an employer in relation to an employee, for which
23one or more persons are gainfully employed on some day within a
24calendar year. An employer is subject to this Act in a calendar

 

 

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1year on and after the first day in such calendar year in which
2he employs one or more persons, and for the following calendar
3year.
4    (d) "Employee" includes any individual permitted to work by
5an employer in an occupation, but does not include any
6individual permitted to work:
7        (1) For an employer employing fewer than 4 employees
8    exclusive of the employer's parent, spouse or child or
9    other members of his immediate family and exclusive of one
10    or more domestic workers as defined in the Domestic
11    Workers' Bill of Rights Act.
12        (2) As an employee employed in agriculture or
13    aquaculture (A) if such employee is employed by an employer
14    who did not, during any calendar quarter during the
15    preceding calendar year, use more than 500 man-days of
16    agricultural or aquacultural labor, (B) if such employee is
17    the parent, spouse or child, or other member of the
18    employer's immediate family, (C) if such employee (i) is
19    employed as a hand harvest laborer and is paid on a piece
20    rate basis in an operation which has been, and is
21    customarily and generally recognized as having been, paid
22    on a piece rate basis in the region of employment, (ii)
23    commutes daily from his permanent residence to the farm on
24    which he is so employed, and (iii) has been employed in
25    agriculture less than 13 weeks during the preceding
26    calendar year, (D) if such employee (other than an employee

 

 

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1    described in clause (C) of this subparagraph): (i) is 16
2    years of age or under and is employed as a hand harvest
3    laborer, is paid on a piece rate basis in an operation
4    which has been, and is customarily and generally recognized
5    as having been, paid on a piece rate basis in the region of
6    employment, (ii) is employed on the same farm as his parent
7    or person standing in the place of his parent, and (iii) is
8    paid at the same piece rate as employees over 16 are paid
9    on the same farm.
10        (3) (Blank) In domestic service in or about a private
11    home.
12        (4) As an outside salesman.
13        (5) As a member of a religious corporation or
14    organization.
15        (6) At an accredited Illinois college or university
16    employed by the college or university at which he is a
17    student who is covered under the provisions of the Fair
18    Labor Standards Act of 1938, as heretofore or hereafter
19    amended.
20        (7) For a motor carrier and with respect to whom the
21    U.S. Secretary of Transportation has the power to establish
22    qualifications and maximum hours of service under the
23    provisions of Title 49 U.S.C. or the State of Illinois
24    under Section 18b-105 (Title 92 of the Illinois
25    Administrative Code, Part 395 - Hours of Service of
26    Drivers) of the Illinois Vehicle Code.

 

 

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1    The above exclusions from the term "employee" may be
2further defined by regulations of the Director.
3    (e) "Occupation" means an industry, trade, business or
4class of work in which employees are gainfully employed.
5    (f) "Gratuities" means voluntary monetary contributions to
6an employee from a guest, patron or customer in connection with
7services rendered.
8    (g) "Outside salesman" means an employee regularly engaged
9in making sales or obtaining orders or contracts for services
10where a major portion of such duties are performed away from
11his employer's place of business.
12    (h) "Day camp" means a seasonal recreation program in
13operation for no more than 16 weeks intermittently throughout
14the calendar year, accommodating for profit or under
15philanthropic or charitable auspices, 5 or more children under
1618 years of age, not including overnight programs. The term
17"day camp" does not include a "day care agency", "child care
18facility" or "foster family home" as licensed by the Illinois
19Department of Children and Family Services.
20(Source: P.A. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)
 
21    (820 ILCS 105/4a)  (from Ch. 48, par. 1004a)
22    Sec. 4a. (1) Except as otherwise provided in this Section,
23no employer shall employ any of his employees for a workweek of
24more than 40 hours unless such employee receives compensation
25for his employment in excess of the hours above specified at a

 

 

