(820 ILCS 205/1)
(from Ch. 48, par. 31.1)
No minor under 16 years of age, except minors 14 or 15
years of age who are participating in federally funded work experience
career education programs under the direction of the State Board of
Education, at any time shall be employed, permitted or allowed to work
in any gainful occupation in connection with any theater, concert hall
or place of amusement, or any mercantile institution, store, office,
hotel, laundry, manufacturing establishment, mill, cannery, factory or
workshop, restaurant, lunchroom, beauty parlor, barber shop, bakery, or coal, brick
or lumber yard, or in any type of construction work
within this State; however, minors between 14 and 16 years of age
may be employed, permitted, or allowed to work outside school hours and
during school vacations but not in dangerous or hazardous factory work
or in any occupation otherwise prohibited by law or by order or
regulation made in pursuance of law. No minor under 12 years of age,
except members of the farmer's own family who live with the
farmer at his
principal place of residence, at any time shall be employed, permitted
or allowed to work in any gainful occupation in connection with
agriculture, except that any minor of 10 years of age or more may be
permitted to work in a gainful occupation in connection with agriculture
during school vacations or outside of school hours.
(Source: P.A. 91-357, eff. 7-29-99.)
(820 ILCS 205/2.5)
Officiating youth activities.
Nothing in this Act
minor who is 12 or 13 years of age from officiating youth sports activities
not-for-profit youth club, park district, or municipal parks and recreation
department if each of the following restrictions is met:
(1) The parent or guardian of the minor who is
officiating or an adult designated by the parent or guardian shall be responsible for being present at the youth sports activity while the minor is officiating. Failure of the parent or guardian or designated adult to be present may result in the revocation of the employment certificate.
(2) The employer must obtain certification as
provided for in Section 9 of this Act.
(3) The minor may work as a sports official for a
maximum of 3 hours per day on school days and a maximum of 4 hours per day on non-school days, may not exceed 10 hours of officiating in any week, and may not work later than 9 p.m.
(4) The participants in the youth sports activity
must be at least 3 years younger than the officiating minor, or an adult must be officiating the same youth sports activity. For the purposes of this subdivision (4), "adult" means an individual 16 years of age or older.
(Source: P.A. 92-592, eff. 6-27-02; 93-720, eff. 7-13-04.)
(820 ILCS 205/7)
(from Ch. 48, par. 31.7)
No minor under 16 years of age shall be employed,
permitted or allowed to work:
1. In, about or in connection with any public
messenger or delivery service, bowling alley, pool room, billiard room, skating rink, exhibition park or place of amusement, garage, or as a bell-boy in any hotel or rooming house or about or in connection with power-driven machinery; except this subsection shall not apply to ice skating rinks owned and operated by a school or unit of local government;
2. In the oiling, cleaning or wiping of machinery or
3. In or about any mine or quarry; provided that
office and messenger and other non-hazardous employment shall not be prohibited by this Act;
4. In stone cutting or polishing;
5. In or about any hazardous factory work;
6. In or about any plant manufacturing explosives or
articles containing explosive components, or in the use or transportation of same; provided that office and messenger and other non-hazardous employment shall not be prohibited by this Act;
7. In or about plants manufacturing iron or steel,
ore reduction works, smelters, foundries, forging shops, hot rolling mills or any other place in which the heating, melting, or heat treatment of metals is carried on; provided that office and messenger and other non-hazardous employment shall not be prohibited by this Act;
8. In the operation of machinery used in the cold
rolling of heavy metal stock, or in the operation of power-driven punching, shearing, stamping, or metal plate bending machines;
9. In or about sawmills or lath, shingle, or
cooperage-stock mills; provided that office and messenger and other non-hazardous employment shall not be prohibited by this Act;
10. In the operation of power-driven woodworking
machines, or off-bearing from circular saws;
11. In the operation of freight elevators or hoisting
12. In spray painting or in occupations involving
exposure to lead or its compounds or to dangerous or poisonous dyes or chemicals;
13. In any place or establishment in which
