Rep. Elizabeth Hernandez

Filed: 4/8/2015





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2    AMENDMENT NO. ______. Amend House Bill 1286 by replacing
3everything after the enacting clause with the following:
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 predominantly 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



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1vulnerable workforce in the State. Workforce projections are
2one of growth for domestic workers, but the lack of decent pay
3and other workplace protections undermines the likelihood of
4building and maintaining a reliable and experienced workforce
5that is able to meet the needs of Illinois families. Therefore,
6the General Assembly finds that because domestic workers care
7for the most important elements of Illinoisans' lives, our
8families and our homes, it is in the interest of employees,
9employers, and the people of Illinois to ensure that the rights
10of domestic workers are respected, protected, and enforced and
11that this Act shall be interpreted liberally to aid this
13    Section 10. Definitions. As used in this Act:
14    "Department" means the Department of Labor.
15    "Director" means the Director of Labor and his or her
16authorized representatives.
17    "Domestic work" means:
18        (1) housekeeping;
19        (2) house cleaning;
20        (3) home management;
21        (4) nanny services including childcare and child
22    monitoring;
23        (5) caregiving, personal care or home health services
24    for elderly persons or persons with an illness, injury, or
25    disability who require assistance in caring for



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1    themselves;
2        (6) laundering;
3        (7) cooking;
4        (8) companion services;
5        (9) chauffeuring; or
6        (10) other household services for members of
7    households or their guests in or about a private home or
8    residence or any other location where the domestic work is
9    performed.
10    "Domestic worker" means a person employed to perform
11domestic work. "Domestic worker" does not include: (i) a person
12performing domestic work who is the employer's parent, spouse,
13child, or other member of his or her immediate family,
14exclusive of individuals whose primary work duties are
15caregiving, companion services, personal care or home health
16services for elderly persons or persons with an illness,
17injury, or disability who require assistance in caring for
18themselves; (ii) child and day care home providers
19participating in the child care assistance program under
20Section 9A-11 of the Illinois Public Aid Code; (iii) a person
21who is employed by one or more employers in or about a private
22home or residence or any other location where the domestic work
23is performed for 8 hours or less in the aggregate in any
24workweek on a regular basis, exclusive of individuals whose
25primary work duties are caregiving, companion services,
26personal care or home health services for elderly persons or



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1persons with an illness, injury, or disability who require
2assistance in caring for themselves; or (iv) a person who the
3employer establishes: (A) has been and will continue to be free
4from control and direction over the performance of his or her
5work, both under a contract of service and in fact; (B) is
6engaged in an independently established trade, occupation,
7profession or business; or (C) is deemed a legitimate sole
8proprietor or partnership. A sole proprietor or partnership
9shall be deemed to be legitimate if the employer establishes
11        (1) the sole proprietor or partnership is performing
12    the service free from the direction or control over the
13    means and manner of providing the service, subject only to
14    the right of the employer for whom the service is provided
15    to specify the desired result;
16        (2) the sole proprietor or partnership is not subject
17    to cancellation or destruction upon severance of the
18    relationship with the employer;
19        (3) the sole proprietor or partnership has a
20    substantial investment of capital in the sole
21    proprietorship or partnership beyond ordinary tools and
22    equipment and a personal vehicle;
23        (4) the sole proprietor or partnership owns the capital
24    goods and gains the profits and bears the losses of the
25    sole proprietorship or partnership;
26        (5) the sole proprietor or partnership makes its



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1    services available to the general public on a continuing
2    basis;
3        (6) the sole proprietor or partnership includes
4    services rendered on a Federal Income Tax Schedule as an
5    independent business or profession;
6        (7) the sole proprietor or partnership performs
7    services for the contractor under the sole
8    proprietorship's or partnership's name;
9        (8) when the services being provided require a license
10    or permit, the sole proprietor or partnership obtains and
11    pays for the license or permit in the sole proprietorship's
12    or partnership's name;
13        (9) the sole proprietor or partnership furnishes the
14    tools and equipment necessary to provide the service;
15        (10) if necessary, the sole proprietor or partnership
16    hires its own employees without approval of the employer,
17    pays the employees without reimbursement from the employer
18    and reports the employees' income to the Internal Revenue
19    Service;
20        (11) the employer does not represent the sole
21    proprietorship or partnership as an employee of the
22    employer to the public; and
23        (12) the sole proprietor or partnership has the right
24    to perform similar services for others on whatever basis
25    and whenever it chooses.
26    "Employ" includes to suffer or permit to work.