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1rate not less than 1 1/2 times the regular rate at which he is
2employed.
3    (1.5) No employer who employs a domestic worker shall
4require a domestic worker to work more than 40 hours in a week,
5or 44 hours in a week for domestic worker who resides in the
6home of his or her employer, unless he or she receives
7compensation for overtime at a rate not less than 1.5 times the
8regular rate at which he or she is employed.
9    (2) The provisions of subsection (1) of this Section are
10not applicable to:
11        A. Any salesman or mechanic primarily engaged in
12    selling or servicing automobiles, trucks or farm
13    implements, if he is employed by a nonmanufacturing
14    establishment primarily engaged in the business of selling
15    such vehicles or implements to ultimate purchasers.
16        B. Any salesman primarily engaged in selling trailers,
17    boats, or aircraft, if he is employed by a nonmanufacturing
18    establishment primarily engaged in the business of selling
19    trailers, boats, or aircraft to ultimate purchasers.
20        C. Any employer of agricultural labor, with respect to
21    such agricultural employment.
22        D. Any employee of a governmental body excluded from
23    the definition of "employee" under paragraph (e)(2)(C) of
24    Section 3 of the Federal Fair Labor Standards Act of 1938.
25        E. Any employee employed in a bona fide executive,
26    administrative or professional capacity, including any

 

 

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1    radio or television announcer, news editor, or chief
2    engineer, as defined by or covered by the Federal Fair
3    Labor Standards Act of 1938 and the rules adopted under
4    that Act, as both exist on March 30, 2003, but compensated
5    at the amount of salary specified in subsections (a) and
6    (b) of Section 541.600 of Title 29 of the Code of Federal
7    Regulations as proposed in the Federal Register on March
8    31, 2003 or a greater amount of salary as may be adopted by
9    the United States Department of Labor. For bona fide
10    executive, administrative, and professional employees of
11    not-for-profit corporations, the Director may, by
12    regulation, adopt a weekly wage rate standard lower than
13    that provided for executive, administrative, and
14    professional employees covered under the Fair Labor
15    Standards Act of 1938, as now or hereafter amended.
16        F. Any commissioned employee as described in paragraph
17    (i) of Section 7 of the Federal Fair Labor Standards Act of
18    1938 and rules and regulations promulgated thereunder, as
19    now or hereafter amended.
20        G. Any employment of an employee in the stead of
21    another employee of the same employer pursuant to a
22    worktime exchange agreement between employees.
23        H. Any employee of a not-for-profit educational or
24    residential child care institution who (a) on a daily basis
25    is directly involved in educating or caring for children
26    who (1) are orphans, foster children, abused, neglected or

 

 

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1    abandoned children, or are otherwise homeless children and
2    (2) reside in residential facilities of the institution and
3    (b) is compensated at an annual rate of not less than
4    $13,000 or, if the employee resides in such facilities and
5    receives without cost board and lodging from such
6    institution, not less than $10,000.
7        I. Any employee employed as a crew member of any
8    uninspected towing vessel, as defined by Section 2101(40)
9    of Title 46 of the United States Code, operating in any
10    navigable waters in or along the boundaries of the State of
11    Illinois.
12    (3) Any employer may employ any employee for a period or
13periods of not more than 10 hours in the aggregate in any
14workweek in excess of the maximum hours specified in subsection
15(1) of this Section without paying the compensation for
16overtime employment prescribed in subsection (1) if during that
17period or periods the employee is receiving remedial education
18that:
19        (a) is provided to employees who lack a high school
20    diploma or educational attainment at the eighth grade
21    level;
22        (b) is designed to provide reading and other basic
23    skills at an eighth grade level or below; and
24        (c) does not include job specific training.
25    (4) A governmental body is not in violation of subsection
26(1) if the governmental body provides compensatory time

 

 

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1pursuant to paragraph (o) of Section 7 of the Federal Fair
2Labor Standards Act of 1938, as now or hereafter amended, or is
3engaged in fire protection or law enforcement activities and
4meets the requirements of paragraph (k) of Section 7 or
5paragraph (b)(20) of Section 13 of the Federal Fair Labor
6Standards Act of 1938, as now or hereafter amended.
7(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)
 
8    Section 93. The Wages of Women and Minors Act is amended by
9changing Section 1 as follows:
 
10    (820 ILCS 125/1)  (from Ch. 48, par. 198.1)
11    Sec. 1. As used in this Act:
12    "Department" means the Department of Labor.
13    "Director" means the Director of the Department of Labor.
14    "Wage Board" means a board created as provided in this Act.
15    "Woman" means a female of 18 years or over.
16    "Minor" means a person under the age of 18 years.
17    "Occupation" means an industry, trade or business or branch
18thereof or class of work therein in which women or minors are
19gainfully employed, but does not include domestic service in
20the home of the employer or labor on a farm.
21    "An oppressive and unreasonable wage" means a wage which is
22both less than the fair and reasonable value of the services
23rendered and less than sufficient to meet the minimum cost of
24living necessary for health.

