Section 250.100  Definition of the Act

 

As used herein the term "Act" shall mean the Child Labor Law, approved June 30, 1945, L. 1945, p. 754, as amended.  (Illinois Revised Statutes 1977, ch. 48, pars. 31.1 et seq. as amended)

 

Section 250.105  Definitions

 

"Act" means the Child Labor Law [820 ILCS 205].

 

"Agriculture", for purposes of Sections 1, 2 and 9 of the Act, means farming in all of its branches and, among other things, includes:

 

the cultivation and tillage of the soil;

 

dairying;

 

the production, cultivation, growing and harvesting of any agricultural commodity (including commodities defined as agricultural commodities in section 15(g) of the U.S. Agricultural Marketing Act (12 USC 1141 et seq.));

 

the raising of livestock, bees, furbearing animals, or poultry; and

 

any practices (including any forestry or lumbering operations) performed by a farmer or on a farm incident to, or in conjunction with, these farming operations, including preparation for market and delivery to storage, to market, or to carriers for transportation to market. 

 

The phrase "incident to or in conjunction with" shall not include construction, by a private contractor, of farm buildings on a farm.

 

"Chaperone" means a parent or legal guardian of a child performer, or a person over 18 years of age designated by the parents or legal guardians of a child performer. A chaperone shall supervise one or more child performers acting in their best interest, when the child performers are on set, in wardrobe or make-up services, or on bathroom breaks.

 

"Child performer" means an unemancipated person under the age of 16 who is employed in this State and who performs on live or pre-recorded radio or television, or in motion pictures, or in other entertainment-related performances.

 

"Day" means a calendar day.

 

"Department of Labor" or "Department" means the Illinois Department of Labor, its Director, and the Director's authorized representatives.

 

"Employed" means the relationship between a minor and an employer in which a minor performs services for the benefit of an employer with the actual or implicit knowledge of the employer.  The presence of a minor on an employer's premises performing work shall constitute prima facie evidence of the minor's employment.

 

"Employer" means any individual, partnership, association, corporation, business trust, enterprise, or any person or group of persons acting directly or indirectly in the interest of an employer in relationship to a minor.

 

"Employment Certificate" means the certificate authorizing employment of a minor that is issued by an authorized agent of the Regional or District Superintendent of Schools under Section 10 of the Act.

 

"Enterprise" means an activity defined by section 3 of the Fair Labor Standards Act of 1938 (29 USC 203(r) and (s)).

 

"Filling Station" or "Service Station" means, in the phrase "in or about any filling station or service station" (see Section 17 of the Act) those areas used for convenience and/or grocery stores at a filling station or service station.

 

"Gainful Occupation", for purposes of the Act, means any service, trade, business, profession, or calling a minor pursues with the reasonable expectation of compensation.

 

"Garage", for purposes of Section 7 of the Act, means, but is not limited to, establishments selling and/or repairing automobiles, trucks, farm implements, and other vehicles capable of being propelled by their own power, and their premises, except that office employment shall not be prohibited.

 

"Minor" means persons who have not attained their sixteenth birthday.  For the purposes of the Act and this Part, persons attaining their sixteenth birthday shall no longer be considered minors.

 

"Permitted or Allowed" means the imposition of liability on a person who does not directly employ a minor in violation of the Act, but has sufficient control over the employer to discover the illegal employment and sever the employment relationship.

 

"Place of Employment", for purposes of Section 250.302, means the physical location, as designated by the employer, where a performance takes place.  Remote-based performances, including but not limited to home-based performances, where performances are made possible through internet-based capabilities, are also considered work sites that require written consent from the parent or legal guardian and employer, as reflected in the employment certificate.

 

"Premises", as used in Sections 6 and 7 of the Act, means a specified employer's buildings, grounds and appurtenances, but does not include the designated space of separate and independent employers conducting business under a common roof.

 

"Registered Nurse" means a person licensed under the Illinois Nurse Practice Act [225 ILCS 65] as a Registered Professional Nurse (RN) or Advanced Practice Registered Nurse (APRN), with experience in pediatrics.

 

"School Day", for purposes of Section 250.302, means any day on which the child performer receives educational instruction in order to meet minimum attendance and academic requirements of Section 26-1 of the School Code [105 ILCS 5].

 

"School Hours", for purposes of Section 250.302, means time offered by the employer to provide appropriate school instruction for the child performer to meet minimum attendance and academic requirements of Section 26-1 of the School Code [105 ILCS 5].

 

"Studio Teacher", for purposes of Section 250.302, means a person who has obtained a Professional Educator License (PEL) with teaching endorsements as provided in Article 21B of the School Code [105 ILCS 5] and 23 Ill. Adm. Code 25, and is hired by the employer to provide academic, appropriate instruction, in accordance with the teacher's license, for each child performer on days when the child would otherwise be provided traditional academic instruction and may be charged with duties to protect the health, safety and well-being of the child performer on set.