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1    "Employee" means a domestic worker.
2    "Employer" means: any individual; partnership;
3association; corporation; limited liability company; business
4trust; employment and labor placement agency where wages are
5made directly or indirectly by the agency or business for work
6undertaken by employees under hire to a third party pursuant to
7a contract between the business or agency with the third party;
8the State of Illinois and local governments, or any political
9subdivision of the State or local government, or State or local
10government agency; for which one or more persons is gainfully
11employed, express or implied, whether lawfully or unlawfully
12employed, who employs a domestic worker or who exercises
13control over the domestic worker's wage, remuneration, or other
14compensation, hours of employment, place of employment, or
15working conditions, or whose agent or any other person or group
16of persons acting directly or indirectly in the interest of an
17employer in relation to the employee exercises control over the
18domestic worker's wage, remuneration or other compensation,
19hours of employment, place of employment, or working
21    "Live-in domestic worker" means a domestic worker residing
22on the employer's premises during the tenure of employment for
235 days or more per week on a regular basis, whether or not the
24domestic worker maintains a separate residence.
25    "Work time" means the time during which a domestic worker
26is suffered or permitted to work, whether or not required to do



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1so, and whether or not any physical or mental exertion is
2expended by the domestic worker.
3    Section 15. Work time.
4    (a) An employer shall pay the domestic worker for all work
6    (b) Only a period during which a domestic worker is
7completely relieved from duty and which is long enough to
8enable him or her to use the time effectively for his or her
9own purposes (at least 30 minutes) is not work time, such as a
1030 minute meal period. Periods of shorter duration must be
11counted as work time.
12    (c) 29 CFR 785, Subpart C, the federal regulations
13implementing the Fair Labor Standards Act of 1938, as amended,
14209 U.S.C. 201, et seq., or successor rule, shall govern work
15time as it applies to rest and meal periods, sleep and travel
16time, and the other issues covered by Subpart C. In addition,
17interruptions of periods of free time for live-in domestic
18workers are governed by 29 CFR 552.102, or successor rule.
19    (d) All wages must be paid within 30 days from the date of
20any work time.
21    Section 20. Sleeping facilities; costs.
22    (a) Employers may take appropriate credit for the
23reasonable cost or fair value, as determined by the Department,
24for food, lodging, etc. furnished to the domestic worker. 29



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1CFR 552.100(b), and successor rules, shall govern the
2application of this provision, except that the amount of these
3charges shall not individually nor in the aggregate result in
4the domestic worker earning or receiving less than the minimum
5wage for any work hour.
6    (b) The employer shall provide sleeping quarters that are
7adequate, decent, safe, and sanitary to all domestic workers
8that have sleep time as part of their work schedule, whether or
9not it is counted as work time. All live-in domestic workers
10shall be provided private quarters for sleeping and dressing
11typically used for that purpose, with reasonable access to
12bathroom, kitchen, and laundry facilities. No domestic worker
13shall be required to share a bed.
14    (c) Lodging under this Section must be in a condition that
15is safe, healthful, and fit for occupancy and in compliance
16with terms of a lease, if any, and with the requirements of
17federal, State, and local law.
18    Section 25. Scheduled work time and termination.
19    (a) Employers shall provide at least 2 hours' notice on any
20day the worker is scheduled to work but not required to work.
21    (b) Notwithstanding subsection (a), if an employer does not
22require the domestic worker to report to work for 2 or more
23consecutive scheduled work periods on a temporary basis for any
24reason, such as the employer's vacation, or any other change in
25the work time schedule on a temporary or permanent basis, the



