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Public Act 099-0758
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| HB1288 Enrolled | LRB099 05152 JLS 25181 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Domestic Workers' Bill of Rights Act.
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Section 5. Purpose and findings. Domestic workers play a |
critical role in Illinois' economy, working to ensure the |
health and prosperity of Illinois families and freeing others |
to participate in the workforce. Despite the value of their |
work, domestic workers have historically been excluded from the |
protections under State law extended to workers in other |
industries. Domestic workers are predominantly women who labor |
to support families and children of their own and who receive |
low pay and minimal or no benefits. Without clear standards |
governing their workplaces, and working alone and behind closed |
doors, domestic workers are among the most isolated and |
vulnerable workforce in the State. Workforce projections are |
one of growth for domestic workers, but the lack of decent pay |
and other workplace protections undermines the likelihood of |
building and maintaining a reliable and experienced workforce |
that is able to meet the needs of Illinois families. Therefore, |
the General Assembly finds that because domestic workers care |
for the most important elements of Illinoisans' lives, our |
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families and our homes, it is in the interest of employees, |
employers, and the people of Illinois to ensure that the rights |
of domestic workers are respected, protected, and enforced and |
that this Act shall be interpreted liberally to aid this |
purpose.
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Section 10. Definitions. As used in this Act: |
"Domestic work" means: |
(1) housekeeping; |
(2) house cleaning; |
(3) home management; |
(4) nanny services including childcare and child |
monitoring; |
(5) caregiving, personal care or home health services |
for elderly persons or persons with an illness, injury, or |
disability who require assistance in caring for |
themselves; |
(6) laundering; |
(7) cooking; |
(8) companion services; |
(9) chauffeuring; or |
(10) other household services for members of |
households or their guests in or about a private home or |
residence or any other location where the domestic work is |
performed. |
"Domestic worker" means a person employed to perform |
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domestic work. "Domestic worker" does not include: (i) a person |
performing domestic work who is the employer's parent, spouse, |
child, or other member of his or her immediate family, |
exclusive of individuals whose primary work duties are |
caregiving, companion services, personal care or home health |
services for elderly persons or persons with an illness, |
injury, or disability who require assistance in caring for |
themselves; (ii) child and day care home providers |
participating in the child care assistance program under |
Section 9A-11 of the Illinois Public Aid Code; (iii) a person |
who is employed by one or more employers in or about a private |
home or residence or any other location where the domestic work |
is performed for 8 hours or less in the aggregate in any |
workweek on a regular basis, exclusive of individuals whose |
primary work duties are caregiving, companion services, |
personal care or home health services for elderly persons or |
persons with an illness, injury, or disability who require |
assistance in caring for themselves; or (iv) a person who the |
employer establishes: (A) has been and will continue to be free |
from control and direction over the performance of his or her |
work, both under a contract of service and in fact; (B) is |
engaged in an independently established trade, occupation, |
profession or business; or (C) is deemed a legitimate sole |
proprietor or partnership. A sole proprietor or partnership |
shall be deemed to be legitimate if the employer establishes |
that: |
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(1) the sole proprietor or partnership is performing |
the service free from the direction or control over the |
means and manner of providing the service, subject only to |
the right of the employer for whom the service is provided |
to specify the desired result; |
(2) the sole proprietor or partnership is not subject |
to cancellation or destruction upon severance of the |
relationship with the employer; |
(3) the sole proprietor or partnership has a |
substantial investment of capital in the sole |
proprietorship or partnership beyond ordinary tools and |
equipment and a personal vehicle; |
(4) the sole proprietor or partnership owns the capital |
goods and gains the profits and bears the losses of the |
sole proprietorship or partnership; |
(5) the sole proprietor or partnership makes its |
services available to the general public on a continuing |
basis; |
(6) the sole proprietor or partnership includes |
services rendered on a Federal Income Tax Schedule as an |
independent business or profession; |
(7) the sole proprietor or partnership performs |
services for the contractor under the sole |
proprietorship's or partnership's name; |
(8) when the services being provided require a license |
or permit, the sole proprietor or partnership obtains and |
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pays for the license or permit in the sole proprietorship's |
or partnership's name; |
(9) the sole proprietor or partnership furnishes the |
tools and equipment necessary to provide the service; |
(10) if necessary, the sole proprietor or partnership |
hires its own employees without approval of the employer, |