 

"Television, Motion Picture, or Related Entertainment Production", as used in Section 8.1(b) of the Act, means films, videotape or television programming of theatrical, commercial or documentary presentations viewed by a member of the general public in a theater or on a television screen.

 

"Time Record" means an accurate time record for each minor employed.  Time records shall include the following information for each minor:  name, address, date of birth, starting and ending dates of employment, starting and ending times of each work day, starting and ending time of each meal break, and number of hours worked daily and weekly.

 

"Week" means the calendar week, i.e., that seven consecutive day period beginning at 12:01 a.m. on Sunday morning and ending on the following Saturday night at midnight.

 

"Work" means all times during which an employed minor is required, permitted or allowed to be on the employer's premises or at a prescribed work place.

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

 

Section 250.110  Minor (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.115  Agriculture (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.120  Week (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.125  Work (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.130  Time Record (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.135  Premises (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.140  Suffer (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.145  Garage (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.150  Employer and All Interested Parties (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.200   Employers Subject to the Act

 

An employer becomes subject to the Act by the presence of a minor on the employer's premises performing work, or by the inclusion of a minor on the employer's payroll, or by a minor receiving or having a reasonable expectation of receiving compensation from the employer.  Such compensation need not be monetary.  For purposes of this Section, compensation shall not include provision of food, clothing and shelter by a parent or a legal guardian.

 

(Source:  Amended at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.205  Minors Assisting Employees of Tax Supported School Lunch Programs

 

In the Illinois School Lunch Program a common practice is to have minors assist the employees in the serving of meals and the subsequent cleanup in exchange for their lunch in lieu of other remuneration.  In such programs that are financed by tax revenues such minors shall not be considered employees for purpose of the Act.

 

Section 250.210  Movie Theatres

 

Employment in an:

 

a)         Indoor movie theatre is not a hazardous occupation,

 

b)         Outdoor or drive-in movie theatres shall be a hazardous occupation with the exception of the indoor portion thereof.

 

Section 250.215  Car Wash

 

A minor may not be employed in any car wash that uses power driven machinery, or involves the moving of motor vehicles in its course of operation, provided that office and other non-hazardous employment shall not be prohibited.

 

Section 250.220  Employment in or about Airfields

 

A minor may not be employed in or about an airfield.  This includes, but is not limited to, storage areas, hangers, baggage areas, runways, taxi strips, and fueling areas, but does not include areas such as gift shops, restaurants, or other rental establishments located inside the terminal proper which does not expose the minor to power driven machinery or alcoholic beverages sold for consumption on the premises.

 

Section 250.225  Office and Ice Cream Dispensing Equipment

 

a)         Minors may be employed in an office in which power driven office equipment, including but not limited to typewriters, adding machines, copying machines, is used.

 

b)         The prohibition against power driven machinery shall not apply to those machines used to dispense frozen custards and similar types of soft ice cream, milk shake machines and other soda fountain machinery without sharp edges or blades or other hazardous open, moving parts.

 

Section 250.230  Enclosed, Self-sealing Automatic Dishwashers

 

A minor may be employed in an occupation requiring the use of an automatic or power driven dishwasher, provided said dishwasher is enclosed on all sides, is self-sealing, can be fastened completely shut and provided further that the dishwashing machine has no moving parts which are exposed or otherwise hazardous.

 

Section 250.235  Power Driven Machinery

 

a)         About or in connection with power driven machinery shall mean any work requiring the presence of the minor around machinery whose motors and moving components are not enclosed as to prevent access to danger zones. Whether or not the machinery is operating is immaterial.  Thus, after hours cleanup in such an establishment is prohibited; provided that office and messenger and other non-hazardous employment shall not be prohibited.

 

b)         Office and non-hazardous messenger employment is not prohibited.  Work performed in connection with electrically powered office machines, and ice cream machines with moving parts and motors enclosed as to prevent access to their danger zones, is not considered hazardous power driven machinery.

 

Section 250.240  Exhibition Park or Place of Amusement

 

a)         State, county or local fairs, park districts and permanently constructed entertainment centers are not prohibited occupations under the Act; however, the carnival, midway and mechanical rides portion thereof is prohibited.

 

b)         A place of amusement is distinguished from a center of entertainment insofar as a place of entertainment does not house nor become involved with the operation of legal games of chance, as coin operated amusement devices, which are found in places of amusement.

