Illinois General Assembly - Full Text of HB1288
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Full Text of HB1288  99th General Assembly



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1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Domestic Workers' Bill of Rights Act.
6    Section 5. Purpose and findings. Domestic workers play a
7critical role in Illinois' economy, working to ensure the
8health and prosperity of Illinois families and freeing others
9to participate in the workforce. Despite the value of their
10work, domestic workers have historically been excluded from the
11protections under State law extended to workers in other
12industries. Domestic workers are 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
17vulnerable workforce in the State. Workforce projections are
18one of growth for domestic workers, but the lack of decent pay
19and other workplace protections undermines the likelihood of
20building and maintaining a reliable and experienced workforce
21that is able to meet the needs of Illinois families. Therefore,
22the General Assembly finds that because domestic workers care
23for the most important elements of Illinoisans' lives, our



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1families and our homes, it is in the interest of employees,
2employers, and the people of Illinois to ensure that the rights
3of domestic workers are respected, protected, and enforced and
4that this Act shall be interpreted liberally to aid this
6    Section 10. Definitions. As used in this Act:
7    "Domestic work" means:
8        (1) housekeeping;
9        (2) house cleaning;
10        (3) home management;
11        (4) nanny services including childcare and child
12    monitoring;
13        (5) caregiving, personal care or home health services
14    for elderly persons or persons with an illness, injury, or
15    disability who require assistance in caring for
16    themselves;
17        (6) laundering;
18        (7) cooking;
19        (8) companion services;
20        (9) chauffeuring; or
21        (10) other household services for members of
22    households or their guests in or about a private home or
23    residence or any other location where the domestic work is
24    performed.
25    "Domestic worker" means a person employed to perform



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1domestic work. "Domestic worker" does not include: (i) a person
2performing domestic work who is the employer's parent, spouse,
3child, or other member of his or her immediate family,
4exclusive of individuals whose primary work duties are
5caregiving, companion services, personal care or home health
6services for elderly persons or persons with an illness,
7injury, or disability who require assistance in caring for
8themselves; (ii) child and day care home providers
9participating in the child care assistance program under
10Section 9A-11 of the Illinois Public Aid Code; (iii) a person
11who is employed by one or more employers in or about a private
12home or residence or any other location where the domestic work
13is performed for 8 hours or less in the aggregate in any
14workweek on a regular basis, exclusive of individuals whose
15primary work duties are caregiving, companion services,
16personal care or home health services for elderly persons or
17persons with an illness, injury, or disability who require
18assistance in caring for themselves; or (iv) a person who the
19employer establishes: (A) has been and will continue to be free
20from control and direction over the performance of his or her
21work, both under a contract of service and in fact; (B) is
22engaged in an independently established trade, occupation,
23profession or business; or (C) is deemed a legitimate sole
24proprietor or partnership. A sole proprietor or partnership
25shall be deemed to be legitimate if the employer establishes



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1        (1) the sole proprietor or partnership is performing
2    the service free from the direction or control over the
3    means and manner of providing the service, subject only to
4    the right of the employer for whom the service is provided
5    to specify the desired result;
6        (2) the sole proprietor or partnership is not subject
7    to cancellation or destruction upon severance of the
8    relationship with the employer;
9        (3) the sole proprietor or partnership has a
10    substantial investment of capital in the sole
11    proprietorship or partnership beyond ordinary tools and
12    equipment and a personal vehicle;
13        (4) the sole proprietor or partnership owns the capital
14    goods and gains the profits and bears the losses of the
15    sole proprietorship or partnership;
16        (5) the sole proprietor or partnership makes its
17    services available to the general public on a continuing
18    basis;
19        (6) the sole proprietor or partnership includes
20    services rendered on a Federal Income Tax Schedule as an
21    independent business or profession;
22        (7) the sole proprietor or partnership performs
23    services for the contractor under the sole
24    proprietorship's or partnership's name;
25        (8) when the services being provided require a license
26    or permit, the sole proprietor or partnership obtains and



