SB1708 98TH GENERAL ASSEMBLY

LRB098 06054 JLS 36093 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1708

Introduced 2/15/2013, by Sen. Ira I. Silverstein - William Delgado - Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

New Act
775 ILCS 5/2-101	from Ch. 68, par. 2-101
820 ILCS 105/3	from Ch. 48, par. 1003
820 ILCS 105/4a	from Ch. 48, par. 1004a
820 ILCS 125/1	from Ch. 48, par. 198.1
820 ILCS 140/2	from Ch. 48, par. 8b

Creates the Domestic Workers' Bill of Rights Act. Requires employers to make specific disclosures to domestic workers regarding terms of employment. Requires written contracts. Establishes provisions for duration of shifts, meal breaks, sleep and rest periods, paid time off, and other matters. Provides for enforcement by the Department of Labor. Authorizes civil actions. Amends the Illinois Human Rights Act, the Minimum Wage Law, the Wages of Women and Minors Act, and the One Day Rest In Seven Act to make various changes regarding domestic workers. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Domestic Workers' Bill of Rights Act.

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 predominately 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 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.

Section 10. Definitions. As used in this Act:

"Department" means the Department of Labor.

"Director" means the Director of Labor and his or her authorized representatives.

"Domestic work" means: (1) housekeeping; (2) house cleaning; (3) home management; (4) nanny services including childcare and child monitoring; (5) caretaking or home health care services of individuals including sick, convalescing, or elderly individuals and individuals with a disability; (6) laundering; (7) cooking; (8) companion services; (9) chauffeuring; and (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 domestic work. "Domestic worker" does not include: (i) a person performing domestic work who is the employer's parent, spouse, civil union partner, child, or other member of his or her immediate family, exclusive of individuals whose primary work duties are companionship, home care, or health care services performed for the aged or people with disabilities; (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 less than 8 hours in the aggregate in any workweek, exclusive of individuals whose primary work duties are companionship, home care, or health care services performed for the aged or people with disabilities; or (iv) a person who (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 and (B) is engaged in an independently established trade, occupation, profession or business, or the person performing domestic work is deemed a legitimate sole proprietor or partnership under subsection (c) of Section 10 of the Employee Classification Act, except that the terms "contractor" and "subcontractor" shall be substituted for "employer" and "domestic worker" respectively as defined under this Act.

"Employ" includes to suffer or permit to work.

"Employer" means any individual; partnership; association; corporation; limited liability company; business trust; employment and labor placement agencies 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; or any other person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee; for which one or more persons is gainfully 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.

"Live-in domestic worker" means a domestic worker who lives in the establishment where he or she works.

"Working time" means the time during which a domestic worker is subject to the control of an employer, and includes all time the domestic worker is suffered or permitted to work, whether or not required to do so.

Section 15. Notice and written contract.

(a) Notice. An employer shall notify all domestic workers and, upon oral request, disclose in writing the following information when an offer of employment is made to a domestic worker:

(1) the starting date, time, and place of employment;

(2) the wage rates to be paid;

(3) the frequency of the payment of wages;

(4) the kinds of domestic work for which the domestic worker may be employed;

(5) the hours per day, days per week, and period of employment, including any meal breaks and rest periods;

(6) leave policies for both paid and unpaid time off for the domestic worker;

(7) notice and policies for involuntary time off for the domestic worker;

(8) the transportation and any other employee benefit to be provided, if any, and any costs to be charged for each of them;

(9) any other terms and conditions of employment, including any workplace hazards that may make the domestic worker vulnerable to illnesses and other physical problems, and notice of termination and severance policies; and

(10) whether the domestic worker is covered under the Workers' Compensation Act, Unemployment Insurance Act, and Illinois and federal employment tax laws.

(b) Written contract. If the domestic worker works for one employer more than 8 hours in any workweek and that employment is expected to recur regularly such as every week, or periodically such as once every 6 weeks, the employer shall provide a written contract that includes:

(1) the rate of pay including overtime and additional compensation for added duties or multilingual skills;

(2) the frequency of the payment of wages;

(3) working hours including meal breaks and other time off, including, when applicable, the provisions for a day of rest, paid time off, holidays, severance, raises, transportation costs, health insurance, and any fees or other costs including costs for meals and lodging;

(4) living accommodations provided by the employer and policies on vacating the premises;

(5) the responsibilities associated with the job;

(6) the process for raising and addressing additional compensation if new duties are added and the process for addressing grievances;

(7) the right to privacy;

(8) the right to collect workers' compensation, if injured, unemployment insurance benefits, and social security benefits;

(9) notice of termination and severance pay policies;

(10) the contract period;

(11) reimbursement for work-related expenses; and

(12) any other rights or benefits afforded to the domestic worker, including State and federal employment taxes paid or to be paid by the employer related to the domestic worker's employment and notice of employment rights in State law.