 

Section 250.245  Employment in Establishments Selling Package Liquors

 

Such employment is not prohibited to a minor provided:

 

a)         No liquor is actually manufactured or bottled on the premises,

 

b)         No containers are opened or alcoholic beverages sold or served for consumption on the premises.

 

Section 250.250  Shopping Malls and Similar Structures  Containing Two  or More Buildings

 

Alcoholic beverages served or sold for consumption on the premises shall mean only that building in which the sale and/or consumption occurs.  Other buildings therein shall not be a prohibited occupation under Section 7(13) of the Act.

 

Section 250.255  Performances in Alcoholic Beverage Serving  Establishments Excepting those Theatrical Productions in Sec. 8 of the Act

 

Minors are prohibited from being employed in establishments serving alcoholic beverages.  This includes but is not limited to bands, rock groups, and other types of non-theatrical entertainment except as provided for in section 7(13) of the Act.

 

Section 250.260  Employment of Minors as Models

 

a)         Certificates

 

1)         Employment certificates must be obtained pursuant to Section 9 through 12 of the Act for all minors who wish to be employed, used, or exhibited as models.

 

A)        Issuing officers shall issue employment certificates to minors enrolled in school.

 

B)        The Regional or City Superintendent of Schools shall issue employment certificates to those minors under school age.

 

2)         If the minor applying for the permit is over ten (10) years of age, the consent of such minor to the employment must be obtained in writing on the certificate.

 

3)         The employment certificate for a child model shall terminate one year after the date of issuance.  A minor and/or his parents or guardians may reapply following the procedures outlined in Section 9 through 12 of the Act.

 

4)         No minor employed as a child model shall be excused from attending school except as authorized pursuant to Section 26-1 of the School Code.

 

5)         A copy of the employment certificate for the child model shall accompany the minor at each work location where the minor is employed, used or exhibited as a model.

 

b)         Employment conditions

 

1)         Every minor under fourteen years of age employed, used or exhibited as a model shall be accompanied by the parent or guardian of such minor or by an adult designated in writing by such parent or guardian.  However, for a minor under the age of ten (10) years so employed, the employer may not be so designated by the parent or guardian, unless the employer is in fact the parent.

 

2)         No minor shall be employed, used or exhibited as a model during the hours school is in session according to the School Code.

 

A)        Minors under eight (8) years of age (0-7).

 

            No minors under eight (8) years of age shall be employed, used or exhibited as a model for more than two (2) hours in any one day, nor more than ten (10) hours in any one week.

 

B)        Minors eight (8) - thirteen (13) years of age, inclusive.

 

            No minor eight (8) - thirteen (13) years of age, shall be employed, used or exhibited as a model for:

 

i)          more than three (3) hours in any one day in which school is in session; or

 

ii)         more than four (4) hours in any one day in which school is not in session; but

 

iii)        not more than eighteen (18) hours a week in which school is in session for three (3) or more days; or

 

iv)        not more than twenty (20) hours during any week in which school is not in session for at least three (3) days.

 

C)        Minors fourteen (14) - fifteen (15) years of age, inclusive.

 

            The terms and conditions of employment for minors fourteen (14) and fifteen (15) years of age shall remain in accordance and consistent with the provision established in Section 3 of the Act.

 

c)         Child Labor Law Controlling

            All other provisions heretofore unmentioned, as found in Sections 1-22 of the Act shall control and may be used in prosecution of any employer of minors under sixteen years of age employed, used or exhibited as models.

 

Section 250.265  Parent, Guardian, or Chaperone Required Presence at Performance; Review of Performance Description

 

a)         Section 8 of the Act states that a child performer participating in, or in attendance in connection with, a performance or a rehearsal shall be accompanied by a chaperone. The chaperone shall have no connection with the theatre or organization that is responsible for the production.  The chaperone shall be present at the time of every performance and rehearsal.

 

b)         Consent to the Performance of a Child Performer under Section 8.1 (a) in Television, Motion Picture, or Related Entertainment:

 

1)         Prior to casting, the employer shall provide to the parent or legal guardian an accurate description of the performances that will be required of the child performer.

 

2)         The parent or legal guardian may decline specific performances if the parent or legal guardian, chaperone or studio teacher believes the performance is not within the capabilities of the child performer or the performance is not consistent with the description provided prior to casting.

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

 

Section 250.270  Non-Resident Minor Seeking Employment

 

An out-of-state minor wishing to procure employment in the State of Illinois must obtain an employment certificate from a City or Regional Superintendent of Schools or the State Superintendent of Education in Illinois.  The requirement that the minor submit his or her application for a certificate in person may be waived by the individual issuing the employment certificate.  In addition to the conditions stated in Section 12 of the Act, an out-of-state minor must also, if he or she desires employment during school vacation, obtain a letter from his or her out-of-state principal attesting to the fact that he or she is indeed on vacation and that school is not in session for the specified period of time. 