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1employer shall provide to the domestic worker notice at least 7
2days in advance of the first day the worker is not required to
3report to work or there is a change in schedule. In
4circumstances where the change in the work time schedule is not
5foreseeable by the employer, making advance notice impossible,
6notice shall be given as soon as practicable, but not longer
7than 24 hours after the worker was first scheduled for work but
8was not put to work.
9    (c) If an employer terminates a domestic worker, the
10employer shall provide to the domestic worker notice of
11termination at least 14 days in advance of the first day the
12worker is not required to report to work. If such notice is not
13provided to domestic workers who work 20 or more hours in any
14workweek on a regular basis for the terminating employer, the
15employer shall pay the domestic worker 14 days of severance pay
16at the regular rate of pay from the date of termination, to be
17paid no later than the day of termination. If such notice is
18not provided to domestic workers who work more than 8 hours and
19less than 20 hours in any workweek on a regular basis for the
20terminating employer, the employer shall pay the domestic
21worker 7 days of severance pay at the regular rate of pay from
22the date of termination, to be paid no later than the date of
23termination. The amount of severance pay shall be based upon
24the number of work hours per day and days per workweek the
25domestic worker works on a regular basis. Such notice need not
26be given nor severance payment made if an employer makes



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1contributions on behalf of the domestic worker for unemployment
2insurance benefits as required under the Unemployment
3Insurance Act and, if such employer terminates or reduces the
4hours of the domestic worker, the domestic worker is eligible
5for and receives such benefits upon termination or reduction in
6hours. Furthermore, such notice need not be given nor is
7severance pay required under limited and extraordinary
8circumstances, such as when there is probable cause the
9domestic worker has engaged in child or elder abuse as defined
10by Illinois law.
11    (d) Any provision included in a relevant collective
12bargaining agreement supersedes this Section, if applicable.
13    Section 35. Privacy. An employer is not permitted to
14videotape or otherwise record the domestic worker in any of the
15bathrooms, the area where the sleeping accommodations are
16provided while the domestic worker is sleeping, or, in the case
17of a live-in domestic worker, the area. An employer shall not
18unreasonably restrict or interfere with a domestic worker's
19means of private communication, monitor a domestic worker's
20private communications, or take any of the domestic worker's
21documents or other personal effects.
22    Section 40. Recordkeeping requirements.
23    (a) An employer subject to any provision of this Act shall
24make and preserve records in accordance with 29 CFR 516 and



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1552.110, and any successor rule.
2    (b) An employer shall, upon the oral request of a current
3or former employee or his or her representative, make the
4records available for inspection and copying by a current or
5former employee or his or her representative at an agreed upon
6location and time within 7 calendar days after such a request.
7If, however, the employer can reasonably show such deadline
8cannot be met, the employer shall have an additional 7 days to
9comply. An employer may charge a fee for providing a copy of
10such information. The fee shall be limited to the actual cost
11of duplicating the information.
12    (c) In the absence of employer records, a domestic worker
13may not be denied recovery of wages or final compensation on
14the basis that the domestic worker is unable to prove the
15precise extent of uncompensated work or final compensation. If
16an employer requires evidence of hours worked for other
17employers, a sworn statement by the employee stating that he or
18she has performed or is scheduled to perform domestic work for
19more than 8 hours in the aggregate for the relevant workweek
20shall satisfy any documentation requirements of hours worked
21under this Act. An employer that requires evidence of hours
22worked must give the domestic worker written notice of such
23request and allow no less than 10 days or until the next
24scheduled work day, whichever is greater, for the domestic
25worker to comply.



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1    Section 45. Notice and written contract.
2    (a) The Department shall create a sample written notice and
3a sample written contract in English, Spanish, and Polish, and
4shall make the documents available for retrieval at no charge
5from the Department's website. No notice or written contract
6shall limit or diminish the scope of this Act or any rights,
7privileges, or remedies of a domestic worker provided under
8this Act, or under any other local, State, or federal law or
9relevant collective bargaining agreement.
10    (b) An employer shall notify all domestic workers and, upon
11oral request, disclose in writing, the following information,
12when an offer of employment is made to a domestic worker:
13        (1) the starting date, time, and place of employment;
14        (2) the wage rates to be paid, including overtime;
15        (3) the frequency of the payment of wages;
16        (4) the kinds of domestic work for which the domestic
17    worker may be employed;
18        (5) the hours per day, days per week, days of the week
19    that are work days, and period of employment, including any
20    meal breaks and rest periods; where work hours are
21    irregular from day to day or week to week by mutual
22    agreement, an average monthly work schedule may satisfy
23    this requirement;
24        (6) notice and leave policies for both paid and unpaid
25    time off, including involuntary time off for the domestic
26    worker;



