HB3696 99TH GENERAL ASSEMBLY

LRB099 09372 JLS 29578 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3696

Introduced , by Rep. Elizabeth Hernandez

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.866 new
775 ILCS 5/2-101	from Ch. 68, par. 2-101
820 ILCS 105/3	from Ch. 48, par. 1003
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. Provides for regulation of the relationship between employers and domestic workers. Imposes responsibilities upon employers and establishes requirements regarding pay, meal periods, sleeping periods, and other conditions of work. Provides for administration and enforcement by the Department of Labor. Creates the Domestic Workers' Fund, a special fund in the State treasury, for deposit of moneys recovered under the Act. Authorizes civil penalties and other relief. Makes changes in the State Finance Act, Illinois Human Rights Act, Minimum Wage Law, Wages of Women and Minors Act, and One Day Rest in Seven Act. 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 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 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) 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 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:

(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 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 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; 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, 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.

"Live-in domestic worker" means a domestic worker residing on the employer's premises during the tenure of employment for 5 days or more per week on a regular basis, whether or not the domestic worker maintains a separate residence.

"Work time" means the time during which a domestic worker is suffered or permitted to work, whether or not required to do so, and whether or not any physical or mental exertion is expended by the domestic worker.

Section 15. Work time.

(a) An employer shall pay the domestic worker for all work time.

(b) Only a period during which a domestic worker is completely relieved from duty and which is long enough to enable him or her to use the time effectively for his or her own purposes (at least 30 minutes) is not work time, such as a 30 minute meal period. Periods of shorter duration must be counted as work time.

(c) When a domestic worker who is not a live-in domestic worker is on duty for a period of 24 consecutive hours or more on a regular basis, the employer and the domestic worker may agree in writing prior to performance of the work to exclude a regularly scheduled sleeping period of no more than 8 hours from work time for each 24-hour period. The written consent shall be part of a written contract if such contract is required under Section 45. The employer shall provide sleeping quarters that are adequate, decent, safe, and sanitary.

(d) If the sleeping time is interrupted by a call to duty, the interruption must be counted as work time. All meal, rest, and sleeping periods shall constitute work time unless otherwise agreed to in writing.

(e) All live-in domestic workers shall be provided a sleeping period of no more than 8 hours. If the sleeping period is interrupted by a call to duty, the interruption must be counted as work time. If the period is interrupted to such an extent that the employee cannot get at least 5 continuous hours of sleep during the scheduled period on a regular basis the entire time is work time.

(f) All wages must be paid within 30 days from the date of any work time.

Section 20. Sleeping facilities, food and beverages, and costs.

(a) An employer shall not charge a domestic worker for the cost of lodging, food and beverages, equipment, uniforms, transportation, or other costs related to his or her employment unless the domestic worker voluntarily and freely accepts, desires, and actually uses such lodging, transportation, equipment, uniforms, or other costs related to his or her employment, or if such food and beverages are voluntarily and freely chosen and consumed by the domestic worker. The amount of these charges shall not individually nor in the aggregate result in the domestic worker earning or receiving less than the minimum wage for any work hour. Limited exceptions to earning or receiving less than the minimum wage may include the cost of benefits offered by the employer such as health insurance where the domestic worker has agreed in writing to contribute to a portion of the cost of the insurance premium.

(b) All live-in domestic workers shall be provided private quarters for sleeping and dressing typically used for that purpose, with reasonable access to bathroom, kitchen, and laundry facilities. No domestic worker shall be required to share a bed.

(c) Lodging under this Section must be in a condition that is safe, healthful, and fit for occupancy and in compliance with terms of a lease, if any, and with the requirements of federal, State, and local law.

(d) Termination of a domestic worker's lodging with his or her employer is subject to a minimum of 14 days' notice to vacate. If such notice is not provided, the employer shall pay the domestic worker 14 days of pay at the regular rate on the date the domestic worker must vacate the lodging with his or her employer, in addition to any severance pay that is due the worker. Such notice need not be given nor payment made if an employer makes contributions on behalf of the domestic worker for unemployment insurance benefits as required under the Unemployment Insurance Act and, if such employer terminates or reduces the hours of the domestic worker, the domestic worker is eligible for and receives such benefits upon termination or reduction in hours. In addition, such notice need not be given nor payment made under limited and extraordinary circumstances, such as when there is probable cause the domestic worker has engaged in child or elder abuse as defined by Illinois law.