 

(Source:  Amended at 36 Ill. Reg. 314, effective December 22, 2011)

 

Section 250.300  Number of Days Employment Limit

 

Under the provisions of Section 3 of the Act, no minor shall be employed for more than six days in any one week.

 

Section 250.302  Section 8.1(a) Work Hours Exception;  Maximum Hours on Set, Schooling, Health and Welfare of Child Performers in Television, Motion Picture, or Related Entertainment Productions

 

Child performers may be employed, permitted or allowed to work in a television, motion picture, or related entertainment production, in adherence with the limitations and requirements of this Section.

 

a)         Maximum Hours on Set.  A child performer's time permitted at the place of employment within a 24-hour time period is limited based on the child performer's age, as follows:

 

Child Performer's Age	Maximum Time on Set	Maximum Work Time	Rest, Meals and Recreation	School Hours
15 Days-6 Mos	2 Hrs	20 Min	Balance of Time
7 Mos-2 Yrs	4 Hrs	2 Hrs	Balance of Time
3-5 Yrs	5 Hrs	3 Hrs	1 Hr	On School Days: 1 Hr
6-8 Yrs	On School Days: 7 Hrs	On School Days: 4 Hrs	On School Days or Non School Days: 1 Hr	On School Days: 3 Hrs
	On Non-School Days: 8 Hrs	On Non-School Days: 6 Hrs
9-15 Yrs	9 Hrs	On School Days: 5 Hrs	On School Days or Non School Days: 1 Hr	On School Days: 3 Hrs
		On Non-School Days: 7 Hrs

 

b)         Requirements for School Hours 

 

1)         The employer shall provide a studio teacher or teachers to fulfill school hour requirements by age group on school days when the child performer is not otherwise receiving educational instruction.  The employer shall set aside a clean, well-lit place where the instruction can take place; 

 

2)         A studio teacher, retained by the employer, shall provide the following services:

 

A)        Educationally appropriate instruction for a child performer if employment, including performance and rehearsals, interferes with education requirements;

 

B)        For each child performer employed, a written report to the child perfomer's parents or legal guardians of subjects covered and the number of hours and dates of attendance.

 

C)        Manage recreational activity, meals and rest periods during non-school days;

 

D)        Age-appropriate activity for non-school age children; and

 

E)        Complement and provide supervision as needed during school days and non-school days;

 

3)         School hours may only take place between 7 a.m. and 4 p.m.;

 

4)         Materials needed for schooling, such as laptops and supplies, shall be provided by parents or legal guardians.  If a child performer lacks necessary supplies, the employer must provide supplies to ensure instruction can take place; and

 

5)         Additional Guidelines for the Employer to Achieve School Hours Requirements

 

A)        The child performer must receive at least one hour of school time per school day.  However, if the full school time requirement is not met on a particular school day due to the production schedule, the employer may have the child performer make up the difference on other work days, provided that the following requirements are met:

 

i)          The studio teacher must approve the make-up schedule;

 

ii)         The make-up school hours must be made up within one week before or after the day of the missed school hours;

 

iii)        The child performer's maximum time at the employment site shall not exceed the total maximum allowable number of work and school hours combined as provided in subsection (a);

 

iv)        The employer may make up no more than 2 school hours on any given day, including non-filming days when the child performer is required to be on the employment site for rehearsal or other preparations required outside of the actual performance with approval of studio teacher;

 

v)         School hours cannot be made up during holidays observed by the child performer's family; and

 

vi)        The child performer may not perform and make up school hours in excess of six days in a week.

 

c)         Staffing Requirements

The employer shall adhere to the following staffing requirements:

 

1)         A registered nurse shall be present for all rehearsals and performances when infants are on a set, in accordance with the following ratios, and may call for breaks as necessary:

 

A)        One nurse for no more than 3 infants between 15 days and 6 months of age; or

 

B)        One nurse for no more than 10 infants between 7 months and 1 year of age;

 

2)         A studio teacher shall be present to provide educational instruction in accordance with the following ratios:

 

A)        One studio teacher for no more than 10 child performers between age 5 and 8; or

 

B)        One studio teacher for no more than 20 child performers between age 9 and 15;

 

3)         Licensed medical professionals, such as emergency medical technicians or nurses, shall be retained by the employer and shall be on-site and available to respond to medical emergencies when child performers are present at the place of employment.  During remote-based performances, medical attention must be approved by written consent signed by the parents or legal guardian.