 

 

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1    "A fair wage" means a wage fairly and reasonably
2commensurate with the value of the services or class of service
3rendered. In establishing a minimum fair wage for any service
4or class of service under this Act the Department and the wage
5board without being bound by any technical rules of evidence or
6procedure (1) may take into account all relevant circumstances
7affecting the value of the service or class of service
8rendered, and (2) may be guided by like considerations as would
9guide a court in a suit for the reasonable value of services
10rendered where services are rendered at the request of an
11employer without contract as to the amount of the wage to be
12paid, and (3) may consider the wages paid in the State for work
13of like or comparable character by employers who voluntarily
14maintain minimum fair wage standards.
15    "A directory order" means an order the nonobservance of
16which may be published as provided in Section 9 of this Act.
17    "A mandatory order" means an order the violation of which
18is subject to the penalties prescribed in paragraph 2 of
19Section 15 of this Act.
20(Source: P.A. 91-357, eff. 7-29-99.)
 
21    Section 94. The One Day Rest In Seven Act is amended by
22changing Section 2 as follows:
 
23    (820 ILCS 140/2)  (from Ch. 48, par. 8b)
24    Sec. 2. (a) Every employer shall allow every employee

 

 

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1except those specified in this Section at least twenty-four
2consecutive hours of rest in every calendar week in addition to
3the regular period of rest allowed at the close of each working
4day.
5    A person employed as a domestic worker, as defined in
6Section 2 of the Domestic Workers' Bill of Rights Act, shall be
7allowed at least 24 consecutive hours of rest in every calendar
8week. This subsection (a) does not prohibit a domestic worker
9from voluntarily agreeing to work on such day of rest required
10by this subsection (a); provided that the worker is compensated
11at the overtime rate for all hours worked on such day of rest.
12The day of rest authorized under this subsection (a) should,
13whenever possible, coincide with the traditional day reserved
14by the domestic worker for religious worship. The hours and
15days of rest allowed under this Act shall be in addition to any
16paid time off earned under Section 8 of the Domestic Workers
17Bill of Rights Act.
18    (b) This Section does not apply to the following:
19    (1) Part-time employees whose total work hours for one
20employer during a calendar week do not exceed 20; and
21    (2) Employees needed in case of breakdown of machinery or
22equipment or other emergency requiring the immediate services
23of experienced and competent labor to prevent injury to person,
24damage to property, or suspension of necessary operation; and
25    (3) Employees employed in agriculture or coal mining; and
26    (4) Employees engaged in the occupation of canning and

 

 

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1processing perishable agricultural products, if such employees
2are employed by an employer in such occupation on a seasonal
3basis and for not more than 20 weeks during any calendar year
4or 12 month period; and
5    (5) Employees employed as watchmen or security guards; and
6    (6) Employees who are employed in a bonafide executive,
7administrative, or professional capacity or in the capacity of
8an outside salesman, as defined in Section 12 (a) (1) of the
9federal Fair Labor Standards Act, as amended, and those
10employed as supervisors as defined in Section 2 (11) of the
11National Labor Relations Act, as amended; and
12    (7) Employees who are employed as crew members of any
13uninspected towing vessel, as defined by Section 2101(40) of
14Title 46 of the United States Code, operating in any navigable
15waters in or along the boundaries of the State of Illinois.
16(Source: P.A. 92-623, eff. 7-11-02.)
 
17    Section 97. Severability. If any provision of this Act of
18the application of such provision to any person or circumstance
19is preempted by or held to be in violation of Illinois or
20federal law or regulation, the remainder of the provisions of
21this Act and the application of those provisions to any person
22or circumstance shall not be affected.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.