Section 20. Working time of more or less than 24 consecutive hours.

(a) A domestic worker who is required to be on duty for 24 consecutive hours or more shall have a minimum of 8 consecutive hours for uninterrupted sleep, except in an unforeseen emergency.

(b) If a domestic worker is required to be on duty for 24 consecutive hours or more, the employer and the domestic worker may agree in writing to exclude a bona fide regularly scheduled sleeping period of not more than 8 hours for uninterrupted sleep from hours worked, provided that the employer otherwise complies with this Section. If sleep is interrupted more than once to perform work for up to 15 minutes, the entire period shall be considered working time. If no written agreement to the contrary is present, the 8 hours of sleeping shall constitute working time.

(c) There is a rebuttable presumption that a domestic worker did not receive 8 consecutive hours for uninterrupted sleep if he or she is required to be on duty for 24 consecutive hours or more and the employer does not hire a replacement worker for at least 8 consecutive hours in the 24-hour period.

(d) An employer shall pay the domestic worker for all time the domestic worker is required to be at the site, including time spent sleeping or doing other activities when not engaged in active domestic work, if on duty for less than 24 consecutive hours.

(e) Domestic workers who work 24 consecutive hours or more, including live-in domestic workers, shall be provided sleeping accommodations that are adequate, decent, safe, and sanitary. No domestic worker shall be required to share a bed.

(f) A live-in domestic worker who is not required to be on duty for 24 consecutive hours or more shall have at least 12 consecutive hours free of duty during each workday of 24 hours, of which a minimum of 8 consecutive hours are for uninterrupted sleep. If sleep is interrupted more than once to perform work for up to 15 minutes, the entire period shall be considered working time. If no written agreement to the contrary is present, the 8 hours of sleeping shall constitute working time.

Section 25. Live-in domestic workers, working time and lodging.

(a) A live-in domestic worker suffered or permitted to work during the 12 consecutive off-duty hours shall be compensated in accordance with Section 4a of the Minimum Wage Law.

(b) If the domestic worker resides on the employer's premises, the domestic worker may voluntarily pay for lodging only if there is prior notice and a written agreement. The domestic worker shall not be charged if staying on the premises is an employment requirement. The charges for lodging may not result in the domestic worker earning less than the minimum wage and the charges may not exceed the lesser of the reasonable market rent or the actual cost of the lodging to the employer. The lodging must be adequate, decent, safe, and sanitary, with provide a private area for sleeping and dressing with reasonable access to a bathroom, kitchen and laundry facilities. No domestic worker shall be required to share a bed.

(c) For live-in domestic workers, the employer shall provide written notice 30 days in advance to vacate and use the summary process to evict the domestic worker under Article IX of the Code of Civil Procedure if the domestic worker does not vacate after the initial 30 days' written notice, and take additional steps to ensure the domestic worker is not rendered homeless due the termination of employment.

Section 30. Meal and rest periods.

(a) An employer shall not employ a domestic worker for work time of more than 5 hours per day without a bona fide meal period of not less than 30 minutes, except that if the total work period for the day is not more than 6 hours, the bona fide meal period may be waived or taken at the beginning or end of work hours for the day by mutual consent of the employer and the domestic worker.

(b) An employer shall not employ a domestic worker for more than 10 hours per day without providing the domestic worker with a second bona fide meal period of not less than 30 minutes except that, if the total hours worked is not more than 12 hours and only if the first meal period was not waived, the second bona fide meal may be waived or taken in combination with the first bona fide meal period or taken at the beginning or end of work hours for the day by mutual consent of the employer and the domestic worker.

(c) Unless a domestic worker is relieved of all duty during a meal period, the meal period shall be considered an on-duty meal period, not a bona fide meal period, and counted as time worked. An on-duty meal period shall be permitted only if the nature of the work prevents a domestic worker from being relieved of all duty, shall be by written agreement between the employer and the domestic worker, and shall be revocable at any time by the domestic worker.