 

d)         Educational Requirements

The employer shall adhere to the following requirements regarding educational instruction and supervision:

 

1)         Content taught by the studio teacher shall be appropriate for the grade level of each child, as determined by the Illinois State Board of Education's Illinois Learning Standards (see 23 Ill. Adm. Code 1.Appendix D). Games may not be substituted for material taught to children during school hours;

 

2)         Instruction may be taught remotely by a studio teacher:

 

A)        If work performance takes place outside the place of employment; or

 

B)        To make up school hours, with the agreement of the child performer's parents or legal guardians and the employer.

 

e)         No child performer may be sent to wardrobe, dressing, hair dressing, or make-up without the supervision of a chaperone or studio teacher.

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

 

Section 250.305  Applying for a Section 8.1(b) Work Hours Waiver

 

a)         No employer subject to the provisions of the Act shall employ, permit or allow a child performer to work in a television, motion picture, or a related entertainment production (as defined in Section 250.105) between 7 p.m. and 7 a.m. from Labor Day to June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day, without first obtaining a certificate for a work hours waiver from the Department of Labor.

 

b)         An official application form for a work hours waiver shall be provided by the Department.  The employer shall answer all questions contained on the form, including, but not limited to: the name, address and birth date of the child performer at issue; the specific work hours during a particular date for which the employer requests the waiver; the name, address and telephone number of the person that the employer has assigned and authorized to supervise the child performer during the work hours covered by the application for a waiver; a specific description of the child performer's performance, including information concerning the plot of the movie or television series and, if a commercial or music video, its essential lyrics; and a description and address of the exact place(s) where the child performer will work during the hours covered by the waiver request, including information concerning the surrounding physical set or physical environment.

 

c)         The employer shall attach to the application for a work hours waiver a copy of the child performer's valid employment certificate, issued pursuant to Sections 9 - 12 of the Act.

 

d)         The application must be signed and dated by a parent or legal guardian of the child performer, the employer, and an authorized representative of a collective bargaining unit, if a union represents the child performer upon employment.

 

e)         The Department will evaluate the application to consider whether the waiver would be detrimental to the health or welfare of the child performer, whether the child performer would be supervised adequately; and whether the education of the child performer would be neglected.  For purposes of a nighttime waiver evaluation, work hours between 12:30 a.m. and 5:00 a.m. will generally be presumed to be detrimental to the welfare of the child performer.

 

f)         Any employer seeking a work hours waiver shall submit an application to the Department as soon as is practicable, but no less than 48 hours prior to any nighttime hours to be worked between Monday night and Thursday night/Friday morning at 9:00 a.m.

 

Waiver requests for nighttime hours to be worked over the weekend (between Friday evening at 7:00 p.m. or 9:00 p.m. as established in subsection (a), until 9:00 a.m. on the following Monday) must be submitted to the Department no later than 5:00 p.m. on the Thursday prior.

 

Alternatively, the employer may submit a combined request for a work hours waiver for up to one work week at a time.  Such weekly waivers must be submitted to the Department by no later than 5:00 p.m. on the Thursday prior.

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

 

Section 250.310  Issuance of a Section 8.1(b) Work Hours Waiver

 

a)         The Department of Labor shall investigate the statements made on the employer's application for a work hours waiver and issue a certificate for a work hours waiver for the employer to employ said minor for the hours, under the condition specified by the application, when s/he is satisfied that the health, welfare and education of the minor will not be jeopardized by such work.

 

b)         An employer applying for a work hours waiver shall not consider its request granted until it receives a certificate for a work hours waiver from the Department of Labor, signed by the Director or his/her authorized representative.

 

c)         Upon the expiration of said waiver, an employer may reapply for a new work hours waiver for a date and time certain in the future, subject however to the same terms and conditions as required for an original application.

 

(Source:  Added at 19 Ill. Reg. 6564, effective May 2, 1995)

 

Section 250.315  Section 8.1(b) Work Hours Waiver Record Keeping and Disclosure Requirements

 

a)         An employer shall keep a copy of the certificate for a work hours waiver at the exact place(s) and address(es) where the minor is working during the hours covered by the waiver.

 

b)         An employer shall maintain a certificate for a work hours waiver issued pursuant to Section 8.1(b) of the Act and Section 250.310 of this Part for each minor employee for at least 3 years, irrespective of whether the employee has been terminated.

 

c)         An employer shall make all certificates for a work hours waiver available for inspection and transcription by a duly authorized agent of the Department.