pays the employees without reimbursement from the employer |
and reports the employees' income to the Internal Revenue |
Service; |
(11) the employer does not represent the sole |
proprietorship or partnership as an employee of the |
employer to the public; and |
(12) the sole proprietor or partnership has the right |
to perform similar services for others on whatever basis |
and whenever it chooses. |
"Employ" includes to suffer or permit to work. |
"Employee" means a domestic worker. |
"Employer" means: any individual; partnership; |
association; corporation; limited liability company; business |
trust; employment and labor placement agency where wages are |
made directly or indirectly by the agency or business for work |
undertaken by employees under hire to a third party pursuant to |
a contract between the business or agency with the third party; |
the State of Illinois and local governments, or any political |
subdivision of the State or local government, or State or local |
government agency; for which one or more persons is gainfully |
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employed, express or implied, whether lawfully or unlawfully |
employed, who employs a domestic worker or who exercises |
control over the domestic worker's wage, remuneration, or other |
compensation, hours of employment, place of employment, or |
working conditions, or whose agent or any other person or group |
of persons acting directly or indirectly in the interest of an |
employer in relation to the employee exercises control over the |
domestic worker's wage, remuneration or other compensation, |
hours of employment, place of employment, or working |
conditions.
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Section 90. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes.
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Section 92. The Illinois Human Rights Act is amended by |
changing Section 2-101 as follows:
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(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
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Sec. 2-101. Definitions. The following definitions are |
applicable
strictly in the context of this Article.
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(A) Employee.
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(1) "Employee" includes:
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(a) Any individual performing services for |
remuneration within this
State for an employer;
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(b) An apprentice;
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(c) An applicant for any apprenticeship.
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For purposes of subsection (D) of Section 2-102 of this |
Act, "employee" also includes an unpaid intern. An unpaid |
intern is a person who performs work for an employer under |
the following circumstances: |
(i) the employer is not committed to hiring the |
person performing the work at the conclusion of the |
intern's tenure; |
(ii) the employer and the person performing the |
work agree that the person is not entitled to wages for |
the work performed; and |
(iii) the work performed: |
(I) supplements training given in an |
educational environment that may enhance the |
employability of the intern; |
(II) provides experience for the benefit of |
the person performing the work; |
(III) does not displace regular employees; |
(IV) is performed under the close supervision |
of existing staff; and |
(V) provides no immediate advantage to the |
employer providing the training and may
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occasionally impede the operations of the |
employer. |
(2) "Employee" does not include:
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(a) (Blank); Domestic servants in private homes;
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(b) Individuals employed by persons who are not |
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"employers" as
defined by this Act;
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(c) Elected public officials or the members of |
their immediate
personal staffs;
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(d) Principal administrative officers of the State |
or of any
political subdivision, municipal corporation |
or other governmental unit
or agency;
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(e) A person in a vocational rehabilitation |
facility certified under
federal law who has been |
designated an evaluee, trainee, or work
activity |
client.
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(B) Employer.
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(1) "Employer" includes:
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(a) Any person employing 15 or more employees |
within Illinois during
20 or more calendar weeks within |
the calendar year of or preceding the alleged
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violation;
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(b) Any person employing one or more employees when |
a complainant
alleges civil rights violation due to |
unlawful discrimination based
upon his or her physical |
or mental disability unrelated to ability, pregnancy, |
or
sexual harassment;
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(c) The State and any political subdivision, |
municipal corporation
or other governmental unit or |
agency, without regard to the number of
employees;
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(d) Any party to a public contract without regard |
to the number of
employees;
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(e) A joint apprenticeship or training committee |
without regard to the
number of employees.