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1    pays for the license or permit in the sole proprietorship's
2    or partnership's name;
3        (9) the sole proprietor or partnership furnishes the
4    tools and equipment necessary to provide the service;
5        (10) if necessary, the sole proprietor or partnership
6    hires its own employees without approval of the employer,
7    pays the employees without reimbursement from the employer
8    and reports the employees' income to the Internal Revenue
9    Service;
10        (11) the employer does not represent the sole
11    proprietorship or partnership as an employee of the
12    employer to the public; and
13        (12) the sole proprietor or partnership has the right
14    to perform similar services for others on whatever basis
15    and whenever it chooses.
16    "Employ" includes to suffer or permit to work.
17    "Employee" means a domestic worker.
18    "Employer" means: any individual; partnership;
19association; corporation; limited liability company; business
20trust; employment and labor placement agency where wages are
21made directly or indirectly by the agency or business for work
22undertaken by employees under hire to a third party pursuant to
23a contract between the business or agency with the third party;
24the State of Illinois and local governments, or any political
25subdivision of the State or local government, or State or local
26government agency; for which one or more persons is gainfully



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1employed, express or implied, whether lawfully or unlawfully
2employed, who employs a domestic worker or who exercises
3control over the domestic worker's wage, remuneration, or other
4compensation, hours of employment, place of employment, or
5working conditions, or whose agent or any other person or group
6of persons acting directly or indirectly in the interest of an
7employer in relation to the employee exercises control over the
8domestic worker's wage, remuneration or other compensation,
9hours of employment, place of employment, or working
11    Section 90. Severability. The provisions of this Act are
12severable under Section 1.31 of the Statute on Statutes.
13    Section 92. 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
21        remuneration within this State for an employer;
22            (b) An apprentice;
23            (c) An applicant for any apprenticeship.



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



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1        "employers" as defined by this Act;
2            (c) Elected public officials or the members of
3        their immediate personal staffs;
4            (d) Principal administrative officers of the State
5        or of any political subdivision, municipal corporation
6        or other governmental unit or agency;
7            (e) A person in a vocational rehabilitation
8        facility certified under federal law who has been
9        designated an evaluee, trainee, or work activity
10        client.
11    (B) Employer.
12        (1) "Employer" includes:
13            (a) Any person employing 15 or more employees
14        within Illinois during 20 or more calendar weeks within
15        the calendar year of or preceding the alleged
16        violation;
17            (b) Any person employing one or more employees when
18        a complainant alleges civil rights violation due to
19        unlawful discrimination based upon his or her physical
20        or mental disability unrelated to ability, pregnancy,
21        or sexual harassment;
22            (c) The State and any political subdivision,
23        municipal corporation or other governmental unit or
24        agency, without regard to the number of employees;
25            (d) Any party to a public contract without regard
26        to the number of employees;



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



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1connection with employment, including apprenticeships or
2applications for apprenticeships.
3    (E) Sexual Harassment. "Sexual harassment" means any
4unwelcome sexual advances or requests for sexual favors or any
5conduct of a sexual nature when (1) submission to such conduct
6is made either explicitly or implicitly a term or condition of
7an individual's employment, (2) submission to or rejection of
8such conduct by an individual is used as the basis for
9employment decisions affecting such individual, or (3) such
10conduct has the purpose or effect of substantially interfering
11with an individual's work performance or creating an
12intimidating, hostile or offensive working environment.
13    (F) Religion. "Religion" with respect to employers
14includes all aspects of religious observance and practice, as
15well as belief, unless an employer demonstrates that he is
16unable to reasonably accommodate an employee's or prospective
17employee's religious observance or practice without undue
18hardship on the conduct of the employer's business.
19    (G) Public Employer. "Public employer" means the State, an
20agency or department thereof, unit of local government, school
21district, instrumentality or political subdivision.
22    (H) Public Employee. "Public employee" means an employee of
23the State, agency or department thereof, unit of local
24government, school district, instrumentality or political
25subdivision. "Public employee" does not include public
26officers or employees of the General Assembly or agencies



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2    (I) Public Officer. "Public officer" means a person who is
3elected to office pursuant to the Constitution or a statute or
4ordinance, or who is appointed to an office which is
5established, and the qualifications and duties of which are
6prescribed, by the Constitution or a statute or ordinance, to
7discharge a public duty for the State, agency or department
8thereof, unit of local government, school district,
9instrumentality or political subdivision.
10    (J) Eligible Bidder. "Eligible bidder" means a person who,
11prior to a bid opening, has filed with the Department a
12properly completed, sworn and currently valid employer report
13form, pursuant to the Department's regulations. The provisions
14of this Article relating to eligible bidders apply only to bids
15on contracts with the State and its departments, agencies,
16boards, and commissions, and the provisions do not apply to
17bids on contracts with units of local government or school
19    (K) Citizenship Status. "Citizenship status" means the
20status of being:
21        (1) a born U.S. citizen;
22        (2) a naturalized U.S. citizen;
23        (3) a U.S. national; or
24        (4) a person born outside the United States and not a
25    U.S. citizen who is not an unauthorized alien and who is
26    protected from discrimination under the provisions of