(d) If an employer fails to provide to a domestic worker employee a meal period in accordance with this Section, the employer shall pay the domestic worker one additional hour of pay at the domestic worker's regular rate of compensation for each workday that the meal period is not provided.

(e) An employer shall permit a domestic worker who works 5 hours or more to choose the food he or she eats and to prepare his or her own meals. A domestic worker may use the job site's kitchen facilities and kitchen appliances without charge or deduction from pay.

(f) If a domestic worker pays for food or beverages, the payment shall be at actual cost to the employer, and only if the food and beverages are voluntarily chosen by the domestic worker and actually consumed. There may not be a charge if the domestic worker cannot easily bring or prepare his or her own meals or if the employer does not supply the domestic worker with receipts for the actual costs prior to any charge or deduction from pay.

(g) An employer shall authorize and permit the domestic worker to take rest periods that, insofar as practical, shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours, or a major fraction thereof, of work. However, a rest period need not be authorized for the domestic worker whose total daily work time is less than 3.5 hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.

(h) If an employer fails to provide a domestic worker a rest period, the employer shall pay the domestic workers one additional hour of pay at the domestic worker's regular rate of compensation, but not less than minimum wage, for each work day that the rest period is not provided.

Section 35. Scheduled work.

(a) If a domestic worker is scheduled to work and is available to work but is not put to work or is furnished less than half of his or her usual or scheduled day's work, the domestic worker shall be paid for half the usual or scheduled day's work, but in no event less than 2 hours nor more than 4 hours, at the domestic worker's regular rate of pay.

(b) If a domestic worker is scheduled to work and is available to work but is not put to work a second time in any one workday and is furnished less than 2 hours of work on the second time he or she reports for work, the domestic worker shall be paid for 2 hours at the domestic worker's regular rate of pay.

(c) If an employer does not require the domestic worker to report to work for one or more days on a temporary basis for any reason, such as the employer's vacation, or any other change in the working time schedule, such as changing from an 8-hour a day to a 4-hour a day schedule, the employer shall provide to the domestic worker a notice in writing at least 21 days in advance of the first day the worker is not required to report to work or there is a change in schedule, with the start and end dates of the involuntary time off, and the date the domestic worker is required to return to work or return to the regular schedule. If the employer cannot provide the 21 days' notice because the employer is not aware of the necessity for the domestic worker's involuntary time off, the employer shall provide written notice as soon as he or she is aware of the necessity for the involuntary time off. If no notice is provided prior to the first day of involuntary time off, but the domestic worker is notified before reporting to work, the domestic worker shall be paid for the usual scheduled day's work at the regular rate of pay, and no less than 2 hours each day at the regular rate of pay for each subsequent day or hours of involuntary time off.

Section 40. Paid time off.

(a) Paid time off shall accrue at the rate of one hour of paid time off for every 30 hours of working time for one employer up to the maximum of 80 hours paid time off. Paid time off may be used as accrued, or be loaned by the employer, at its discretion, to the employee in advance of such accrual; in such case an employer shall not require a domestic worker to reimburse it for any unearned paid time off. Paid time off shall be permitted to be used in hourly increments. It is up to the domestic worker to determine when and how much accrued paid time off to take under this Act. Paid time off shall be provided upon the oral request of the domestic worker and for any purpose of the domestic worker's choosing. If the necessity for paid time off is foreseeable, the domestic worker shall provide the employer with not less than 3 days' oral notice before the date the leave is to begin. If the necessity for leave is not foreseeable, the domestic worker shall provide such notice as soon as is practical after the domestic worker is aware of the necessity of such leave. The employer may not require, as a condition of providing paid time off under this Act, that the domestic worker search for or find a replacement worker to cover the hours during which the domestic worker is on paid time off leave.

(b) Paid time off shall carry over annually to the extent not used by the domestic worker, provided that nothing in this Act shall be construed to require an employer to allow a worker to use more than 80 hours of paid time off in a year unless an employer agrees to do so.

(c) Upon oral request, an employer shall provide to a domestic worker an annual statement in writing indicating the amount and periods of accrued paid time off.

(d) During any period a domestic worker takes leave under this Act, the employer shall maintain coverage for the domestic worker and any family member under any group health plan for the duration of such leave at at least the level and conditions of coverage would have been provided if the domestic worker had not taken the leave.