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1        (7) changes in scheduled work time, termination and
2    severance pay policies;
3        (8) any employee benefit to be provided, and any costs
4    to be charged for each benefit;
5        (9) any other terms and conditions of employment,
6    including any workplace hazards that may make the domestic
7    worker vulnerable to illnesses and other physical
8    problems;
9        (10) contact information for the employer and the
10    domestic worker to enable the best way to communicate,
11    particularly in the event of an emergency or change in
12    schedule;
13        (11) the employer's contact information, including his
14    or her full name, mailing address, and phone numbers; and
15        (12) any provision included in a relevant collective
16    bargaining agreement, if applicable.
17    (c) If the domestic worker works for one employer more than
188 hours in any workweek on a regular basis, the employer shall
19provide a written contract. The contract shall be presented to
20the domestic worker no later than the first day of employment
21and shall be signed by both the employer and the domestic
22worker within 10 calendar days after the first day of
23employment. A new contract shall be signed when there is a
24material change in the terms of employment. The contract shall
26        (1) the name of the domestic worker and the name of the



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1    employer;
2        (2) the starting date, time, and place of employment;
3        (3) the rate of pay including overtime and additional
4    compensation for added duties or multilingual skills;
5        (4) the frequency of the payment of wages;
6        (5) the hours per day, days per week, days of the week
7    that are work days, and where applicable, meal breaks and
8    rest periods, paid and unpaid time off, vacations and
9    holidays, and any foreseeable changes in work schedule,
10    such as a reduction or increase in hours per week or weeks
11    per month;
12        (6) any benefits the employer provides and any costs
13    the domestic worker is expected to pay associated with
14    those benefits such as health insurance, if any;
15        (7) a description of the living accommodations
16    provided by the employer and policies on vacating the
17    premises;
18        (8) the kinds of domestic work for which the domestic
19    worker may be employed;
20        (9) the process for addressing increasing wages and the
21    process for addressing grievances;
22        (10) the right to privacy as required under Section 35
23    of this Act;
24        (11) changes in scheduled work time, and termination
25    and severance pay policies;
26        (12) the contract period;



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1        (13) the policies for reimbursement for work-related
2    expenses;
3        (14) any other terms and conditions of employment
4    including workplace hazards that may make the domestic
5    worker vulnerable to illnesses and other physical
6    problems;
7        (15) any other rights or benefits afforded to the
8    domestic worker, including State and federal employment
9    taxes paid or to be paid by the employer related to the
10    domestic worker's employment and notice of employment
11    rights in State law;
12        (16) contact information for the employer and the
13    domestic worker to enable the best way to communicate,
14    particularly in the event of an emergency or change in
15    schedule;
16        (17) the employer's contact information, including his
17    or her full name, mailing address, and phone numbers; and
18        (18) any provision included in a relevant collective
19    bargaining agreement, if applicable.
20    If a valid written contract that complies with this Section
21is entered into by an individual domestic worker and an
22employer, the written contract may include an alternative
23reasonable agreement as to certain provisions of this Act, as
24indicated in those Sections, as long as the domestic worker is
25compensated for all work time.



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1    Section 50. Prohibited acts.
2    (a) It is unlawful and a violation of this Act for any
3employer or any other person to discharge, threaten, penalize,
4or in any other manner discriminate, retaliate, or take any
5adverse action against an employee, because the employee or a
6person or organization acting on the employee's behalf:
7        (1) exercises rights or attempts to exercise rights
8    under this Act;
9        (2) opposes practices such employee believes to be in
10    violation of this Act; or
11        (3) supports the exercise of rights under this Act.
12    (b) Exercising rights, opposing practices, or supporting
13the exercise of rights under this Act includes:
14        (1) filing an action or instituting or causing to be
15    instituted any proceeding under or related to this Act;
16        (2) providing or preparing to provide any information
17    in connection with any inquiry or proceeding relating to
18    any right provided under this Act;
19        (3) testifying or preparing to testify in any inquiry
20    or proceeding relating to any right provided under this
21    Act, in a public hearing, or to a community organization;
22    or
23        (4) informing any other person that his or her employer
24    engages in conduct that the employee reasonably and in good
25    faith believes violates any provisions of this Act.
26    (c) An agreement by an employee to waive his or her rights



