Illinois General Assembly - Full Text of SB1611
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Full Text of SB1611  98th General Assembly




State of Illinois
2013 and 2014


Introduced 2/13/2013, by Sen. Ira I. Silverstein


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 140/2  from Ch. 48, par. 8b

    Amends the Illinois Human Rights Act. Provides that the employment discrimination Article of the Act applies to domestic workers. Amends the Minimum Wage Law. Provides that the overtime provisions of the Law apply to domestic workers. Amends the One Day Rest In Seven Act. Provides that every person employed as a domestic worker shall be allowed at least 24 consecutive hours of rest in every calendar week. Provides that a domestic worker may voluntarily agree to work on the day of rest, provided that the worker is compensated at the overtime rate for all hours worked on the day of rest. Provides that the day of rest should, whenever possible, coincide with the traditional day reserved by the domestic worker for religious worship. Provides that after one year of work with the same employer a domestic worker shall be entitled to at least 3 days of rest in each calendar year at the regular rate of compensation.

LRB098 10027 JLS 40186 b






SB1611LRB098 10027 JLS 40186 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 2-101 as follows:
6    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
7    Sec. 2-101. Definitions. The following definitions are
8applicable strictly in the context of this Article.
9    (A) Employee.
10        (1) "Employee" includes:
11            (a) Any individual performing services for
12        remuneration within this State for an employer;
13            (b) An apprentice;
14            (c) An applicant for any apprenticeship.
15            (d) A domestic worker.
16        (2) "Employee" does not include:
17            (a) (Blank) Domestic servants in private homes;
18            (b) Individuals employed by persons who are not
19        "employers" as defined by this Act;
20            (c) Elected public officials or the members of
21        their immediate personal staffs;
22            (d) Principal administrative officers of the State
23        or of any political subdivision, municipal corporation



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1        or other governmental unit or agency;
2            (e) A person in a vocational rehabilitation
3        facility certified under federal law who has been
4        designated an evaluee, trainee, or work activity
5        client.
6    (B) Employer.
7        (1) "Employer" includes:
8            (a) Any person employing 15 or more employees
9        within Illinois during 20 or more calendar weeks within
10        the calendar year of or preceding the alleged
11        violation;
12            (b) Any person employing one or more employees when
13        a complainant alleges civil rights violation due to
14        unlawful discrimination based upon his or her physical
15        or mental disability unrelated to ability or sexual
16        harassment;
17            (c) The State and any political subdivision,
18        municipal corporation or other governmental unit or
19        agency, without regard to the number of employees;
20            (d) Any party to a public contract without regard
21        to the number of employees;
22            (e) A joint apprenticeship or training committee
23        without regard to the number of employees; .
24            (f) Any person employing one or more domestic
25        workers.
26        (2) "Employer" does not include any religious



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1    corporation, association, educational institution,
2    society, or non-profit nursing institution conducted by
3    and for those who rely upon treatment by prayer through
4    spiritual means in accordance with the tenets of a
5    recognized church or religious denomination with respect
6    to the employment of individuals of a particular religion
7    to perform work connected with the carrying on by such
8    corporation, association, educational institution, society
9    or non-profit nursing institution of its activities.
10    (C) Employment Agency. "Employment Agency" includes both
11public and private employment agencies and any person, labor
12organization, or labor union having a hiring hall or hiring
13office regularly undertaking, with or without compensation, to
14procure opportunities to work, or to procure, recruit, refer or
15place employees.
16    (D) Labor Organization. "Labor Organization" includes any
17organization, labor union, craft union, or any voluntary
18unincorporated association designed to further the cause of the
19rights of union labor which is constituted for the purpose, in
20whole or in part, of collective bargaining or of dealing with
21employers concerning grievances, terms or conditions of
22employment, or apprenticeships or applications for
23apprenticeships, or of other mutual aid or protection in
24connection with employment, including apprenticeships or
25applications for apprenticeships.
26    (E) Sexual Harassment. "Sexual harassment" means any



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1unwelcome sexual advances or requests for sexual favors or any
2conduct of a sexual nature when (1) submission to such conduct
3is made either explicitly or implicitly a term or condition of
4an individual's employment, (2) submission to or rejection of
5such conduct by an individual is used as the basis for
6employment decisions affecting such individual, or (3) such
7conduct has the purpose or effect of substantially interfering
8with an individual's work performance or creating an
9intimidating, hostile or offensive working environment.
10    (F) Religion. "Religion" with respect to employers
11includes all aspects of religious observance and practice, as
12well as belief, unless an employer demonstrates that he is
13unable to reasonably accommodate an employee's or prospective
14employee's religious observance or practice without undue
15hardship on the conduct of the employer's business.
16    (G) Public Employer. "Public employer" means the State, an
17agency or department thereof, unit of local government, school
18district, instrumentality or political subdivision.
19    (H) Public Employee. "Public employee" means an employee of
20the State, agency or department thereof, unit of local
21government, school district, instrumentality or political
22subdivision. "Public employee" does not include public
23officers or employees of the General Assembly or agencies
25    (I) Public Officer. "Public officer" means a person who is
26elected to office pursuant to the Constitution or a statute or



