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| Public Act 100-0192 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Minimum Wage Law is amended by changing | ||||
Section 3 as follows:
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(820 ILCS 105/3) (from Ch. 48, par. 1003)
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Sec. 3. As used in this Act:
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(a) "Director" means the Director of the Department of | ||||
Labor, and
"Department" means the Department of Labor.
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(b) "Wages" means compensation due to an employee by reason | ||||
of his
employment, including allowances determined by the | ||||
Director in
accordance with the provisions of this Act for | ||||
gratuities and, when
furnished by the employer, for meals and | ||||
lodging actually used by the
employee.
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(c) "Employer" includes any individual, partnership, | ||||
association,
corporation, limited liability company, business | ||||
trust, governmental or quasi-governmental body, or
any person | ||||
or group of persons acting directly or indirectly in the
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interest of an employer in relation to an employee, for which | ||||
one or
more persons are gainfully employed on some day within a | ||||
calendar year.
An employer is subject to this Act in a calendar | ||||
year on and after the
first day in such calendar year in which | ||||
he employs one or more persons,
and for the following calendar | ||||
year.
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(d) "Employee" includes any individual permitted to work by | ||
an
employer in an occupation, and includes, notwithstanding | ||
subdivision (1) of this subsection (d), one or more domestic | ||
workers as defined in Section 10 of the Domestic Workers' Bill | ||
of Rights Act, but does not include any individual permitted
to | ||
work:
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(1) For an employer employing fewer than 4 employees | ||
exclusive of
the employer's parent, spouse or child or | ||
other members of his immediate
family.
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(2) As an employee employed in agriculture or | ||
aquaculture (A) if such
employee is
employed by an employer | ||
who did not, during any calendar quarter during
the | ||
preceding calendar year, use more than 500 man-days of | ||
agricultural
or aquacultural
labor, (B) if such employee is | ||
the parent, spouse or child, or other
member of the | ||
employer's immediate family, (C) if such employee (i) is
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employed as a hand harvest laborer and is paid on a piece | ||
rate basis in
an operation which has been, and is | ||
customarily and generally recognized
as having been, paid | ||
on a piece rate basis in the region of employment,
(ii) | ||
commutes daily from his permanent residence to the farm on | ||
which he
is so employed, and (iii) has been employed in | ||
agriculture less than 13
weeks during the preceding | ||
calendar year, (D) if such employee (other
than an employee | ||
described in clause (C) of this subparagraph): (i) is
16 | ||
years of age or under and is employed as a hand harvest | ||
laborer, is paid
on a piece rate basis in an operation | ||
which has been, and is customarily
and generally recognized | ||
as having been, paid on a piece rate basis in
the region of | ||
employment, (ii) is employed on the same farm as his
parent | ||
or person standing in the place of his parent, and (iii) is | ||
paid
at the same piece rate as employees over 16 are paid | ||
on the same farm.
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(3) (Blank).
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(4) As an outside salesman.
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(5) As a member of a religious corporation or | ||
organization.
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(6) At an accredited Illinois college or university | ||
employed by the
college
or university at which he is a | ||
student who is covered under the provisions
of the Fair | ||
Labor Standards Act of 1938, as heretofore or hereafter
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amended.
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(7) For a motor carrier and with respect to whom the | ||
U.S. Secretary of
Transportation has the power to establish | ||
qualifications and maximum hours of
service under the | ||
provisions of Title 49 U.S.C. or the State of Illinois | ||
under
Section 18b-105 (Title 92 of the Illinois | ||
Administrative Code, Part 395 -
Hours of Service of | ||
Drivers) of the Illinois Vehicle
Code.
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(8) As an employee employed as a player who is 28 years | ||
old or younger, a manager, a coach, or an athletic trainer | ||
by a minor league professional baseball team not affiliated | ||
with a major league baseball club, if (A) the minor league | ||
professional baseball team does not operate for more than 7 | ||
months in any calendar year or (B) during the preceding | ||
calendar year, the minor league professional baseball | ||
team's average receipts for any 6-month period of the year | ||
were not more than 33 1/3% of its average receipts for the | ||
other 6 months of the year. | ||
The above exclusions from the term "employee" may be | ||
further defined
by regulations of the Director.
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(e) "Occupation" means an industry, trade, business or | ||
class of work
in which employees are gainfully employed.
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(f) "Gratuities" means voluntary monetary contributions to | ||
an
employee from a guest, patron or customer in connection with | ||
services
rendered.
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(g) "Outside salesman" means an employee regularly engaged | ||
in making
sales or obtaining orders or contracts for services | ||
where a major
portion of such duties are performed away from | ||
his employer's place of
business.
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(h) "Day camp" means a seasonal recreation program in | ||
operation for no more than 16 weeks intermittently throughout | ||
the calendar year, accommodating for profit or under | ||
philanthropic or charitable auspices, 5 or more children under | ||
18 years of age, not including overnight programs. The term | ||
"day camp" does not include a "day care agency", "child care | ||
facility" or "foster family home" as licensed by the Illinois | ||
Department of Children and Family Services. | ||
(Source: P.A. 99-758, eff. 1-1-17.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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