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1under this Act is void as against public policy. The benefits
2provided to employees under this Act may not be diminished by a
3collective bargaining agreement or an employment benefit
4program or plan entered into or renewed after the effective
5date of this Act.
6    (d) It is unlawful for an employer to interfere with,
7restrain, or deny the exercise of or the attempt to exercise
8any right provided under or in connection with this Act
9including using the taking of paid time off as a negative
10factor in an employment action such as hiring, termination,
11evaluation, promotion, discipline, or counting the paid time
12off under a no-fault attendance policy.
13    Section 55. Enforcement.
14    (a) A domestic worker aggrieved by a violation of this Act
15or any rule adopted under this Act shall be entitled to recover
16any appropriate damages or other relief set forth in subsection
17(b) of this Section in a civil action or through a claim filed
18with the Department. Actions may be brought by one or more
19domestic workers for and on behalf of themselves and other
20domestic workers similarly situated. Any such action shall be
21brought no more than 3 years after the date of the last event
22that constitutes an alleged violation for which the action is
24    (b) A domestic worker aggrieved by a violation of this Act
25or any rule adopted under this Act shall be entitled to



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2        (1) all actual and compensatory damages including the
3    amount of any wages, compensation, or benefits owed or
4    other compensation denied or lost to the person by reason
5    of the violation, with interest at the prevailing rate as
6    is necessary to remedy violations of this Act, as well as
7    punitive damages;
8        (2) any equitable relief as may be appropriate; and
9        (3) reasonable attorney's fees, reasonable expert
10    witness fees, and other costs of the action.
11    (c) Any employer that the Department or a court finds by a
12preponderance of the evidence to have knowingly, repeatedly, or
13with reckless disregard violated any provision of this Act or
14any rule adopted under this Act is subject to civil money
15penalty of (1) up to $250 for each separate offense if the
16other relief imposed under subsection (b) is $1,000 or less or
17(2) a minimum of $250 and up to $3,000 for each separate
18offense if the damages or other relief imposed under subsection
19(b) is more than $1,000. In determining the amount of the
20penalty, the gravity of the violation shall be considered. Any
21assessed penalties are payable to the domestic worker and shall
22include interest at the prevailing rate necessary to remedy
23violations of this Act.
24    (d) Claims filed in circuit court shall be filed in the
25county where the alleged violation occurred or where any
26domestic worker who is a party to this action resides, without



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1regard to exhaustion of remedies provided in this Act.
2    (e) Claims filed under this Act with the Department shall
3be subject to the administrative procedures set forth herein
4and by rule for the enforcement of this Act. For claims brought
5at the same time before the Department under this Act and the
6Minimum Wage Law or the One Day Rest in Seven Act, it shall be
7the decision of the domestic worker whether or not to proceed
8under the administrative enforcement procedures set forth in
9the Minimum Wage Law or the One Day Rest in Seven Act or to
10proceed under the administrative procedures set forth herein
11and by rule for the enforcement of this Act.
12    (f) The Department shall have the power to conduct
13investigations in connection with the administration and
14enforcement of this Act. The Director or his or her
15representative may compel by subpoena, the attendance and
16testimony of witnesses and the production of books, payrolls,
17records, papers, and other evidence in any investigation and
18may administer oaths to witnesses. If, upon investigation, the
19Department finds cause to believe that this Act has been
20violated, the Department shall notify the parties, in writing,
21and the matter shall be referred to an Administrative Law Judge
22to schedule a formal hearing in accordance with hearing
23procedures established by rule.
24    Where the Department has found that an employer has failed
25to pay wages or overtime to an employee as required by the
26Minimum Wage Law, the employee shall be entitled to receive the



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1penalties provided under the Minimum Wage Law.
2    Any employer who has been ordered to pay wages, benefits,
3and other compensation or other relief due under this Act or
4under the Minimum Wage Law or the One Day Rest in Seven Act,
5when the administrative procedures of those Acts have been
6waived as provided in subsection (e), and who fails to seek
7timely review of such an order as provided under this Act and
8who fails to comply within 15 calendar days after such demand
9or within 35 days of an administrative or court order is
10entered shall also be liable to pay a penalty to the Department
11of 20% of the amount found owing. All moneys recovered as fees
12and penalties by the Department under this Act, except those
13owing to the affected employee, shall be deposited into the
14Domestic Workers' Fund, a special fund created in the State
15treasury. Money in the Fund shall be used by the Department for
16administration, investigation, and other expenses incurred in
17carrying out its duties under this Act.
18    A final decision of an Administrative Law Judge issued
19pursuant to this Section is subject to the provisions of the
20Administrative Review Law and shall be enforceable in an action
21brought in the name of the people of the State of Illinois by
22the Attorney General.
23    Section 60. Administrative authority. The Department shall
24administer and enforce this Act. The Director shall adopt rules
25necessary to administer and enforce this Act in accordance with