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1ordinance, or who is appointed to an office which is
2established, and the qualifications and duties of which are
3prescribed, by the Constitution or a statute or ordinance, to
4discharge a public duty for the State, agency or department
5thereof, unit of local government, school district,
6instrumentality or political subdivision.
7    (J) Eligible Bidder. "Eligible bidder" means a person who,
8prior to a bid opening, has filed with the Department a
9properly completed, sworn and currently valid employer report
10form, pursuant to the Department's regulations. The provisions
11of this Article relating to eligible bidders apply only to bids
12on contracts with the State and its departments, agencies,
13boards, and commissions, and the provisions do not apply to
14bids on contracts with units of local government or school
16    (K) Citizenship Status. "Citizenship status" means the
17status of being:
18        (1) a born U.S. citizen;
19        (2) a naturalized U.S. citizen;
20        (3) a U.S. national; or
21        (4) a person born outside the United States and not a
22    U.S. citizen who is not an unauthorized alien and who is
23    protected from discrimination under the provisions of
24    Section 1324b of Title 8 of the United States Code, as now
25    or hereafter amended.
26    (L) Domestic Worker. "Domestic worker" means a person



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1employed in a home or residence for the purpose of caring for a
2child, serving as a companion for a sick, convalescing, or
3elderly person, housekeeping, or for any other domestic service
4purpose. "Domestic worker" does not include any individual:
5        (1) working on a casual basis;
6        (2) who is engaged in providing companionship
7    services, as defined in paragraph 15 of subdivision (a) of
8    Section 213 of the Fair Labor Standards Act of 1938, and
9    who is employed by an employer or agency other than the
10    family or household using his or her services; or
11        (3) who is a relative through blood, marriage or
12    adoption of:
13            (A) the employer; or
14            (B) the person for whom the worker is delivering
15        services under a program funded or administered by
16        federal, State, or local government.
17(Source: P.A. 97-877, eff. 8-2-12.)
18    Section 10. The Minimum Wage Law is amended by changing
19Sections 3 and 4a as follows:
20    (820 ILCS 105/3)  (from Ch. 48, par. 1003)
21    Sec. 3. As used in this Act:
22    (a) "Director" means the Director of the Department of
23Labor, and "Department" means the Department of Labor.
24    (b) "Wages" means compensation due to an employee by reason



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1of his employment, including allowances determined by the
2Director in accordance with the provisions of this Act for
3gratuities and, when furnished by the employer, for meals and
4lodging actually used by the employee.
5    (c) "Employer" includes any individual, partnership,
6association, corporation, limited liability company, business
7trust, governmental or quasi-governmental body, or any person
8or group of persons acting directly or indirectly in the
9interest of an employer in relation to an employee, for which
10one or more persons are gainfully employed on some day within a
11calendar year. An employer is subject to this Act in a calendar
12year on and after the first day in such calendar year in which
13he employs one or more persons, and for the following calendar
15    (d) "Employee" includes any individual permitted to work by
16an employer in an occupation, but does not include any
17individual permitted to work:
18        (1) For an employer employing fewer than 4 employees
19    exclusive of the employer's parent, spouse or child or
20    other members of his immediate family.
21        (2) As an employee employed in agriculture or
22    aquaculture (A) if such employee is employed by an employer
23    who did not, during any calendar quarter during the
24    preceding calendar year, use more than 500 man-days of
25    agricultural or aquacultural labor, (B) if such employee is
26    the parent, spouse or child, or other member of the



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1    employer's immediate family, (C) if such employee (i) is
2    employed as a hand harvest laborer and is paid on a piece
3    rate basis in an operation which has been, and is
4    customarily and generally recognized as having been, paid
5    on a piece rate basis in the region of employment, (ii)
6    commutes daily from his permanent residence to the farm on
7    which he is so employed, and (iii) has been employed in
8    agriculture less than 13 weeks during the preceding
9    calendar year, (D) if such employee (other than an employee
10    described in clause (C) of this subparagraph): (i) is 16
11    years of age or under and is employed as a hand harvest
12    laborer, is paid on a piece rate basis in an operation
13    which has been, and is customarily and generally recognized
14    as having been, paid on a piece rate basis in the region of
15    employment, (ii) is employed on the same farm as his parent
16    or person standing in the place of his parent, and (iii) is
17    paid at the same piece rate as employees over 16 are paid
18    on the same farm.
19        (3) In domestic service in or about a private home,
20    except as otherwise provided in Section 4a.
21        (4) As an outside salesman.
22        (5) As a member of a religious corporation or
23    organization.
24        (6) At an accredited Illinois college or university
25    employed by the college or university at which he is a
26    student who is covered under the provisions of the Fair