 

(Source:  Added at 19 Ill. Reg. 6564, effective May 2, 1995)

 

Section 250.400  Certification by Issuing Officers

 

Section 10 of the Act requires certification by duly authorized representatives of the Regional or District Superintendent of Schools before a minor under 16 can be employed under the Act and this Part.  Issuing officers are responsible for:

 

a)         A knowledge of the Act and this Part;

 

b)         Issuing legal employment certificates and maintaining necessary records to comply with Sections 10, 11 and 12 of the Act;

 

c)         A determination of the legality of the minor's proposed employment and whether the minor is academically and physically capable of performing the work in addition to the school requirements.  If any one of these three tests is not satisfied, the issuing officer shall refuse to issue the employment certificate and notify the minor and the proposed employer of that refusal;

 

d)         Suspension and Revocation of an Employment Certificate

 

1)         Petitioning the Department to suspend any employment certificate:

 

A)        Found to be illegally or improperly issued; or

 

B)        When the minor's parent, guardian or school principal believes the employment is interfering with the best physical, intellectual or moral development of the minor; and

 

2)         If warranted, issuing a Notice of Suspension of the employment certificate. Following the procedures in Section 250.700, the Department, if it determines revocation of the certificate is warranted, will issue a Final Order of Revocation; and

 

e)         Issuance, upon request, of a Certificate of Age (see Section 14 of the Act) for individuals 16 through 19 years of age.

 

f)         Require a parent or legal guardian seeking a work permit on behalf of a minor to submit the following documents, through either a secure electronic transmission or certified U.S. Mail, to protect personal identifiable information such as birthdates, addresses, social security numbers, or any other document that may be confidential in nature, as required by the issuing officers in accordance with Section 12 of the Act, if in-person applications are not possible because of a declared gubernatorial disaster and an executive order waiving the in-person requirement is in force:

 

1)         the application for employment;

 

2)         the documents listed in Section 12 (1 through 4) of the Act; and

 

3)         a copy of a government issued photo identification for the person designated as the parent or legal guardian on the minor's birth certificate or court order regarding adoption or guardianship.

 

g)         Perform the following actions when an in-person interview with the minor and parents or legal guardians is not possible because of a declared gubernatorial disaster and an executive order waiving the in-person requirement is in force:

 

1)         receive and review the documents listed in subsection (f) in advance of the interview;

 

2)         schedule and host a video conference interview, with the minor seeking the employment certificate and the minor's parent or legal guardian simultaneously, to confirm consent to seek employment and verify the completeness of documents required by Section 12 (1 through 4) of the Act and subsection (f) of this Section at the time of the interview;

 

3)         if a parent or legal guardian does not have access to video technology, telephonically interview the parent or guardian.  In this circumstance, the issuing officer must provide the Department with a statement indicating the video interview was not possible and that a telephone interview was conducted; and

 

4)         email a copy of the approved employment certificate to the Department (dol.childlaborlaw@illinois.gov).

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

 

Section 250.500  Employer Responsibilities

 

The employer of the minor shall:

 

a)         Upon receiving a "Notice of Suspension", immediately suspend the employment of the minor until the final order is received.  The employer is then responsible for proper action as dictated by the final order (see Section 250.700);

 

b)         Become informed in the application of the Act and this Part to the employer's establishment or enterprise.  Information on the Act and this Part is available at the Department's website and will be provided upon request;

 

c)         Maintain a time record on each minor employee for at least 3 years from the date of employment, irrespectively of whether the employee has been terminated;

 

d)         Keep the required time records, or duplicate copies of those records, at the place of employment or business, at which the minor is currently employed and retain time records for terminated employees at the place of employment for at least 6 months after the date of termination or in accordance with 56 Ill. Adm. Code 210.730 if records are kept outside business premises; and

 

e)         Make available, during the regular business hours observed by the employer, the required time records for inspection and copying by a duly authorized agent of the Department.

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

 

Section 250.600   Revocation of Employment Certificates; Civil Penalty Assessments

 

The provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et seq.) shall apply to contested cases involving the revocation of employment certificates under Section 16 and 17 of the Act and the final determination of civil penalties under Sections 17 and 17.3 of the Act.

 

(Source:  Amended at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.700  Procedure and Time Table for Suspension or Revocation of Employment Certificates

 

a)         The Department of Labor shall notify all interested parties to an employment certificate suspension pursuant to Section 16 and 17 of the Act of the Department's suspension action and of the Department's hearing procedure to either reinstate or revoke the certificate.

 

b)         A minor may, within 10 days after receipt of a suspension notice, request an informal investigation conference.  The request must be mailed to the Department's Chicago office.  The Department shall make an initial determination with respect to the legal and factual merits of the minor's request.

 

c)         If the request presents a reasonable issue of law or fact, an informal investigative conference shall be conducted at the Department's Chicago or Springfield office within 21 days of the issuance of the suspension notice. If the request is denied,  the Department shall notify the minor of its findings in writing within 10 days.

 

d)         If an informal conference is held, and the matter resolved, the Department shall within 10 days after the conference issue a final order.