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1    Section 1324b of Title 8 of the United States Code, as now
2    or hereafter amended.
3(Source: P.A. 97-877, eff. 8-2-12; 98-1037, eff. 1-1-15;
498-1050, eff. 1-1-15; revised 10-3-14.)
5    Section 93. The Minimum Wage Law is amended by changing
6Section 3 as follows:
7    (820 ILCS 105/3)  (from Ch. 48, par. 1003)
8    Sec. 3. As used in this Act:
9    (a) "Director" means the Director of the Department of
10Labor, and "Department" means the Department of Labor.
11    (b) "Wages" means compensation due to an employee by reason
12of his employment, including allowances determined by the
13Director in accordance with the provisions of this Act for
14gratuities and, when furnished by the employer, for meals and
15lodging actually used by the employee.
16    (c) "Employer" includes any individual, partnership,
17association, corporation, limited liability company, business
18trust, governmental or quasi-governmental body, or any person
19or group of persons acting directly or indirectly in the
20interest of an employer in relation to an employee, for which
21one or more persons are gainfully employed on some day within a
22calendar year. An employer is subject to this Act in a calendar
23year on and after the first day in such calendar year in which
24he employs one or more persons, and for the following calendar



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



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



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1further defined by regulations of the Director.
2    (e) "Occupation" means an industry, trade, business or
3class of work in which employees are gainfully employed.
4    (f) "Gratuities" means voluntary monetary contributions to
5an employee from a guest, patron or customer in connection with
6services rendered.
7    (g) "Outside salesman" means an employee regularly engaged
8in making sales or obtaining orders or contracts for services
9where a major portion of such duties are performed away from
10his employer's place of business.
11    (h) "Day camp" means a seasonal recreation program in
12operation for no more than 16 weeks intermittently throughout
13the calendar year, accommodating for profit or under
14philanthropic or charitable auspices, 5 or more children under
1518 years of age, not including overnight programs. The term
16"day camp" does not include a "day care agency", "child care
17facility" or "foster family home" as licensed by the Illinois
18Department of Children and Family Services.
19(Source: P.A. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)
20    Section 94. The Wages of Women and Minors Act is amended by
21changing Section 1 as follows:
22    (820 ILCS 125/1)  (from Ch. 48, par. 198.1)
23    Sec. 1. As used in this Act:
24    "Department" means the Department of Labor.



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



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1    "A directory order" means an order the nonobservance of
2which may be published as provided in Section 9 of this Act.
3    "A mandatory order" means an order the violation of which
4is subject to the penalties prescribed in paragraph 2 of
5Section 15 of this Act.
6(Source: P.A. 91-357, eff. 7-29-99.)
7    Section 95. The One Day Rest In Seven Act is amended by
8changing Section 2 as follows:
9    (820 ILCS 140/2)  (from Ch. 48, par. 8b)
10    Sec. 2. Hours and days of rest in every calendar week.
11    (a) Every employer shall allow every employee except those
12specified in this Section at least twenty-four consecutive
13hours of rest in every calendar week in addition to the regular
14period of rest allowed at the close of each working day.
15    A person employed as a domestic worker, as defined in
16Section 10 of the Domestic Workers' Bill of Rights Act, shall
17be allowed at least 24 consecutive hours of rest in every
18calendar week. This subsection (a) does not prohibit a domestic
19worker from voluntarily agreeing to work on such day of rest
20required by this subsection (a) if the worker is compensated at
21the overtime rate for all hours worked on such day of rest. The
22day of rest authorized under this subsection (a) should,
23whenever possible, coincide with the traditional day reserved
24by the domestic worker for religious worship.



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



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1    uninspected towing vessel, as defined by Section 2101(40)
2    of Title 46 of the United States Code, operating in any
3    navigable waters in or along the boundaries of the State of
4    Illinois.
5(Source: P.A. 92-623, eff. 7-11-02.)
6    Section 99. Effective date. This Act takes effect January
71, 2017.