Section 45. Privacy. An employer is not permitted to videotape or otherwise record the domestic worker in any of the bathrooms, in the area where the sleeping accommodations are provided while the domestic worker is sleeping, or, in the case of a live-in domestic worker, the domestic worker's living area.

Section 50. Recordkeeping requirements. An employer subject to any provision of this Act shall make and preserve records that document the name and address of each employee, whether or not the employee was a live-in domestic worker, the work hours each day in each workweek, the rates of pay, the amount paid each pay period, all deductions made from wages or final compensation, the number of paid time off hours earned each year and the dates on which paid time off hours were taken and paid, a copy of a written contract, if applicable, any charges or deduction from wages for meals or lodging or other reason, and any other information the Director may by rule deem necessary and appropriate for enforcement of this Act. An employer subject to any provision of this Act shall preserve those records for a period of not less than 5 years and shall make reports from the records as prescribed by rule or order of the Director, unless the records relate to an ongoing investigation or enforcement action under this Act, in which case the records must be maintained until their destruction is authorized by the Department or by court order.

An employer shall, upon the oral request of a current of former employee or his or her representative, make these records available for inspection by a current or former employee or his or her representative, at the employee's current or past place of employment during normal working hours for the employee, or another agreed upon location or time convenient to the employee or his or her representative, within 7 calendar days after such a request. If, however, the employer can reasonably show such deadline cannot be met, the employer shall have an additional 7 days to comply. Upon oral request, an employee or his or her representative shall obtain a copy of the information or part of the information contained in the employee's record. An employer may charge a fee for providing a copy of such information. The fee shall be limited to the actual cost of duplicating the information.

In the absence of employer records, a domestic worker may not be denied recovery of wages or final compensation on the basis that the domestic worker is unable to prove the precise extent of uncompensated work or final compensation.

If an employer requires evidence of hours worked for other employers, a sworn statement by the employee stating that he or she has performed or is scheduled to perform domestic work for 8 or more hours in the aggregate for the relevant workweek shall satisfy any documentation requirements of hours worked under this Act. The employer shall not require more than one sworn statement in a calendar quarter if the hours the employee has performed or is scheduled to perform domestic work have not decreased to less than 8 hours in the aggregate in any workweek in that calendar quarter or less than 100 hours in the aggregate in the calendar quarter. An employer that requires evidence of hours worked must give the domestic worker written notice of such request and allow no less than 10 days or until the next scheduled work day, whichever is greater, for the domestic worker to comply.

Section 55. Prohibited acts.

(a) Interference with rights.

(1) It shall be unlawful and a violation of this Act for any employer or any other person who discharges, threatens, penalizes, or in any other manner discriminates, retaliates, or takes any adverse action against an employee, because the employee or a person or organization acting on the employee's behalf: (i) exercises rights or attempts to exercise rights under this Act; (ii) opposes practices such employee believes to be in violation of this Act; or (iii) supports the exercise of rights under this Act. Exercising rights, opposing practices, or supporting the exercise of rights under this Act shall include, but not be limited to: (i) filing an action or instituting or causing to be instituted any proceeding under or related to this Act; (ii) providing or preparing to provide any information in connection with any inquiry or proceeding relating to any right provided under this Act; (iii) testifying or preparing to testify in any inquiry or proceeding relating to any right provided under this Act, in a public hearing, or to a community organization; or (iv) informing any other person that his or her employer engages in conduct that the employee reasonably and in good faith believes violates any provisions of this Act.

(2) An agreement by an employee to waive his or her rights under this Act is void as against public policy. The benefits provided to employees under this Act may not be diminished by a collective bargaining agreement or an employment benefit program or plan entered into or renewed after the effective date of this Act.

(3) It shall be unlawful for an employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under or in connection with this Act including, but not limited to, using the taking of paid time off as a negative factor in an employment action such as hiring, termination, evaluation, promotion, discipline, or counting the paid time off under a no-fault attendance policy.

(b) Nothing in this Act shall limit an employer's ability to provide more generous wages, benefits, or working conditions than those provided under this Act.

Section 60. Enforcement.

