[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB2015
LRB9104053WHpr
1 AN ACT to amend the Minimum Wage Law by changing Section
2 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Minimum Wage Law is amended by changing
6 Section 3 as follows:
7 (820 ILCS 105/3) (from Ch. 48, par. 1003)
8 Sec. 3. As used in this Act:
9 (a) "Director" means the Director of the Department of
10 Labor, and "Department" means the Department of Labor.
11 (b) "Wages" means compensation due to an employee by
12 reason of his employment, including allowances determined by
13 the Director in accordance with the provisions of this Act
14 for gratuities and, when furnished by the employer, for meals
15 and lodging actually used by the employee.
16 (c) "Employer" includes any individual, partnership,
17 association, corporation, business trust, limited liability
18 company, governmental or quasi-governmental body, or any
19 person or group of persons acting directly or indirectly in
20 the interest of an employer in relation to an employee, for
21 which one or more persons are gainfully employed on some day
22 within a calendar year. An employer is subject to this Act in
23 a calendar year on and after the first day in such calendar
24 year in which he employs one or more persons, and for the
25 following calendar year.
26 (d) "Employee" includes any individual permitted to work
27 by an employer in an occupation, but does not include any
28 individual permitted to work:
29 (1) For an employer employing fewer than 4
30 employees exclusive of the employer's parent, spouse or
31 child or other members of his immediate family.
-2- LRB9104053WHpr
1 (2) As an employee employed in agriculture or
2 aquaculture (A) if such employee is employed by an
3 employer who did not, during any calendar quarter during
4 the preceding calendar year, use more than 500 man-days
5 of agricultural or aquacultural labor, (B) if such
6 employee is the parent, spouse or child, or other member
7 of the employer's immediate family, (C) if such employee
8 (i) is employed as a hand harvest laborer and is paid on
9 a piece rate basis in an operation which has been, and is
10 customarily and generally recognized as having been, paid
11 on a piece rate basis in the region of employment, (ii)
12 commutes daily from his permanent residence to the farm
13 on which he is so employed, and (iii) has been employed
14 in agriculture less than 13 weeks during the preceding
15 calendar year, (D) if such employee (other than an
16 employee described in clause (C) of this subparagraph):
17 (i) is 16 years of age or under and is employed as a hand
18 harvest laborer, is paid on a piece rate basis in an
19 operation which has been, and is customarily and
20 generally recognized as having been, paid on a piece rate
21 basis in the region of employment, (ii) is employed on
22 the same farm as his parent or person standing in the
23 place of his parent, and (iii) is paid at the same piece
24 rate as employees over 16 are paid on the same farm.
25 (3) In domestic service in or about a private home.
26 (4) As an outside salesman.
27 (5) As a member of a religious corporation or
28 organization.
29 (6) At an accredited Illinois college or university
30 employed by the college or university at which he is a
31 student who is covered under the provisions of the Fair
32 Labor Standards Act of 1938, as heretofore or hereafter
33 amended".
34 (7) For a motor carrier and with respect to whom
-3- LRB9104053WHpr
1 the U.S. Secretary of Transportation has the power to
2 establish qualifications and maximum hours of service
3 under the provisions of Title 49 U.S.C. or the State of
4 Illinois under Section 18b-105 (Title 92 of the Illinois
5 Administrative Code, Part 395 - Hours of Service of
6 Drivers) of the Illinois Vehicle Code.
7 The above exclusions from the term "employee" may be
8 further defined by regulations of the Director.
9 (e) "Occupation" means an industry, trade, business or
10 class of work in which employees are gainfully employed.
11 (f) "Gratuities" means voluntary monetary contributions
12 to an employee from a guest, patron or customer in connection
13 with services rendered.
14 (g) "Outside salesman" means an employee regularly
15 engaged in making sales or obtaining orders or contracts for
16 services where a major portion of such duties are performed
17 away from his employer's place of business.
18 (Source: P.A. 88-594, eff. 8-26-94; revised 10-31-98.)