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1    Labor Standards Act of 1938, as heretofore or hereafter
2    amended.
3        (7) For a motor carrier and with respect to whom the
4    U.S. Secretary of Transportation has the power to establish
5    qualifications and maximum hours of service under the
6    provisions of Title 49 U.S.C. or the State of Illinois
7    under Section 18b-105 (Title 92 of the Illinois
8    Administrative Code, Part 395 - Hours of Service of
9    Drivers) of the Illinois Vehicle Code.
10    The above exclusions from the term "employee" may be
11further defined by regulations of the Director.
12    (e) "Occupation" means an industry, trade, business or
13class of work in which employees are gainfully employed.
14    (f) "Gratuities" means voluntary monetary contributions to
15an employee from a guest, patron or customer in connection with
16services rendered.
17    (g) "Outside salesman" means an employee regularly engaged
18in making sales or obtaining orders or contracts for services
19where a major portion of such duties are performed away from
20his employer's place of business.
21    (h) "Day camp" means a seasonal recreation program in
22operation for no more than 16 weeks intermittently throughout
23the calendar year, accommodating for profit or under
24philanthropic or charitable auspices, 5 or more children under
2518 years of age, not including overnight programs. The term
26"day camp" does not include a "day care agency", "child care



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1facility" or "foster family home" as licensed by the Illinois
2Department of Children and Family Services.
3    (i) "Domestic worker" means a person employed in a home or
4residence for the purpose of caring for a child, serving as a
5companion for a sick, convalescing, or elderly person,
6housekeeping, or for any other domestic service purpose.
7"Domestic worker" does not include any individual:
8        (1) working on a casual basis;
9        (2) who is engaged in providing companionship
10    services, as defined in paragraph 15 of subdivision (a) of
11    Section 213 of the Fair Labor Standards Act of 1938, and
12    who is employed by an employer or agency other than the
13    family or household using his or her services; or
14        (3) who is a relative through blood, marriage or
15    adoption of:
16            (A) the employer; or
17            (B) the person for whom the worker is delivering
18        services under a program funded or administered by
19        federal, State, or local government.
20(Source: P.A. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)
21    (820 ILCS 105/4a)  (from Ch. 48, par. 1004a)
22    Sec. 4a. (1) Except as otherwise provided in this Section,
23no employer shall employ any of his employees for a workweek of
24more than 40 hours unless such employee receives compensation
25for his employment in excess of the hours above specified at a



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1rate not less than 1 1/2 times the regular rate at which he is
3    (1.5) No employer who employs a domestic worker shall
4require the domestic worker to work more than 40 hours in a
5week, or 44 hours in a week for a domestic worker who resides
6in the home of his or her employer, unless he or she receives
7compensation for overtime work at a rate not less than 1.5
8times the regular rate at which he or she is employed.
9    (2) The provisions of subsection (1) of this Section are
10not applicable to:
11        A. Any salesman or mechanic primarily engaged in
12    selling or servicing automobiles, trucks or farm
13    implements, if he is employed by a nonmanufacturing
14    establishment primarily engaged in the business of selling
15    such vehicles or implements to ultimate purchasers.
16        B. Any salesman primarily engaged in selling trailers,
17    boats, or aircraft, if he is employed by a nonmanufacturing
18    establishment primarily engaged in the business of selling
19    trailers, boats, or aircraft to ultimate purchasers.
20        C. Any employer of agricultural labor, with respect to
21    such agricultural employment.
22        D. Any employee of a governmental body excluded from
23    the definition of "employee" under paragraph (e)(2)(C) of
24    Section 3 of the Federal Fair Labor Standards Act of 1938.
25        E. Any employee employed in a bona fide executive,
26    administrative or professional capacity, including any