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(2) "Employer" does not include any religious |
corporation,
association, educational institution, |
society, or non-profit nursing
institution conducted by |
and for those who rely upon treatment by prayer
through |
spiritual means in accordance with the tenets of a |
recognized
church or religious denomination with respect |
to the employment of
individuals of a particular religion |
to perform work connected with the
carrying on by such |
corporation, association, educational institution,
society |
or non-profit nursing institution of its activities.
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(C) Employment Agency. "Employment Agency" includes both |
public and
private employment agencies and any person, labor |
organization, or labor
union having a hiring hall or hiring |
office regularly undertaking, with
or without compensation, to |
procure opportunities to work, or to
procure, recruit, refer or |
place employees.
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(D) Labor Organization. "Labor Organization" includes any
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organization, labor union, craft union, or any voluntary |
unincorporated
association designed to further the cause of the |
rights of union labor
which is constituted for the purpose, in |
whole or in part, of collective
bargaining or of dealing with |
employers concerning grievances, terms or
conditions of |
employment, or apprenticeships or applications for
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apprenticeships, or of other mutual aid or protection in |
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connection with
employment, including apprenticeships or |
applications for apprenticeships.
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(E) Sexual Harassment. "Sexual harassment" means any |
unwelcome sexual
advances or requests for sexual favors or any |
conduct of a sexual nature
when (1) submission to such conduct |
is made either explicitly or implicitly
a term or condition of |
an individual's employment, (2) submission to or
rejection of |
such conduct by an individual is used as the basis for
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employment decisions affecting such individual, or (3) such |
conduct has the
purpose or effect of substantially interfering |
with an individual's work
performance or creating an |
intimidating, hostile or offensive working
environment.
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(F) Religion. "Religion" with respect to employers |
includes all
aspects of religious observance and practice, as |
well as belief, unless an
employer demonstrates that he is |
unable to reasonably accommodate an
employee's or prospective |
employee's religious observance or practice
without undue |
hardship on the conduct of the employer's business.
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(G) Public Employer. "Public employer" means the State, an |
agency or
department thereof, unit of local government, school |
district,
instrumentality or political subdivision.
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(H) Public Employee. "Public employee" means an employee of |
the State,
agency or department thereof, unit of local |
government, school district,
instrumentality or political |
subdivision. "Public employee" does not include
public |
officers or employees of the General Assembly or agencies |
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thereof.
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(I) Public Officer. "Public officer" means a person who is |
elected to
office pursuant to the Constitution or a statute or |
ordinance, or who is
appointed to an office which is |
established, and the qualifications and
duties of which are |
prescribed, by the Constitution or a statute or
ordinance, to |
discharge a public duty for the State, agency or department
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thereof, unit of local government, school district, |
instrumentality or
political subdivision.
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(J) Eligible Bidder. "Eligible bidder" means a person who, |
prior to a
bid opening, has filed with the Department a |
properly completed, sworn and
currently valid employer report |
form, pursuant to the Department's regulations.
The provisions |
of this Article relating to eligible bidders apply only
to bids |
on contracts with the State and its departments, agencies, |
boards,
and commissions, and the provisions do not apply to |
bids on contracts with
units of local government or school |
districts.
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(K) Citizenship Status. "Citizenship status" means the |
status of being:
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(1) a born U.S. citizen;
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(2) a naturalized U.S. citizen;
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(3) a U.S. national; or
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(4) a person born outside the United States and not a |
U.S. citizen who
is not an unauthorized alien and who is |
protected from discrimination under
the provisions of |
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Section 1324b of Title 8 of the United States Code, as
now |
or hereafter amended.
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(Source: P.A. 97-877, eff. 8-2-12; 98-1037, eff. 1-1-15; |
98-1050, eff. 1-1-15; revised 10-3-14.)
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Section 93. 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 |
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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 |
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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). In domestic service in or about a private |
home.