(e) An employer shall not employ a domestic worker for work time of more than 5 hours per scheduled work period or shift without the opportunity to eat a meal, whether during work time or not. The opportunity to eat a meal shall be provided no less than once in every 8 hours of consecutive work hours.

Section 25. Show-up time, scheduled work time, and termination.

(a) Two hours of pay at the regular rate shall be paid to any domestic worker who reports to work but is not utilized for a minimum of 2 hours and has not received at least 2 hours prior notice to not report for work.

(b) Notwithstanding subsection (a), if an employer does not require the domestic worker to report to work for 2 or more consecutive scheduled work periods on a temporary basis for any reason, such as the employer's vacation, or any other change in the work time schedule on a temporary or permanent basis, the employer shall provide to the domestic worker notice at least 7 days in advance of the first day the worker is not required to report to work or there is a change in schedule. If such notice is not provided, and the change in work hours results in fewer work hours, the domestic worker shall be paid the hours scheduled to work or 4 hours, whichever is greater, at the regular rate of pay and shall be paid for each subsequent day of involuntary time off if no notice is provided. In circumstances where the change in the work time schedule is not foreseeable by the employer, making advance notice impossible, notice shall be given as soon as practicable, but not longer than 24 hours after the worker was first scheduled for work but was not put to work. In that circumstance, the domestic worker shall be paid in accordance with subsection (a).

(c) If an employer terminates a domestic worker, the employer shall provide to the domestic worker notice of termination at least 14 days in advance of the first day the worker is not required to report to work. If such notice is not provided to domestic workers who work 20 or more hours in any workweek on a regular basis for the terminating employer, the employer shall pay the domestic worker 14 days of severance pay at the regular rate of pay from the date of termination, to be paid no later than the day of termination. If such notice is not provided to domestic workers who work more than 8 hours and less than 20 hours in any workweek on a regular basis for the terminating employer, the employer shall pay the domestic worker 7 days of severance pay at the regular rate of pay from the date of termination, to be paid no later than the date of termination. The amount of severance pay shall be based upon the number of work hours per day and days per workweek the domestic worker works on a regular basis. Such notice need not be given nor severance payment made if an employer makes contributions on behalf of the domestic worker for unemployment insurance benefits as required under the Unemployment Insurance Act and, if such employer terminates or reduces the hours of the domestic worker, the domestic worker is eligible for and receives such benefits upon termination or reduction in hours. Furthermore, such notice need not be given nor is severance pay required under limited and extraordinary circumstances, such as when there is probable cause the domestic worker has engaged in child or elder abuse as defined by Illinois law.

(d) Any provision included in a relevant collective bargaining agreement supersedes this Section, if applicable.

Section 30. Paid time off.

(a) If a domestic worker works for one employer more than 8 hours in any workweek on a regular basis, the employer shall provide paid time off.

(b) Paid time off shall accrue at the rate of one hour of paid time off for every 40 hours of work time for one employer up to the maximum of 40 hours paid time off. Paid time off shall be accrued from the first day of employment, but may not be used until 6 months from the first day of employment, unless the employer agrees. Once the employee has worked for 6 months, 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. If an employer has loaned paid time off in advance of accrual, 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. However, paid time off shall not be used for more than 3 consecutive weeks if it results in a complete absence from employment from the employer subject to the paid time off, unless the employer agrees. 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 7 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.

(c) Paid time off shall carry over annually to the extent not used by the domestic worker; however, nothing in this Act shall be construed to require an employer to allow a worker to use more than 40 hours of paid time off in a year unless an employer agrees to do so.

(d) 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, unless the employer requires the employee to maintain such records as provided in Section 40 of this Act.

(e) 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 that would have been provided if the domestic worker had not taken the leave.

Section 35. Privacy. An employer is not permitted to videotape or otherwise record the domestic worker in any of the bathrooms, 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. An employer shall not unreasonably restrict or interfere with a domestic worker's means of private communication, monitor a domestic worker's private communications, or take any of the domestic worker's documents or other personal effects.

Section 40. Recordkeeping requirements.

(a) 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 any reason, and any other information the Director may by rule deem necessary and appropriate for enforcement of this Act. The employer may use an accountant or payroll or similar service to make and preserve records on the employer's behalf required under this Section.

(b) The employer is required to maintain the records specified in subsection (a). However, the employer may require the employee to record hours worked and paid time off information and submit such records to the employer. Where there is a reasonable agreement, as indicated in subsection (c) of Section 45, the written contract may be used to establish the employee's hours of work in lieu of maintaining precise records of the hours actually worked. The employer shall keep a copy of the contract and indicate that the employee's work time generally coincides with the contract. If there is significant deviation from the initial contract, a separate record shall be kept for that period or a new contract shall be reached that reflects actual facts.