(a) A domestic worker aggrieved by a violation of this Act or any rule adopted under this Act shall be entitled to recover, through a claim filed with the Department of Labor or in a civil action, but not both, actual, compensatory, and punitive damages with interest at the prevailing rate and such equitable relief as may be appropriate. The Department and the court in such an action shall, in addition to any judgment awarded to the domestic worker, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant or employer. If the domestic worker's representative is other than an attorney in an action before the Department, no attorney's fees shall be awarded. Necessary legal action may be brought by the Department or the domestic worker to collect the judgment, and the employer shall be required to pay the costs incurred in collecting the judgment. An action may be brought under this Act no more than 5 years after the date of the last event constituting the alleged violation for which the action is brought.

A domestic worker or a representative of domestic workers aggrieved by a violation of this Act or any rule adopted under this Act may file suit in circuit court in the county where the alleged violation occurred or where any domestic worker who is a party to this action resides, without regard to exhaustion of remedies provided in this Act. Actions may be brought by one or more domestic workers for and on behalf of themselves and other domestic workers similarly situated. An employer that violates any provision of this Act or any rule adopted under this Act is subject to a civil money penalty not to exceed $3,000 for each separate offense, payable to the domestic worker. In determining the amount of the penalty, the gravity of the violation shall be considered. An individual whose rights have been violated under this Act may seek any and all remedies provided in this Act, including reasonable attorney's fees for the prevailing employee, whether those remedies are obtained through court order, a suit, or a claim that is settled by private agreement. The rights and remedies specified under this Act are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under other provisions of Illinois law.

In an action filed with the Department of Labor, an employer shall be liable to the Department for up to 20% of the total damages where the employer's conduct is proven by a preponderance of the evidence to be willful, repeated, or with reckless disregard of this Act or any rule adopted under this Act. These penalties may be recovered by the Department in a civil action brought by the Director in any circuit court. In any such action, the Director shall be represented by the Attorney General.

An employer that has been demanded by the Department or ordered by the court to pay wages, damages, or penalties due an employee and who fails to do so within 15 days after such demand or order is entered shall be liable to pay a penalty of 2% per calendar day to the employee for each day of delay in paying such wages, damages, or penalties to the employee, up to an amount equal to treble the sum of unpaid wages, damages, and penalties due the employee.

(b) The Director of Labor or his or her authorized representatives shall administer and enforce the provisions of this Act. An employee or a representative of employees who believes his or her rights under this Act have been violated may, within 5 years after the alleged violation occurs, file a complaint with the Department requesting a review of the alleged violation. A copy of the complaint shall be sent to the person who allegedly committed the violation, who shall be the respondent. Upon receipt of a complaint, the Director shall cause such investigation to be made. The investigation shall provide an opportunity for a public hearing at the request of any party to the review to enable the parties to present information relating to the alleged allegation. The parties shall be given written notice of the time and place of the hearing at least 7 days before the hearing. Upon receiving the report of the investigation, the Director shall make findings of fact. If the Director finds that a violation did occur, he or she shall issue a decision incorporating his or her findings and requiring the party committing the violation to take such affirmative action to abate the violation as the Director deems appropriate, including damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation, and the interest on that amount calculated at the prevailing rate; compensatory damages for emotional distress; and liquidated damages not to exceed $3,000 for each separate offense, payable to the domestic worker. In determining the amount of the penalty, the Director shall consider the gravity of the violation; such equitable relief as may be appropriate including, but not limited to, reinstatement, reasonable attorney's fees, reasonable expert witness fees, and other costs of the action to be paid by the respondent to a prevailing employee. If the domestic worker's representative is other than an attorney in an action before the Department, no attorney's fees shall be awarded.

If the Director finds that there was no violation, he or she shall issue an order denying the complaint. An order issued by the Director under this Section shall be final and subject to judicial review under the Administrative Review Law.

The Director shall adopt rules necessary to administer and enforce this Act in accordance with the Illinois Administrative Procedure Act. The Director shall have the powers and the parties shall have the rights provided in the Illinois Administrative Procedure Act for contested cases including, but not limited to, provisions for depositions, subpoena power and procedures, and discovery and protective order procedures.

The Director of Labor or his or her authorized representatives shall administer and enforce the provisions of this Act. In order to accomplish the objectives of this Act and to carry out the duties prescribed in this Act, the Director shall, within one year from the effective date of this Act, promulgate rules necessary to administer and enforce the provisions of this Act including the procedures that shall be followed for hearings under this Section.

The Attorney General of Illinois may intervene on behalf of the Department if the Department certifies that the case is of general public importance. Upon such intervention the court may award such relief as is authorized to be granted an employee who has filed a complaint or whose representative has filed a complaint under this Section.