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1the Illinois Administrative Procedure Act.
2    Section 65. Construction. Nothing in this Act shall be
3construed to affect any policies or practices of an employer
4that provides greater, additional or more generous wages,
5benefits or working conditions to a domestic worker than those
6required under this Act.
7    Section 97. Severability. The provisions of this Act are
8severable under Section 1.31 of the Statute on Statutes.
9    Section 135. The State Finance Act is amended by adding
10Section 5.866 as follows:
11    (30 ILCS 105/5.866 new)
12    Sec. 5.866. The Domestic Workers' Fund.
13    Section 140. The Illinois Human Rights Act is amended by
14changing Section 2-101 as follows:
15    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
16    Sec. 2-101. Definitions. The following definitions are
17applicable strictly in the context of this Article.
18    (A) Employee.
19        (1) "Employee" includes:
20            (a) Any individual performing services for



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1        remuneration within this State for an employer;
2            (b) An apprentice;
3            (c) An applicant for any apprenticeship.
4        For purposes of subsection (D) of Section 2-102 of this
5    Act, "employee" also includes an unpaid intern. An unpaid
6    intern is a person who performs work for an employer under
7    the following circumstances:
8            (i) the employer is not committed to hiring the
9        person performing the work at the conclusion of the
10        intern's tenure;
11            (ii) the employer and the person performing the
12        work agree that the person is not entitled to wages for
13        the work performed; and
14            (iii) the work performed:
15                (I) supplements training given in an
16            educational environment that may enhance the
17            employability of the intern;
18                (II) provides experience for the benefit of
19            the person performing the work;
20                (III) does not displace regular employees;
21                (IV) is performed under the close supervision
22            of existing staff; and
23                (V) provides no immediate advantage to the
24            employer providing the training and may
25            occasionally impede the operations of the
26            employer.



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1        (2) "Employee" does not include:
2            (a) (Blank); Domestic servants in private homes;
3            (b) Individuals employed by persons who are not
4        "employers" as defined by this Act;
5            (c) Elected public officials or the members of
6        their immediate personal staffs;
7            (d) Principal administrative officers of the State
8        or of any political subdivision, municipal corporation
9        or other governmental unit or agency;
10            (e) A person in a vocational rehabilitation
11        facility certified under federal law who has been
12        designated an evaluee, trainee, or work activity
13        client.
14    (B) Employer.
15        (1) "Employer" includes:
16            (a) Any person employing 15 or more employees
17        within Illinois during 20 or more calendar weeks within
18        the calendar year of or preceding the alleged
19        violation;
20            (b) Any person employing one or more employees when
21        a complainant alleges civil rights violation due to
22        unlawful discrimination based upon his or her physical
23        or mental disability unrelated to ability, pregnancy,
24        or sexual harassment;
25            (c) The State and any political subdivision,
26        municipal corporation or other governmental unit or



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1        agency, without regard to the number of employees;
2            (d) Any party to a public contract without regard
3        to the number of employees;
4            (e) A joint apprenticeship or training committee
5        without regard to the number of employees.
6        (2) "Employer" does not include any religious
7    corporation, association, educational institution,
8    society, or non-profit nursing institution conducted by
9    and for those who rely upon treatment by prayer through
10    spiritual means in accordance with the tenets of a
11    recognized church or religious denomination with respect
12    to the employment of individuals of a particular religion
13    to perform work connected with the carrying on by such
14    corporation, association, educational institution, society
15    or non-profit nursing institution of its activities.
16    (C) Employment Agency. "Employment Agency" includes both
17public and private employment agencies and any person, labor
18organization, or labor union having a hiring hall or hiring
19office regularly undertaking, with or without compensation, to
20procure opportunities to work, or to procure, recruit, refer or
21place employees.
22    (D) Labor Organization. "Labor Organization" includes any
23organization, labor union, craft union, or any voluntary
24unincorporated association designed to further the cause of the
25rights of union labor which is constituted for the purpose, in
26whole or in part, of collective bargaining or of dealing with