 

e)         If an informal investigative conference was requested and held but did not resolve the matter, a minor may make a written request within 10 days after the investigative conference for an administrative hearing pursuant to Section 250.715 of this Part.  A request shall be prominently marked "request for administrative hearing on employment certificate."  The Department shall conduct the hearing at its Chicago or Springfield office within 21 days after the informal hearing.  The Department shall issue a final order 10 days after the administrative hearing.

 

f)         If a minor does not tender a request for an administrative hearing to the Department within 10 days after an informal investigative conference, the suspension shall become a final order of revocation on the 22nd day after the investigative hearing.

 

g)         As used herein "day" shall refer to a calendar day.  If the deadline for a conference or a hearing request falls on a weekend or a holiday, the minor may tender the request on the next following business day.

 

(Source:  Amended at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.705  Procedure for Child Labor Penalty Assessment

 

a)         The Department shall conduct investigations, conferences, or hearings for the purpose of assessing penalties as provided under Section 17 of the Act.

 

b)         When the Department finds, upon evidence resulting from an investigation pursuant to Section 17 of the Act, that an employer has violated the Child Labor Law or Department regulations, the Department may convene an informal investigative conference for the purpose of obtaining evidence, identifying the issues in dispute, and exploring the possibility of a negotiated settlement. Notice of the conference shall be given to the employer at least 10 days prior thereto and shall identify the individuals requested to attend, along with any books, records or documents the employer must produce at the conference.  The Department shall consider the matter resolved in the event a settlement has been reached prior to the conference date.

 

c)         An employer may be accompanied at the informal investigative conference by an attorney, and by a translator if necessary.  The employer may bring witnesses to the conference in addition to those whose attendance may be specifically requested by the Department, but the Department employee conducting the conference shall decide which witnesses shall be heard and the order in which they will be heard.  The Department employee conducting the conference may exclude witnesses and other persons from the conference when they are not giving evidence, except that the employer's counsel, and translator if necessary, may be permitted to remain throughout.  The Department employee shall conduct and control the proceedings.  No tape recording, stenographic report or other verbatim record of the conference may be made.

 

d)         If any person becomes disruptive or abusive, the Departmental employee shall exclude the person from the conference and shall continue the conference without the excluded individual.

 

e)         If the informal investigative conference is held but did not resolve the dispute, a final determination on the amount of civil penalties shall be made in an administrative hearing pursuant to the provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et seq.) and Section 250.775 of this Part.

 

(Source:  Added at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.710  Assessing Penalties

 

a)         The administrative determination of an amount of civil penalties, not to exceed $5,000 for each violation of the Act and the regulations, shall be based on the available evidence of the violation(s) and shall consider the size of the employer's business and the gravity of the violation(s).

 

b)         The Department's assessment of civil penalties shall consider the size of the employer's business.  The assessment shall take into account the number of employees employed by the employer, the gross dollar volume of sales or business done, the employer's capital investments and financial resources, and other information relevant to the size of the employer's business.

 

c)         The Department's assessment of civil penalties shall consider the gravity of the offense(s).  The assessment shall take into consideration, among other things, any history of prior violations, any evidence of willfulness or failure to take reasonable precautions to avoid violations, the number of minors illegally employed, the age of the minors employed, the absence of employment certificates, the occupations in which the minors were employed, exposure of the minors to hazards and any resultant injury to the minors, the duration of the illegal employment, and, as appropriate, the hours of the day in which it occurred and whether the employment was during or outside school hours.  The Department shall not consider an employer's assertion that it was unaware of the Act and/or these regulations as a mitigating factor in determining the gravity of the offense(s).

 

d)         A determination of civil penalties made in an administrative hearing pursuant to the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et seq.) and Section 250.715 of this Part shall be final.

 

(Source:  Added at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.715  Procedure for Contested Cases; Suspension or Revocation of Employment Certificates; Final Determinations of Civil Penalties

 

The Department shall conduct administrative hearings for all contested cases involving the revocation of employment certificates and the final determination of civil penalties pursuant to the Illinois Administrative Procedure Act [5 ILCS 100] and to 56 Ill. Adm. Code 120.

 

(Source:  Amended at 25 Ill. Reg. 864, effective January 5, 2001)

 

Section 250.800  Minimum Age

 

A violation of Section 1 of the Act shall be charged for each minor employee under the age of fourteen (14) not exempt from the Act.

 

Section 250.805  Hours of Work

 

A separate violation of Section 3 of the Act shall be charged for every instance in which an employer employed, permitted, or allowed a minor to work:

 

a)         for more than six consecutive days in any calendar week,

 

b)         over 48 hours in any calendar week when school is not in session,

 

c)         over eight hours per day,

 

d)         between 7 p.m. and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day,

 

e)         over three hours on a day school is in session,

 

f)         over eight hours per day combining school and work hours,

 

g)         over twenty-four hours in any calendar week when school is in session. (For specific requirements for minors under sixteen appearing in television or motion picture productions, see Sections 250.305 - 250.315, and 250.855).