intoxicating alcoholic liquors are served or sold for consumption on the premises, or in which such liquors are manufactured or bottled, except as follows:
(A) bus-boy and kitchen employment, not otherwise
prohibited, when in connection with the service of meals at any private club, fraternal organization or veteran's organization shall not be prohibited by this subsection;
(B) this subsection 13 does not apply to
employment that is performed on property owned or operated by a park district, as defined in subsection (a) of Section 1-3 of the Park District Code, if the employment is not otherwise prohibited by law;
14. In oil refineries, gasoline blending plants, or
pumping stations on oil transmission lines;
15. In the operation of laundry, dry cleaning, or
16. In occupations involving exposure to radioactive
17. In or about any filling station or service
18. In construction work, including demolition and
19. In roofing operations;
20. In excavating operations;
21. In logging operations;
22. In public and private utilities and related
23. In operations in or in connection with
slaughtering, meat packing, poultry processing, and fish and seafood processing;
24. In operations which involve working on an
elevated surface, with or without use of equipment, including but not limited to ladders and scaffolds;
25. In security positions or any occupations that
require the use or carrying of a firearm or other weapon; or
26. In occupations which involve the handling or
storage of human blood, human blood products, human body fluids, or human body tissues.
(Source: P.A. 95-180, eff. 1-1-08.)
(820 ILCS 205/8)
(from Ch. 48, par. 31.8)
Authority to issue employment certificates.
(a) Notwithstanding the provisions of this Act, the City or County
Superintendent of Schools, or their duly authorized agents, are authorized
to issue an employment certificate for any minor under sixteen (16) years
of age, said certificate authorizing and permitting the appearance of such
minor in a play or musical comedy with a professional traveling theatrical
production on the stage of a duly licensed theatre wherein not more than
two performances are given in any one day and not more than eight
performances are given in any one week, or nine when a holiday occurs
during the week, or in a musical recital or concert: Provided, that such
minor is accompanied by his parent or guardian or by a person in whose care
the parent or guardian has placed the minor and whose connection with the
performance or with the operation of the theatre in which the minor is to
appear is limited to the care of such minor or of minors appearing therein:
And provided further, that such minor shall not appear on said stage or in
a musical recital or concert, attend rehearsals, or be present in
connection with such appearance or rehearsals, in the theatre where the
play or musical comedy is produced or in the place where the concert or
recital is given, for more than a total of six (6) hours in any one day, or
on more than six (6) days in any one week, or for more than a total of
twenty-four (24) hours in any one week, or after the hour of 11
postmeridian; and provided further, no such minor shall be excused from
attending school except as authorized pursuant to Section 26-1 of the
School Code. Application for such certificate shall be made by the
manager of the theatre, or by the person in the district responsible for
the musical recital or concert, and by the parent or guardian of such minor
to the City or County Superintendent of Schools or his authorized agent at
least fourteen (14) days in advance of such appearance. The City or County
Superintendent of Schools or his agent may issue a permit if satisfied that
adequate provision has been made for the educational instruction of such
minor, for safeguarding his health and for the proper moral supervision of
such minor, and that proper rest and dressing room facilities are provided
in the theatre for such minor.
(b) Notwithstanding the provisions of this Act, the City or Regional
Superintendent of Schools, or their duly authorized agents, are authorized
to issue an employment certificate for any minor under 16 years of age,
such certificate authorizing and permitting the appearance of such minor as
a model or in a motion picture, radio or television production: Provided,
that no such minor shall be excused from attending school except as
authorized pursuant to Section 26-1 of The School Code. The Department of
Labor shall promulgate rules and regulations to carry out the provisions of
this subsection. Such rules and regulations shall be designed to protect
the health and welfare of child models or actors and to insure that the
conditions under which minors are employed, used or exhibited will not
impair their health, welfare, development or proper education.