Section 91. The Illinois Human Rights Act is amended by changing Section 2-101 as follows:

(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)

Sec. 2-101. Definitions. The following definitions are applicable strictly in the context of this Article.

(A) Employee.

(1) "Employee" includes:

(a) Any individual performing services for remuneration within this State for an employer;

(b) An apprentice;

(c) An applicant for any apprenticeship.

(2) "Employee" does not include:

(a) (Blank); Domestic servants in private homes;

(b) Individuals employed by persons who are not "employers" as defined by this Act;

(c) Elected public officials or the members of their immediate personal staffs;

(d) Principal administrative officers of the State or of any political subdivision, municipal corporation or other governmental unit or agency;

(e) A person in a vocational rehabilitation facility certified under federal law who has been designated an evaluee, trainee, or work activity client.

(B) Employer.

(1) "Employer" includes:

(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 violation;

(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 or sexual harassment;

(c) The State and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees;

(d) Any party to a public contract without regard to the number of employees;

(e) A joint apprenticeship or training committee without regard to the number of employees; .

(f) A person employing one or more domestic workers.

(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.

(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.

(D) Labor Organization. "Labor Organization" includes any 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 apprenticeships, or of other mutual aid or protection in connection with employment, including apprenticeships or applications for apprenticeships.

(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 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.

(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.

(G) Public Employer. "Public employer" means the State, an agency or department thereof, unit of local government, school district, instrumentality or political subdivision.

(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 thereof.

(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 thereof, unit of local government, school district, instrumentality or political subdivision.

(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.

(K) Citizenship Status. "Citizenship status" means the status of being:

(1) a born U.S. citizen;

(2) a naturalized U.S. citizen;

(3) a U.S. national; or

(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 Section 1324b of Title 8 of the United States Code, as now or hereafter amended.

(L) Domestic Worker. "Domestic worker" means a person employed to perform domestic work including housekeeping, house cleaning, home management, nanny services including childcare and child monitoring, caretaking or home health care services of individuals including sick, convalescing or elderly individuals and individuals with a disability, laundering, cooking, companion services, chauffeuring, and 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.

(Source: P.A. 97-877, eff. 8-2-12.)

Section 92. The Minimum Wage Law is amended by changing Sections 3 and 4a as follows:

(820 ILCS 105/3) (from Ch. 48, par. 1003)

Sec. 3. As used in this Act:

(a) "Director" means the Director of the Department of Labor, and "Department" means the Department of Labor.

(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.

(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 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.

(d) "Employee" includes any individual permitted to work by an employer in an occupation, but does not include any individual permitted to work:

(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 and exclusive of one or more domestic workers as defined in the Domestic Workers' Bill of Rights Act.

(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 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.

(3) (Blank) In domestic service in or about a private home.

(4) As an outside salesman.

(5) As a member of a religious corporation or organization.

(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 amended.

(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.

The above exclusions from the term "employee" may be further defined by regulations of the Director.

(e) "Occupation" means an industry, trade, business or class of work in which employees are gainfully employed.

(f) "Gratuities" means voluntary monetary contributions to an employee from a guest, patron or customer in connection with services rendered.

(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.

(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.)

(820 ILCS 105/4a) (from Ch. 48, par. 1004a)

Sec. 4a. (1) Except as otherwise provided in this Section, no employer shall employ any of his employees for a workweek of more than 40 hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than 1 1/2 times the regular rate at which he is employed.

(1.5) No employer who employs a domestic worker shall require a domestic worker to work more than 40 hours in a week, or 44 hours in a week for domestic worker who resides in the home of his or her employer, unless he or she receives compensation for overtime at a rate not less than 1.5 times the regular rate at which he or she is employed.

(2) The provisions of subsection (1) of this Section are not applicable to:

A. Any salesman or mechanic primarily engaged in selling or servicing automobiles, trucks or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers.

B. Any salesman primarily engaged in selling trailers, boats, or aircraft, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling trailers, boats, or aircraft to ultimate purchasers.

C. Any employer of agricultural labor, with respect to such agricultural employment.

D. Any employee of a governmental body excluded from the definition of "employee" under paragraph (e)(2)(C) of Section 3 of the Federal Fair Labor Standards Act of 1938.