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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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The above exclusions from the term "employee" may be |
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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. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)
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Section 94. The Wages of Women and Minors Act is amended by |
changing Section 1 as follows:
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(820 ILCS 125/1) (from Ch. 48, par. 198.1)
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Sec. 1. As used in this Act:
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"Department" means the Department of Labor.
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"Director" means the Director of the Department of Labor.
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"Wage Board" means a board created as provided in this
Act.
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"Woman" means a female of 18 years or over.
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"Minor" means a person under the age of 18 years.
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"Occupation" means an industry, trade or business or branch |
thereof or
class of work therein in which women or minors are |
gainfully employed, but
does not include domestic service in |
the home of the employer or labor on a
farm.
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"An oppressive and unreasonable wage" means a wage which is |
both less
than the fair and reasonable value of the services |
rendered and less than
sufficient to meet the minimum cost of |
living necessary for health.
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"A fair wage" means a wage fairly and reasonably |
commensurate with the
value of the services or class of service |
rendered. In establishing a
minimum fair wage for any service |
or class of service under this Act the
Department and the wage |
board without being bound by any technical rules of
evidence or |
procedure (1) may take into account all relevant circumstances
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affecting the value of the service or class of service |
rendered, and (2)
may
be guided by like considerations as would |
guide a court in a suit for the
reasonable value of services |
rendered where services are rendered at the
request of an |
employer without contract as to the amount of the wage to be
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paid, and (3) may consider the wages paid in the State for work |
of like or
comparable character by employers who voluntarily |
maintain minimum fair
wage standards.
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"A directory order" means an order the nonobservance of |
which may be
published as provided in Section 9 of this Act.
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"A mandatory order" means an order the violation of which |
is subject to
the penalties prescribed in paragraph 2 of |
Section 15 of this Act.
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(Source: P.A. 91-357, eff. 7-29-99.)
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Section 95. The One Day Rest In Seven Act is amended by |
changing Section 2 as follows:
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(820 ILCS 140/2) (from Ch. 48, par. 8b)
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Sec. 2. Hours and days of rest in every calendar week. |
(a) Every employer shall allow every employee except those |
specified
in this
Section at least twenty-four consecutive |
hours of rest in every calendar
week in addition to the regular |
period of rest allowed at the close of each
working day.
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A person employed as a domestic worker, as defined in |
Section 10 of the Domestic Workers' Bill of Rights Act, shall |
be allowed at least 24 consecutive hours of rest in every |
calendar week. This subsection (a) does not prohibit a domestic |
worker from voluntarily agreeing to work on such day of rest |
required by this subsection (a) if the worker is compensated at |
the overtime rate for all hours worked on such day of rest. The |
day of rest authorized under this subsection (a) should, |
whenever possible, coincide with the traditional day reserved |
by the domestic worker for religious worship. |
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(b) Subsection (a) This Section does not apply to the |
following:
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(1) Part-time employees whose total work hours for one |
employer during a
calendar week do not exceed 20; and
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(2) Employees needed in case of breakdown of machinery |
or equipment or
other emergency requiring the immediate |
services of experienced and
competent labor to prevent |
injury to person, damage to property, or
suspension of |
necessary operation; and
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(3) Employees employed in agriculture or coal mining; |
and
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(4) Employees engaged in the occupation of canning and |
processing
perishable agricultural products, if such |
employees are employed by an
employer in such occupation on |
a seasonal basis and for not more than 20
weeks during any |
calendar year or 12 month period; and
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(5) Employees employed as watchmen or security guards; |
and
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(6) Employees who are employed in a bonafide executive, |
administrative,
or professional capacity or in the |
capacity of an outside salesman, as
defined in Section 12 |
(a) (1) of the federal Fair Labor Standards Act, as
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amended, and those employed as supervisors as defined in |
Section 2 (11) of
the National Labor Relations Act, as |
amended; and
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(7) Employees who are employed as crew members of any |