Illinois General Assembly - Full Text of HB3395
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3395  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Lilian Jiménez


820 ILCS 105/3  from Ch. 48, par. 1003
820 ILCS 105/4a  from Ch. 48, par. 1004a

    Amends the Minimum Wage Law. Provides that the definition of "employee" includes specified workers employed in agriculture. In provisions requiring the payment of overtime, removes the exclusion of employers of agricultural labor with respect to agricultural employment.

LRB103 26342 SPS 52703 b





HB3395LRB103 26342 SPS 52703 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 Minimum Wage Law is amended by changing
5Sections 3 and 4a as follows:
6    (820 ILCS 105/3)  (from Ch. 48, par. 1003)
7    Sec. 3. As used in this Act:
8    (a) "Director" means the Director of the Department of
9Labor, and "Department" means the Department of Labor.
10    (b) "Wages" means compensation due to an employee by
11reason of his employment, including allowances determined by
12the Director in accordance with the provisions of this Act for
13gratuities and, when furnished by the employer, for meals and
14lodging actually used by the employee.
15    (c) "Employer" includes any individual, partnership,
16association, corporation, limited liability company, business
17trust, governmental or quasi-governmental body, or any person
18or group of persons acting directly or indirectly in the
19interest of an employer in relation to an employee, for which
20one or more persons are gainfully employed on some day within a
21calendar year. An employer is subject to this Act in a calendar
22year on and after the first day in such calendar year in which
23he employs one or more persons, and for the following calendar



HB3395- 2 -LRB103 26342 SPS 52703 b

2    (d) "Employee" includes any individual permitted to work
3by an employer in an occupation, and includes the following:
4(i) , notwithstanding subdivision (1) of this subsection (d),
5one or more domestic workers as defined in Section 10 of the
6Domestic Workers' Bill of Rights Act; and (ii) any individual
7employed in agriculture, except as provided in paragraph (2).
8"Employee" , but does not include any individual permitted to
10        (1) For an employer employing fewer than 4 employees
11    exclusive of the employer's parent, spouse or child or
12    other members of his immediate family.
13        (2) As an employee employed in agriculture or
14    aquaculture (A) if such employee is employed by an
15    employer who did not, during any calendar quarter during
16    the preceding calendar year, use more than 500 man-days of
17    agricultural or aquacultural labor, (B) if such employee
18    is the parent, spouse or child, or other member of the
19    employer's immediate family, (B) (C) if such employee (i)
20    is employed as a hand harvest laborer and is paid on a
21    piece rate basis in an operation which has been, and is
22    customarily and generally recognized as having been, paid
23    on a piece rate basis in the region of employment, (ii)
24    commutes daily from his permanent residence to the farm on
25    which he is so employed, and (iii) has been employed in
26    agriculture less than 13 weeks during the preceding



HB3395- 3 -LRB103 26342 SPS 52703 b

1    calendar year, (C) (D) if such employee (other than an
2    employee described in clause (B) (C) of this
3    subparagraph): (i) is 16 years of age or under and is
4    employed as a hand harvest laborer, is paid on a piece rate
5    basis in an operation which has been, and is customarily
6    and generally recognized as having been, paid on a piece
7    rate basis in the region of employment, (ii) is employed
8    on the same farm as his parent or person standing in the
9    place of his parent, and (iii) is paid at the same piece
10    rate as employees over 16 are paid on the same farm.
11        (3) (Blank).
12        (4) As an outside salesman.
13        (5) As a member of a religious corporation or
14    organization.
15        (6) At an accredited Illinois college or university
16    employed by the college or university at which he is a
17    student who is covered under the provisions of the Fair
18    Labor Standards Act of 1938, as heretofore or hereafter
19    amended.
20        (7) For a motor carrier and with respect to whom the
21    U.S. Secretary of Transportation has the power to
22    establish qualifications and maximum hours of service
23    under the provisions of Title 49 U.S.C. or the State of
24    Illinois under Section 18b-105 (Title 92 of the Illinois
25    Administrative Code, Part 395 - Hours of Service of
26    Drivers) of the Illinois Vehicle Code.



HB3395- 4 -LRB103 26342 SPS 52703 b

1        (8) As an employee employed as a player who is 28 years
2    old or younger, a manager, a coach, or an athletic trainer
3    by a minor league professional baseball team not
4    affiliated with a major league baseball club, if (A) the
5    minor league professional baseball team does not operate
6    for more than 7 months in any calendar year or (B) during
7    the preceding calendar year, the minor league professional
8    baseball team's average receipts for any 6-month period of
9    the year were not more than 33 1/3% of its average receipts
10    for the other 6 months of the year.
11    The above exclusions from the term "employee" may be
12further defined by regulations of the Director.
13    (e) "Occupation" means an industry, trade, business or
14class of work in which employees are gainfully employed.
15    (f) "Gratuities" means voluntary monetary contributions to
16an employee from a guest, patron or customer in connection
17with services rendered.
18    (g) "Outside salesman" means an employee regularly engaged
19in making sales or obtaining orders or contracts for services
20where a major portion of such duties are performed away from
21his employer's place of business.
22    (h) "Day camp" means a seasonal recreation program in
23operation for no more than 16 weeks intermittently throughout
24the calendar year, accommodating for profit or under
25philanthropic or charitable auspices, 5 or more children under
2618 years of age, not including overnight programs. The term