E. Any employee employed in a bona fide executive, administrative or professional capacity, including any radio or television announcer, news editor, or chief engineer, as defined by or covered by the Federal Fair Labor Standards Act of 1938 and the rules adopted under that Act, as both exist on March 30, 2003, but compensated at the amount of salary specified in subsections (a) and (b) of Section 541.600 of Title 29 of the Code of Federal Regulations as proposed in the Federal Register on March 31, 2003 or a greater amount of salary as may be adopted by the United States Department of Labor. For bona fide executive, administrative, and professional employees of not-for-profit corporations, the Director may, by regulation, adopt a weekly wage rate standard lower than that provided for executive, administrative, and professional employees covered under the Fair Labor Standards Act of 1938, as now or hereafter amended.

F. Any commissioned employee as described in paragraph (i) of Section 7 of the Federal Fair Labor Standards Act of 1938 and rules and regulations promulgated thereunder, as now or hereafter amended.

G. Any employment of an employee in the stead of another employee of the same employer pursuant to a worktime exchange agreement between employees.

H. Any employee of a not-for-profit educational or residential child care institution who (a) on a daily basis is directly involved in educating or caring for children who (1) are orphans, foster children, abused, neglected or abandoned children, or are otherwise homeless children and (2) reside in residential facilities of the institution and (b) is compensated at an annual rate of not less than $13,000 or, if the employee resides in such facilities and receives without cost board and lodging from such institution, not less than $10,000.

I. Any employee employed as a crew member of any uninspected towing vessel, as defined by Section 2101(40) of Title 46 of the United States Code, operating in any navigable waters in or along the boundaries of the State of Illinois.

(3) Any employer may employ any employee for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum hours specified in subsection (1) of this Section without paying the compensation for overtime employment prescribed in subsection (1) if during that period or periods the employee is receiving remedial education that:

(a) is provided to employees who lack a high school diploma or educational attainment at the eighth grade level;

(b) is designed to provide reading and other basic skills at an eighth grade level or below; and

(c) does not include job specific training.

(4) A governmental body is not in violation of subsection (1) if the governmental body provides compensatory time pursuant to paragraph (o) of Section 7 of the Federal Fair Labor Standards Act of 1938, as now or hereafter amended, or is engaged in fire protection or law enforcement activities and meets the requirements of paragraph (k) of Section 7 or paragraph (b)(20) of Section 13 of the Federal Fair Labor Standards Act of 1938, as now or hereafter amended.

(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)

Section 93. The Wages of Women and Minors Act is amended by changing Section 1 as follows:

(820 ILCS 125/1) (from Ch. 48, par. 198.1)

Sec. 1. As used in this Act:

"Department" means the Department of Labor.

"Director" means the Director of the Department of Labor.

"Wage Board" means a board created as provided in this Act.

"Woman" means a female of 18 years or over.

"Minor" means a person under the age of 18 years.

"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.

"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.

"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 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 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.

"A directory order" means an order the nonobservance of which may be published as provided in Section 9 of this Act.

"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.

(Source: P.A. 91-357, eff. 7-29-99.)

Section 94. The One Day Rest In Seven Act is amended by changing Section 2 as follows:

(820 ILCS 140/2) (from Ch. 48, par. 8b)

Sec. 2. (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.

A person employed as a domestic worker, as defined in Section 2 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); provided that 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. The hours and days of rest allowed under this Act shall be in addition to any paid time off earned under Section 8 of the Domestic Workers Bill of Rights Act.

(b) This Section does not apply to the following:

(1) Part-time employees whose total work hours for one employer during a calendar week do not exceed 20; and

(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

(3) Employees employed in agriculture or coal mining; and

(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

(5) Employees employed as watchmen or security guards; and

(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 amended, and those employed as supervisors as defined in Section 2 (11) of the National Labor Relations Act, as amended; and

(7) Employees who are employed as crew members of any uninspected towing vessel, as defined by Section 2101(40) of Title 46 of the United States Code, operating in any navigable waters in or along the boundaries of the State of Illinois.

(Source: P.A. 92-623, eff. 7-11-02.)

Section 97. Severability. If any provision of this Act of the application of such provision to any person or circumstance is preempted by or held to be in violation of Illinois or federal law or regulation, the remainder of the provisions of this Act and the application of those provisions to any person or circumstance shall not be affected.

Section 99. Effective date. This Act takes effect upon becoming law.