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1employers concerning grievances, terms or conditions of
2employment, or apprenticeships or applications for
3apprenticeships, or of other mutual aid or protection in
4connection with employment, including apprenticeships or
5applications for apprenticeships.
6    (E) Sexual Harassment. "Sexual harassment" means any
7unwelcome sexual advances or requests for sexual favors or any
8conduct of a sexual nature when (1) submission to such conduct
9is made either explicitly or implicitly a term or condition of
10an individual's employment, (2) submission to or rejection of
11such conduct by an individual is used as the basis for
12employment decisions affecting such individual, or (3) such
13conduct has the purpose or effect of substantially interfering
14with an individual's work performance or creating an
15intimidating, hostile or offensive working environment.
16    (F) Religion. "Religion" with respect to employers
17includes all aspects of religious observance and practice, as
18well as belief, unless an employer demonstrates that he is
19unable to reasonably accommodate an employee's or prospective
20employee's religious observance or practice without undue
21hardship on the conduct of the employer's business.
22    (G) Public Employer. "Public employer" means the State, an
23agency or department thereof, unit of local government, school
24district, instrumentality or political subdivision.
25    (H) Public Employee. "Public employee" means an employee of
26the State, agency or department thereof, unit of local



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1government, school district, instrumentality or political
2subdivision. "Public employee" does not include public
3officers or employees of the General Assembly or agencies
5    (I) Public Officer. "Public officer" means a person who is
6elected to office pursuant to the Constitution or a statute or
7ordinance, or who is appointed to an office which is
8established, and the qualifications and duties of which are
9prescribed, by the Constitution or a statute or ordinance, to
10discharge a public duty for the State, agency or department
11thereof, unit of local government, school district,
12instrumentality or political subdivision.
13    (J) Eligible Bidder. "Eligible bidder" means a person who,
14prior to a bid opening, has filed with the Department a
15properly completed, sworn and currently valid employer report
16form, pursuant to the Department's regulations. The provisions
17of this Article relating to eligible bidders apply only to bids
18on contracts with the State and its departments, agencies,
19boards, and commissions, and the provisions do not apply to
20bids on contracts with units of local government or school
22    (K) Citizenship Status. "Citizenship status" means the
23status of being:
24        (1) a born U.S. citizen;
25        (2) a naturalized U.S. citizen;
26        (3) a U.S. national; or



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1        (4) a person born outside the United States and not a
2    U.S. citizen who is not an unauthorized alien and who is
3    protected from discrimination under the provisions of
4    Section 1324b of Title 8 of the United States Code, as now
5    or hereafter amended.
6(Source: P.A. 97-877, eff. 8-2-12; 98-1037, eff. 1-1-15;
798-1050, eff. 1-1-15; revised 10-3-14.)
8    Section 145. The Minimum Wage Law is amended by changing
9Section 3 as follows:
10    (820 ILCS 105/3)  (from Ch. 48, par. 1003)
11    Sec. 3. As used in this Act:
12    (a) "Director" means the Director of the Department of
13Labor, and "Department" means the Department of Labor.
14    (b) "Wages" means compensation due to an employee by reason
15of his employment, including allowances determined by the
16Director in accordance with the provisions of this Act for
17gratuities and, when furnished by the employer, for meals and
18lodging actually used by the employee.
19    (c) "Employer" includes any individual, partnership,
20association, corporation, limited liability company, business
21trust, governmental or quasi-governmental body, or any person
22or group of persons acting directly or indirectly in the
23interest of an employer in relation to an employee, for which
24one or more persons are gainfully employed on some day within a



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



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



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1    Administrative Code, Part 395 - Hours of Service of
2    Drivers) of the Illinois Vehicle Code.
3    The above exclusions from the term "employee" may be
4further defined by regulations of the Director.
5    (e) "Occupation" means an industry, trade, business or
6class of work in which employees are gainfully employed.
7    (f) "Gratuities" means voluntary monetary contributions to
8an employee from a guest, patron or customer in connection with
9services rendered.
10    (g) "Outside salesman" means an employee regularly engaged
11in making sales or obtaining orders or contracts for services
12where a major portion of such duties are performed away from
13his employer's place of business.
14    (h) "Day camp" means a seasonal recreation program in
15operation for no more than 16 weeks intermittently throughout
16the calendar year, accommodating for profit or under
17philanthropic or charitable auspices, 5 or more children under
1818 years of age, not including overnight programs. The term
19"day camp" does not include a "day care agency", "child care
20facility" or "foster family home" as licensed by the Illinois
21Department of Children and Family Services.
22(Source: P.A. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)
23    Section 150. The Wages of Women and Minors Act is amended
24by changing Section 1 as follows:



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1    (820 ILCS 125/1)  (from Ch. 48, par. 198.1)
2    Sec. 1. As used in this Act:
3    "Department" means the Department of Labor.
4    "Director" means the Director of the Department of Labor.
5    "Wage Board" means a board created as provided in this Act.
6    "Woman" means a female of 18 years or over.
7    "Minor" means a person under the age of 18 years.
8    "Occupation" means an industry, trade or business or branch
9thereof or class of work therein in which women or minors are
10gainfully employed, but does not include domestic service in
11the home of the employer or labor on a farm.
12    "An oppressive and unreasonable wage" means a wage which is
13both less than the fair and reasonable value of the services
14rendered and less than sufficient to meet the minimum cost of
15living necessary for health.
16    "A fair wage" means a wage fairly and reasonably
17commensurate with the value of the services or class of service
18rendered. In establishing a minimum fair wage for any service
19or class of service under this Act the Department and the wage
20board without being bound by any technical rules of evidence or
21procedure (1) may take into account all relevant circumstances
22affecting the value of the service or class of service
23rendered, and (2) may be guided by like considerations as would
24guide a court in a suit for the reasonable value of services
25rendered where services are rendered at the request of an
26employer without contract as to the amount of the wage to be



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1paid, and (3) may consider the wages paid in the State for work
2of like or comparable character by employers who voluntarily
3maintain minimum fair wage standards.
4    "A directory order" means an order the nonobservance of
5which may be published as provided in Section 9 of this Act.
6    "A mandatory order" means an order the violation of which
7is subject to the penalties prescribed in paragraph 2 of
8Section 15 of this Act.
9(Source: P.A. 91-357, eff. 7-29-99.)
10    Section 155. The One Day Rest In Seven Act is amended by
11changing Section 2 as follows:
12    (820 ILCS 140/2)  (from Ch. 48, par. 8b)
13    Sec. 2. Hours and days of rest in every calendar week.
14    (a) Every employer shall allow every employee except those
15specified in this Section at least twenty-four consecutive
16hours of rest in every calendar week in addition to the regular
17period of rest allowed at the close of each working day.
18    A person employed as a domestic worker, as defined in
19Section 10 of the Domestic Workers' Bill of Rights Act, shall
20be allowed at least 24 consecutive hours of rest in every
21calendar week. This subsection (a) does not prohibit a domestic
22worker from voluntarily agreeing to work on such day of rest
23required by this subsection (a) if the worker is compensated at
24the overtime rate for all hours worked on such day of rest. The



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1day of rest authorized under this subsection (a) should,
2whenever possible, coincide with the traditional day reserved
3by the domestic worker for religious worship.
4    (b) Subsection (a) This Section does not apply to the
6    (1) Part-time employees whose total work hours for one
7employer during a calendar week do not exceed 20; and
8    (2) Employees needed in case of breakdown of machinery or
9equipment or other emergency requiring the immediate services
10of experienced and competent labor to prevent injury to person,
11damage to property, or suspension of necessary operation; and
12    (3) Employees employed in agriculture or coal mining; and
13    (4) Employees engaged in the occupation of canning and
14processing perishable agricultural products, if such employees
15are employed by an employer in such occupation on a seasonal
16basis and for not more than 20 weeks during any calendar year
17or 12 month period; and
18    (5) Employees employed as watchmen or security guards; and
19    (6) Employees who are employed in a bonafide executive,
20administrative, or professional capacity or in the capacity of
21an outside salesman, as defined in Section 12 (a) (1) of the
22federal Fair Labor Standards Act, as amended, and those
23employed as supervisors as defined in Section 2 (11) of the
24National Labor Relations Act, as amended; and
25    (7) Employees who are employed as crew members of any
26uninspected towing vessel, as defined by Section 2101(40) of



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1Title 46 of the United States Code, operating in any navigable
2waters in or along the boundaries of the State of Illinois.
3(Source: P.A. 92-623, eff. 7-11-02.)
4    Section 999. Effective date. This Act takes effect upon
5becoming law.".