(c) An employer subject to any provision of this Act shall preserve the records for a period of not less than 3 years, unless the records relate to an ongoing investigation or enforcement action under this Act, in which case the records must be maintained until there is an exhaustion of remedies.

(d) An employer shall, upon the oral request of a current or former employee or his or her representative, make the records available for inspection and copying by a current or former employee or his or her representative at an agreed upon location and time 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. 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.

(e) 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 more than 8 hours in the aggregate for the relevant workweek shall satisfy any documentation requirements of hours worked under this Act. 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 45. Notice and written contract.

(a) The Department shall create a sample written notice and a sample written contract in English, Spanish, and Polish, and shall make the documents available for retrieval at no charge from the Department's website. No notice or written contract shall limit or diminish the scope of this Act or any rights, privileges, or remedies of a domestic worker provided under this Act, or under any other local, State, or federal law or relevant collective bargaining agreement.

(b) 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, including overtime;

(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, the days of the week that are work days, and period of employment, including any meal breaks and rest periods; where work hours are irregular from day to day or week to week by mutual agreement, an average monthly work schedule may satisfy this requirement;

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

(7) show up time, changes in scheduled work time, termination and severance pay policies;

(8) any employee benefit to be provided, and any costs to be charged for each benefit;

(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;

(10) contact information for the employer and the domestic worker to enable the best way to communicate, particularly in the event of an emergency or change in schedule;

(11) the employer's contact information, including his or her full name, mailing address, and phone numbers; and

(12) any provision included in a relevant collective bargaining agreement, if applicable.

(c) If the domestic worker works for one employer more than 8 hours in any workweek on a regular basis, the employer shall provide a written contract. The contract shall be presented to the domestic worker no later than the first day of employment and shall be signed by both the employer and the domestic worker within 10 calendar days after the first day of employment. A new contract shall be signed when there is a material change in the terms of employment. The contract shall include:

(1) the name of the domestic worker and the name of the employer;

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

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

(4) the frequency of the payment of wages;

(5) the hours per day, days per week, days of the week that are work days, and where applicable, meal breaks and rest periods, paid and unpaid time off, vacations and holidays, and any foreseeable changes in work schedule, such as a reduction or increase in hours per week or weeks per month;

(6) any benefits the employer provides and any costs the domestic worker is expected to pay associated with those benefits such as health insurance, if any;

(7) a description of the living accommodations provided by the employer and policies on vacating the premises;

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

(9) the process for addressing increasing wages and the process for addressing grievances;

(10) the right to privacy as required under Section 35 of this Act;

(11) show up time, changes in scheduled work time, and termination and severance pay policies;

(12) the contract period;

(13) the policies for reimbursement for work-related expenses;

(14) any other terms and conditions of employment including workplace hazards that may make the domestic worker vulnerable to illnesses and other physical problems;

(15) 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;

(16) contact information for the employer and the domestic worker to enable the best way to communicate, particularly in the event of an emergency or change in schedule;

(17) the employer's contact information, including his or her full name, mailing address, and phone numbers; and

(18) any provision included in a relevant collective bargaining agreement, if applicable.

If a valid written contract that complies with this Section is entered into by an individual domestic worker and an employer, the written contract may include an alternative reasonable agreement as to certain provisions of this Act, as indicated in those Sections, as long as the domestic worker is compensated for all work time.

Section 50. Prohibited acts.

(a) It is unlawful and a violation of this Act for any employer or any other person to discharge, threaten, penalize, or in any other manner discriminate, retaliate, or take any adverse action against an employee, because the employee or a person or organization acting on the employee's behalf:

(1) exercises rights or attempts to exercise rights under this Act;

(2) opposes practices such employee believes to be in violation of this Act; or

(3) supports the exercise of rights under this Act.

(b) Exercising rights, opposing practices, or supporting the exercise of rights under this Act includes:

(1) filing an action or instituting or causing to be instituted any proceeding under or related to this Act;

(2) providing or preparing to provide any information in connection with any inquiry or proceeding relating to any right provided under this Act;

(3) 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

(4) 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.

(c) 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.

(d) It is 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 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.

Section 55. Enforcement.