(c) In situations where a minor from another state seeks to obtain an Illinois employment certificate, the Department shall work with a City or Regional Superintendent of Schools, or the State Superintendent of Education, or his or her duly authorized agents, to issue the certificate. The Superintendent may waive the requirement in Section 12 of this Act that a minor submit his or her application in person, if the minor resides in another state.
(Source: P.A. 96-1247, eff. 7-23-10.)
(820 ILCS 205/12)
(from Ch. 48, par. 31.12)
The person authorized to issue employment certificates shall
issue a certificate only after examining and approving the
written application and other papers required under this Section. The
application shall be signed by the applicant's parent or legal guardian. The
application shall be submitted in person by the minor desiring employment. The
minor shall be accompanied by his or
her parent, guardian, or custodian. The following papers shall be submitted
with the application:
1. A statement of intention to employ signed by the prospective
employer, or by someone duly authorized by him, setting forth the
specific nature of the occupation in which he intends to employ such
minor and the exact hours of the day and number of hours per day and
days per week during which the minor shall be employed.
2. Evidence of age showing that the minor is of the age required by
this Act, which evidence shall be documentary, and shall be required in
the order designated, as follows:
a. a birth certificate or transcript thereof
furnished by the State or County or a signed statement of the recorded date and place of birth issued by a registrar of vital records, or other officer charged with the duty of recording births, such registration having been completed within 10 years after the date of birth;
b. a certificate of baptism, or transcript thereof,
duly certified, showing the date of birth and place of baptism of the child;
c. other documentary proof of age (other than a
school record or an affidavit of age) such as a bona fide record of the date and place of the child's birth, kept in the Bible in which the records of births, marriages and deaths in the family of the child are preserved; a certificate of confirmation or other church ceremony at least one year old, showing the age of the child and the date and place of the confirmation or ceremony; or a certificate of arrival in the United States, issued by the United States Immigration Officer, showing the age of the child; or a life insurance policy at least one year old showing the age of the child;
d. If none of the proofs of age described in items a,
b and c are obtainable, and only in that case, the issuing officer may accept a certificate signed by a physician, who shall be a public health officer or a public school physician, stating that he has examined the child and that in his opinion the child is at least of the age required by this Act. The certificate shall show the height and weight of the child, the condition of the child's teeth, and any other facts concerning the child's physical development revealed by the examination and upon which his opinion as to the child's age is based, and shall be accompanied by a school record of age.
3. A statement on a form approved by the Department of Labor and signed
by the principal of the school that the minor attends, or during school
holidays when the principal is not available, then by the regional
superintendent of schools or by a person designated by him for that
purpose, showing the minor's name, address, social security number, grade
last completed, and the
names of his parents, provided that the statement shall be required only in
the case of a minor who is employed on school days outside school hours, or
on Saturdays or other school holidays during the school term.
4. A statement of physical fitness signed by a public health or
public school physician who has examined the minor, certifying that the
minor is physically fit to be employed in all legal occupations or to be
employed in legal occupations under limitations specified. If the
statement of physical fitness is limited, the employment certificate
issued thereon shall state clearly the limitations upon its use, and
shall be valid only when used under the limitations so stated.
In any case where the physician deems it advisable he
may issue a certificate of physical fitness for a specified period of time,
at the expiration of which the person for whom it was issued shall appear
and be re-examined before being permitted to continue work.
Examinations shall be made in accordance with the standards and
procedures prescribed by the State Director of the Department of Labor, in
consultation with the State Director of the Department of Public Health and
the State Superintendent of Education, and shall be recorded on a form
furnished by the Department of Labor. When made by public health or public
school physicians, the examination shall be made without charge to the
minor. In case a public health or public school physician is not
available, a statement from a private physician who has examined the minor
may be accepted, provided that the examination is made in accordance with
the standards and procedures established by the Department of Labor.
If the issuing officer refuses to issue a certificate to a minor, the
issuing officer shall send to the principal of the school last attended by
the minor the name and address of the minor and the reason for the refusal
to issue the certificate.