HB3395- 5 -LRB103 26342 SPS 52703 b

1"day camp" does not include a "day care agency", "child care
2facility" or "foster family home" as licensed by the Illinois
3Department of Children and Family Services.
4(Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)
5    (820 ILCS 105/4a)  (from Ch. 48, par. 1004a)
6    Sec. 4a. (1) Except as otherwise provided in this Section,
7no employer shall employ any of his employees for a workweek of
8more than 40 hours unless such employee receives compensation
9for his employment in excess of the hours above specified at a
10rate not less than 1 1/2 times the regular rate at which he is
12    (2) The provisions of subsection (1) of this Section are
13not applicable to:
14        A. Any salesman or mechanic primarily engaged in
15    selling or servicing automobiles, trucks or farm
16    implements, if he is employed by a nonmanufacturing
17    establishment primarily engaged in the business of selling
18    such vehicles or implements to ultimate purchasers.
19        B. Any salesman primarily engaged in selling trailers,
20    boats, or aircraft, if he is employed by a
21    nonmanufacturing establishment primarily engaged in the
22    business of selling trailers, boats, or aircraft to
23    ultimate purchasers.
24        C. (Blank). Any employer of agricultural labor, with
25    respect to such agricultural employment.



HB3395- 6 -LRB103 26342 SPS 52703 b

1        D. Any employee of a governmental body excluded from
2    the definition of "employee" under paragraph (e)(2)(C) of
3    Section 3 of the Federal Fair Labor Standards Act of 1938.
4        E. Any employee employed in a bona fide executive,
5    administrative or professional capacity, including any
6    radio or television announcer, news editor, or chief
7    engineer, as defined by or covered by the Federal Fair
8    Labor Standards Act of 1938 and the rules adopted under
9    that Act, as both exist on March 30, 2003, but compensated
10    at the amount of salary specified in subsections (a) and
11    (b) of Section 541.600 of Title 29 of the Code of Federal
12    Regulations as proposed in the Federal Register on March
13    31, 2003 or a greater amount of salary as may be adopted by
14    the United States Department of Labor. For bona fide
15    executive, administrative, and professional employees of
16    not-for-profit corporations, the Director may, by
17    regulation, adopt a weekly wage rate standard lower than
18    that provided for executive, administrative, and
19    professional employees covered under the Fair Labor
20    Standards Act of 1938, as now or hereafter amended.
21        F. Any commissioned employee as described in paragraph
22    (i) of Section 7 of the Federal Fair Labor Standards Act of
23    1938 and rules and regulations promulgated thereunder, as
24    now or hereafter amended.
25        G. Any employment of an employee in the stead of
26    another employee of the same employer pursuant to a



HB3395- 7 -LRB103 26342 SPS 52703 b

1    worktime exchange agreement between employees.
2        H. Any employee of a not-for-profit educational or
3    residential child care institution who (a) on a daily
4    basis is directly involved in educating or caring for
5    children who (1) are orphans, foster children, abused,
6    neglected or abandoned children, or are otherwise homeless
7    children and (2) reside in residential facilities of the
8    institution and (b) is compensated at an annual rate of
9    not less than $13,000 or, if the employee resides in such
10    facilities and receives without cost board and lodging
11    from such institution, not less than $10,000.
12        I. Any employee employed as a crew member of any
13    uninspected towing vessel, as defined by Section 2101(40)
14    of Title 46 of the United States Code, operating in any
15    navigable waters in or along the boundaries of the State
16    of Illinois.
17        J. Any employee who is a member of a bargaining unit
18    recognized by the Illinois Labor Relations Board and whose
19    union has contractually agreed to an alternate shift
20    schedule as allowed by subsection (b) of Section 7 of the
21    Fair Labor Standards Act of 1938.
22    (3) Any employer may employ any employee for a period or
23periods of not more than 10 hours in the aggregate in any
24workweek in excess of the maximum hours specified in
25subsection (1) of this Section without paying the compensation
26for overtime employment prescribed in subsection (1) if during



HB3395- 8 -LRB103 26342 SPS 52703 b

1that period or periods the employee is receiving remedial
2education that:
3        (a) is provided to employees who lack a high school
4    diploma or educational attainment at the eighth grade
5    level;
6        (b) is designed to provide reading and other basic
7    skills at an eighth grade level or below; and
8        (c) does not include job specific training.
9    (4) A governmental body is not in violation of subsection
10(1) if the governmental body provides compensatory time
11pursuant to paragraph (o) of Section 7 of the Federal Fair
12Labor Standards Act of 1938, as now or hereafter amended, or is
13engaged in fire protection or law enforcement activities and
14meets the requirements of paragraph (k) of Section 7 or
15paragraph (b)(20) of Section 13 of the Federal Fair Labor
16Standards Act of 1938, as now or hereafter amended.
17(Source: P.A. 99-17, eff. 1-1-16.)