(a) A domestic worker aggrieved by a violation of this Act or any rule adopted under this Act shall be entitled to recover any appropriate damages or other relief set forth in subsection (b) of this Section in a civil action or through a claim filed with the Department. Actions may be brought by one or more domestic workers for and on behalf of themselves and other domestic workers similarly situated. Any such action shall be brought no more than 3 years after the date of the last event that constitutes an alleged violation for which the action is brought.

(b) A domestic worker aggrieved by a violation of this Act or any rule adopted under this Act shall be entitled to recover:

(1) all actual and compensatory damages including the amount of any wages, compensation, or benefits owed or other compensation denied or lost to the person by reason of the violation, with interest at the prevailing rate as is necessary to remedy violations of this Act, as well as punitive damages;

(2) any equitable relief as may be appropriate; and

(3) reasonable attorney's fees, reasonable expert witness fees, and other costs of the action.

(c) Any employer that the Department or a court finds by the preponderance of evidence to have knowingly, repeatedly, or with reckless disregard violated any provision of this Act or any rule adopted under this Act is subject to civil money penalty of (1) up to $250 for each separate offense if the other relief imposed under subsection (b) is $1,000 or less or (2) a minimum of $250 and up to $3,000 for each separate offense if the damages or other relief imposed under subsection (b) is more than $1,000. In determining the amount of the penalty, the gravity of the violation shall be considered. Any assessed penalties are payable to the domestic worker and shall include interest at the prevailing rate necessary to remedy violations of this Act.

(d) Claims filed in circuit court shall be filed 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.

(e) Claims filed under this Act with the Department shall be subject to the administrative procedures set forth herein and by rule for the enforcement of this Act. For claims brought at the same time before the Department under this Act and the Minimum Wage Law or the One Day Rest in Seven Act, it shall be the decision of the domestic worker whether or not to proceed under the administrative enforcement procedures set forth in the Minimum Wage Law or the One Day Rest in Seven Act or to proceed under the administrative procedures set forth herein and by rule for the enforcement of this Act.

(f) The Department shall have the power to conduct investigations in connection with the administration and enforcement of this Act. The Director or his or her representative may compel by subpoena, the attendance and testimony of witnesses and the production of books, payrolls, records, papers, and other evidence in any investigation and may administer oaths to witnesses. If, upon investigation, the Department finds cause to believe that this Act has been violated, the Department shall notify the parties, in writing, and the matter shall be referred to an Administrative Law Judge to schedule a formal hearing in accordance with hearing procedures established by rule.

Where the Department has found that an employer has failed to pay wages or overtime to an employee as required by the Minimum Wage Law, the employee shall be entitled to receive the penalties provided under the Minimum Wage Law.

Any employer who has been ordered to pay wages, benefits, and other compensation or other relief due under this Act or under the Minimum Wage Law or One Day Rest in Seven Act, when the administrative procedures of those Acts have been waived as provided in subsection (e), and who fails to seek timely review of such an order as provided under this Act and who fails to comply within 15 calendar days after such demand or within 35 days of an administrative or court order is entered shall also be liable to pay a penalty to the Department of 20% of the amount found owing. All moneys recovered as fees and penalties by the Department under this Act, except those owing to the affected employee, shall be deposited into the Domestic Workers' Fund, a special fund created in the State treasury. Money in the Fund shall be used by the Department for administration, investigation, and other expenses incurred in carrying out its duties under this Act.

A final decision of an Administrative Law Judge issued pursuant to this Section is subject to the provisions of the Administrative Review Law and shall be enforceable in an action brought in the name of the people of the State of Illinois by the Attorney General.

Section 60. Administrative authority. The Department shall administer and enforce this Act. The Director shall adopt rules necessary to administer and enforce this Act in accordance with the Illinois Administrative Procedure Act.

Section 65. Construction. Nothing in this Act shall be construed to affect any policies or practices of an employer that provides greater, additional or more generous wages, benefits or working conditions to a domestic worker than those required under this Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 135. The State Finance Act is amended by adding Section 5.866 as follows:

(30 ILCS 105/5.866 new)

Sec. 5.866. The Domestic Workers' Fund.

Section 140. 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.

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 occasionally impede the operations of the employer.

(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, pregnancy, 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.

(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.

(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.)

Section 145. The Minimum Wage Law is amended by changing Section 3 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, 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:

(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.

(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.)

Section 150. 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 155. 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. 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.

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. The hours and days of rest allowed under this Act shall be in addition to any paid time off earned under Section 30 of the Domestic Workers' Bill of Rights Act.

(b) Subsection (a) 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 999. Effective date. This Act takes effect upon becoming law.