(Source: P.A. 87-895; 88-365.)
(820 ILCS 205/12.5)
Child performers; trust fund.
(a) In this Section:
"Artistic or creative services" includes, but is not limited to, services as: an actor, actress, dancer, musician, comedian, singer, stunt person, voice-over artist, runway or print model, other performer or entertainer, songwriter, musical producer, arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer.
"Child performer" means an unemancipated person under the age of 16 who is employed in this State and who agrees to render artistic or creative services.
(b) In addition to the requirements of Section 12, the person authorized to issue employment certificates must determine that a trust account, established by the child performer's parent or guardian, that meets the requirements of subsection (c) has been established designating the minor as the beneficiary of the trust account before an employment certificate for work as a child performer may be issued for a minor under the age of 16 years. The person authorized to issue employment certificates shall issue a temporary employment certificate having a duration of not more than 15 days without the establishment of a trust fund to permit a minor to provide artistic or creative services. No more than one temporary employment certificate may be issued for each child performer. The Department of Labor shall prescribe the form in which temporary employment certificates shall be issued and shall make the forms available on its website.
(c) A trust account subject to this Section must provide, at a minimum, the following:
(1) that at least 15% of the gross earnings of the
child performer shall be deposited into the account;
(2) that the funds in the account shall be available
only to the child performer;
(3) that the account shall be held by a bank,
corporate fiduciary, or trust company, as those terms are defined in the Corporate Fiduciary Act;
(4) that the funds in the account shall become
available to the child performer upon the child performer attaining the age of 18 years or until the child performer is declared emancipated; and
(5) that the account meets the requirements of the
Illinois Uniform Transfers to Minors Act.
(d) The parent or guardian of the child performer shall provide the employer with the information necessary to transfer moneys into the trust account. Once the child performer's employer deposits the money into the trust account, the child performer's employer shall have no further obligation or duty to monitor or account for the money. The trustee or trustees of the trust shall be the only individual, individuals, entity, or entities with the obligation or duty to monitor and account for money once it has been deposited by the child performer's employer.
(e) If the parent or guardian of the child performer fails to provide the employer with the information necessary to transfer funds into the trust account within 30 days after an employment certificate has been issued, the funds that were to be transferred to the trust account shall be transferred to the Office of the State Treasurer in accordance with Section 15-608 of the Revised Uniform Unclaimed Property Act.
(f) This Section does not apply to an employer of a child performer employed to perform services as an extra, services as a background performer, or services in a similar capacity.
(g) The Department of Labor may adopt rules to implement this Section.
(Source: P.A. 101-526, eff. 1-1-20
(820 ILCS 205/17.3)
(from Ch. 48, par. 31.17-3)
Any employer who violates any of the provisions of this
Act or any rule or regulation issued under the Act shall be subject to a
civil penalty of not to exceed $5,000 for each such violation. In
determining the amount of such penalty, the appropriateness of such
penalty to the size of the business of the employer charged and the
gravity of the violation shall be considered. The amount of such
penalty, when finally determined, may be
(1) recovered in a civil action brought by the
Director of Labor in any circuit court, in which litigation the Director of Labor shall be represented by the Attorney General;
(2) ordered by the court, in an action brought for
violation under Section 19, to be paid to the Director of Labor.
Any administrative determination by the Department of Labor of the
amount of each penalty shall be final unless reviewed as provided in
Section 17.1 of this Act.
Civil penalties recovered under this Section shall be paid into the
Child Labor and Day and Temporary Labor Services Enforcement Fund, a special fund
created in the
State treasury. Moneys in the Fund may be used,
appropriation, for exemplary programs, demonstration projects, and other
activities or purposes related to the enforcement of this Act or for the
activities or purposes related to the enforcement of the Day and Temporary
Labor Services Act, or for the activities or purposes related to the enforcement of the Private Employment Agency Act.
(Source: P.A. 98-463, eff. 8-16-13; 99-422, eff. 1-1-16