TITLE 56: LABOR AND EMPLOYMENT
CHAPTER I: DEPARTMENT OF LABOR
SUBCHAPTER b: REGULATION OF WORKING CONDITIONS
PART 250 ILLINOIS CHILD LABOR LAW
SECTION 250.105 DEFINITIONS


 

Section 250.105  Definitions

 

            "Agriculture" means farming in all of its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodity (including commodities defined as agricultural commodities in Section 15(g) of the U.S. Agricultural Marketing Act as amended (12 U.S.C. 1141 et seq.)), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage, or to market, or to carriers for transportation to market.  The phrase "incident to or in conjunction with" shall not include construction, by a private contractor, of farm buildings on a farm.

 

            "Day" means a calendar day.

 

            "Department of Labor" and "Department" shall mean the Illinois Department of Labor, its Director, and his/her authorized representatives.

 

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

 

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

 

            "Enterprise" means an activity as defined by Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(r) and (s)).

 

            "Filling Station or Service Station":  the phrase "in or about any filling station or service station" shall include those areas used for convenience and/or grocery stores at a filling station or service station.

 

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

 

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

 

            "Minor" means children that have not attained their sixteenth birthday.  For the purpose of this Act, a person attaining their sixteenth birthday shall no longer be considered a minor.

 

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

 

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

 

            "Suffer" means to tolerate, allow or permit to perform an act of working.

 

            "Television, motion picture, or related entertainment production", as used in Section 8.1(b) of the Act, means films, videotape or television programming of theatrical, commercial, or documentary presentations viewed by a member of the general public in a theater or on a television screen.

 

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

 

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

 

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

 

(Source:  Amended at 20 Ill. Reg. 6449, effective April 29, 1996)