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1    radio or television announcer, news editor, or chief
2    engineer, as defined by or covered by the Federal Fair
3    Labor Standards Act of 1938 and the rules adopted under
4    that Act, as both exist on March 30, 2003, but compensated
5    at the amount of salary specified in subsections (a) and
6    (b) of Section 541.600 of Title 29 of the Code of Federal
7    Regulations as proposed in the Federal Register on March
8    31, 2003 or a greater amount of salary as may be adopted by
9    the United States Department of Labor. For bona fide
10    executive, administrative, and professional employees of
11    not-for-profit corporations, the Director may, by
12    regulation, adopt a weekly wage rate standard lower than
13    that provided for executive, administrative, and
14    professional employees covered under the Fair Labor
15    Standards Act of 1938, as now or hereafter amended.
16        F. Any commissioned employee as described in paragraph
17    (i) of Section 7 of the Federal Fair Labor Standards Act of
18    1938 and rules and regulations promulgated thereunder, as
19    now or hereafter amended.
20        G. Any employment of an employee in the stead of
21    another employee of the same employer pursuant to a
22    worktime exchange agreement between employees.
23        H. Any employee of a not-for-profit educational or
24    residential child care institution who (a) on a daily basis
25    is directly involved in educating or caring for children
26    who (1) are orphans, foster children, abused, neglected or



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1    abandoned children, or are otherwise homeless children and
2    (2) reside in residential facilities of the institution and
3    (b) is compensated at an annual rate of not less than
4    $13,000 or, if the employee resides in such facilities and
5    receives without cost board and lodging from such
6    institution, not less than $10,000.
7        I. Any employee employed as a crew member of any
8    uninspected towing vessel, as defined by Section 2101(40)
9    of Title 46 of the United States Code, operating in any
10    navigable waters in or along the boundaries of the State of
11    Illinois.
12    (3) Any employer may employ any employee for a period or
13periods of not more than 10 hours in the aggregate in any
14workweek in excess of the maximum hours specified in subsection
15(1) of this Section without paying the compensation for
16overtime employment prescribed in subsection (1) if during that
17period or periods the employee is receiving remedial education
19        (a) is provided to employees who lack a high school
20    diploma or educational attainment at the eighth grade
21    level;
22        (b) is designed to provide reading and other basic
23    skills at an eighth grade level or below; and
24        (c) does not include job specific training.
25    (4) A governmental body is not in violation of subsection
26(1) if the governmental body provides compensatory time



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1pursuant to paragraph (o) of Section 7 of the Federal Fair
2Labor Standards Act of 1938, as now or hereafter amended, or is
3engaged in fire protection or law enforcement activities and
4meets the requirements of paragraph (k) of Section 7 or
5paragraph (b)(20) of Section 13 of the Federal Fair Labor
6Standards Act of 1938, as now or hereafter amended.
7(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)
8    Section 15. The One Day Rest In Seven Act is amended by
9changing Section 2 as follows:
10    (820 ILCS 140/2)  (from Ch. 48, par. 8b)
11    Sec. 2. Hours and days of rest in every calendar week.
12    (a) Every employer shall allow every employee except those
13specified in this Section at least twenty-four consecutive
14hours of rest in every calendar week in addition to the regular
15period of rest allowed at the close of each working day.
16    (b) Every person employed as a domestic worker as defined
17in Section 3 of the Minimum Wage Law shall be allowed at least
1824 consecutive hours of rest in every calendar week. This
19subsection (b) does not prohibit a domestic worker from
20voluntarily agreeing to work on such day of rest required by
21this subsection (b); provided that the worker is compensated at
22the overtime rate for all hours worked on such day of rest. The
23day of rest authorized under this subsection (b) should,
24whenever possible, coincide with the traditional day reserved



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1by the domestic worker for religious worship. In addition,
2after one year of work with the same employer a domestic worker
3shall be entitled to at least 3 days of rest in each calendar
4year at the regular rate of compensation.
5    (c) This Section does not apply to the following:
6        (1) Part-time employees whose total work hours for one
7    employer during a calendar week do not exceed 20; and
8        (2) Employees needed in case of breakdown of machinery
9    or equipment or other emergency requiring the immediate
10    services of experienced and competent labor to prevent
11    injury to person, damage to property, or suspension of
12    necessary operation; and
13        (3) Employees employed in agriculture or coal mining;
14    and
15        (4) Employees engaged in the occupation of canning and
16    processing perishable agricultural products, if such
17    employees are employed by an employer in such occupation on
18    a seasonal basis and for not more than 20 weeks during any
19    calendar year or 12 month period; and
20        (5) Employees employed as watchmen or security guards;
21    and
22        (6) Employees who are employed in a bonafide executive,
23    administrative, or professional capacity or in the
24    capacity of an outside salesman, as defined in Section 12
25    (a) (1) of the federal Fair Labor Standards Act, as
26    amended, and those employed as supervisors as defined in



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1    Section 2 (11) of the National Labor Relations Act, as
2    amended; and
3        (7) Employees who are employed as crew members of any
4    uninspected towing vessel, as defined by Section 2101(40)
5    of Title 46 of the United States Code, operating in any
6    navigable waters in or along the boundaries of the State of
7    Illinois.
8(Source: P.A. 92-623, eff. 7-11-02.)