 

(Source:  Amended at 19 Ill. Reg. 6564, effective May 2, 1995)

 

Section 250.810  Meal Period

 

A violation of Section 4 of the Act shall be charged for each minor during each work period of five or more continuous hours uninterrupted by a thirty (30) minute meal period.

 

Section 250.815  Posting of Hours

 

A violation of Section 5 of the Act shall be charged for each minor employed where employer has failed to post an abstract of the Act and/or a schedule of hours of work and/or meal periods.

 

Section 250.820  Time Record

 

a)         A violation of Section 6 of the Act shall be charged for each minor employed upon whom the employer has failed to keep a register of name, age and place of residence.

 

b)         A violation of Section 250.500c of this Part shall be charged for each minor employed upon whom the employer has failed to keep a record of time starting and ending work, time out and time in after meals, and the daily and weekly totals of hours worked.

 

(Source:  Amended at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.825  Hazardous Occupations

 

A violation of Section 7 of the Act and/or Section 250.210, 250.215, 250.220, 250.235, or 250.240 of this Part, as appropriate, shall be charged for each minor employed in a hazardous occupation.

 

(Source:  Amended at 16 Ill. Reg. 5335, effective March 24, 1992)

 

Section 250.830  Minor Under Sixteen Appearing in Theatrical Productions

 

A violation shall be charged under Section 8 of the Act for each minor employed;

 

a)         for whom an employment certificate has not been issued,

 

b)         that performs in more than two performances in a given day,

 

c)         that participates in excess of eight performances in a given week, or nine when a holiday occurs in that week,

 

d)         that performs without the presence of the parent or guardian or by other appointed person charged with the care of the minor,

 

e)         that performs in excess of six days in a week,

 

f)         that performs in excess of twenty-four (24) hours per week,

 

g)         that fails to attend school as provided by the Illinois School Code,

 

h)         that is not provided proper rest and/or dressing room facilities.

 

(Source:  Amended at 5 Ill. Reg. 902, effective January 23, 1981)

 

Section 250.835  Employment Certificate Required

 

A violation of Section 9 of the Act shall be charged for each minor employed without an employment certificate.

 

Section 250.840  Duties of Employers

 

A violation of Section 13 of the Act shall be charged for each minor for whom the employer is unable to produce an employment certificate.

 

Section 250.845  Violations of Section 250.260 of the Rules and Regulations Pertaining to Employment of Minors as Models

 

A violation of Section 250.260 of this Part shall be charged for each minor for whom an employer has failed to comply with each applicable subsection thereof.

 

(Source:  Amended at 5 Ill. Reg. 902, effective January 23, 1981)

 

Section 250.850  Parent/Guardian Not Present at Performance

 

A violation of Section 250.265 of this Part shall be charged for each minor appearing in a rehearsal or performance during time which the parent or guardian is not present.

 

(Source:  Amended at 5 Ill. Reg. 902, effective January 23, 1981)

 

Section 250.855  Minors Under Sixteen Appearing in Television or Motion Picture Productions

 

A violation shall be charged under Section 8.1 of the Act for each child performer employed:

 

a)         for whom an employment certificate has not been issued;

 

b)         who performs without the presence of the chaperone;

 

c)         who performs in excess of the time limits set forth in Sec. 250.302(a);

 

d)         who performs or makes up school hours in excess of six days in a week;

 

e)         who fails to attend school or receive educational services as required by the Illinois School Code;

 

f)         who is not provided with a 12-hour rest break at the end of the performers work day and prior to the commencement of the child performer's next day of work or school;

 

g)         who is not provided with separate and adequate facilities for rest, schooling and recreation;

 

h)         who is an infant under 15 days old from the date indicated on the child's birth certificate; or

 

i)          who is under one year of age and was born before the 37^th week of the mother's pregnancy.

 

(Source:  Amended at 45 Ill. Reg. 14174, effective November 1, 2021)

 

Section 250.860  Minors:  Athletic or Acrobatic Activity and Stunts

 

It shall be a violation of the Act to require a minor performing in any theatrical, television and/or motion picture production to perform any unusual athletic or acrobatic activity or stunts unless the minor and parent or guardian represent that the minor is capable of performing such activity and the parent or guardian gives prior consent in writing.  Provided no minor shall be required to work in any hazardous situation which places him or her in a clear and present danger to life or limb, regardless of any parental consent.

 

(Source:  Added at 16 Ill. Reg. 5335, effective March 24, 1992)