Full Text of HB1288 99th General Assembly
HB1288eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Domestic Workers' Bill of Rights Act. | 6 | | Section 5. Purpose and findings. Domestic workers play a | 7 | | critical role in Illinois' economy, working to ensure the | 8 | | health and prosperity of Illinois families and freeing others | 9 | | to participate in the workforce. Despite the value of their | 10 | | work, domestic workers have historically been excluded from the | 11 | | protections under State law extended to workers in other | 12 | | industries. Domestic workers are predominantly women who labor | 13 | | to support families and children of their own and who receive | 14 | | low pay and minimal or no benefits. Without clear standards | 15 | | governing their workplaces, and working alone and behind closed | 16 | | doors, domestic workers are among the most isolated and | 17 | | vulnerable workforce in the State. Workforce projections are | 18 | | one of growth for domestic workers, but the lack of decent pay | 19 | | and other workplace protections undermines the likelihood of | 20 | | building and maintaining a reliable and experienced workforce | 21 | | that is able to meet the needs of Illinois families. Therefore, | 22 | | the General Assembly finds that because domestic workers care | 23 | | for the most important elements of Illinoisans' lives, our |
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| 1 | | families and our homes, it is in the interest of employees, | 2 | | employers, and the people of Illinois to ensure that the rights | 3 | | of domestic workers are respected, protected, and enforced and | 4 | | that this Act shall be interpreted liberally to aid this | 5 | | purpose. | 6 | | Section 10. Definitions. As used in this Act: | 7 | | "Domestic work" means: | 8 | | (1) housekeeping; | 9 | | (2) house cleaning; | 10 | | (3) home management; | 11 | | (4) nanny services including childcare and child | 12 | | monitoring; | 13 | | (5) caregiving, personal care or home health services | 14 | | for elderly persons or persons with an illness, injury, or | 15 | | disability who require assistance in caring for | 16 | | themselves; | 17 | | (6) laundering; | 18 | | (7) cooking; | 19 | | (8) companion services; | 20 | | (9) chauffeuring; or | 21 | | (10) other household services for members of | 22 | | households or their guests in or about a private home or | 23 | | residence or any other location where the domestic work is | 24 | | performed. | 25 | | "Domestic worker" means a person employed to perform |
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| 1 | | domestic work. "Domestic worker" does not include: (i) a person | 2 | | performing domestic work who is the employer's parent, spouse, | 3 | | child, or other member of his or her immediate family, | 4 | | exclusive of individuals whose primary work duties are | 5 | | caregiving, companion services, personal care or home health | 6 | | services for elderly persons or persons with an illness, | 7 | | injury, or disability who require assistance in caring for | 8 | | themselves; (ii) child and day care home providers | 9 | | participating in the child care assistance program under | 10 | | Section 9A-11 of the Illinois Public Aid Code; (iii) a person | 11 | | who is employed by one or more employers in or about a private | 12 | | home or residence or any other location where the domestic work | 13 | | is performed for 8 hours or less in the aggregate in any | 14 | | workweek on a regular basis, exclusive of individuals whose | 15 | | primary work duties are caregiving, companion services, | 16 | | personal care or home health services for elderly persons or | 17 | | persons with an illness, injury, or disability who require | 18 | | assistance in caring for themselves; or (iv) a person who the | 19 | | employer establishes: (A) has been and will continue to be free | 20 | | from control and direction over the performance of his or her | 21 | | work, both under a contract of service and in fact; (B) is | 22 | | engaged in an independently established trade, occupation, | 23 | | profession or business; or (C) is deemed a legitimate sole | 24 | | proprietor or partnership. A sole proprietor or partnership | 25 | | shall be deemed to be legitimate if the employer establishes | 26 | | that: |
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| 1 | | (1) the sole proprietor or partnership is performing | 2 | | the service free from the direction or control over the | 3 | | means and manner of providing the service, subject only to | 4 | | the right of the employer for whom the service is provided | 5 | | to specify the desired result; | 6 | | (2) the sole proprietor or partnership is not subject | 7 | | to cancellation or destruction upon severance of the | 8 | | relationship with the employer; | 9 | | (3) the sole proprietor or partnership has a | 10 | | substantial investment of capital in the sole | 11 | | proprietorship or partnership beyond ordinary tools and | 12 | | equipment and a personal vehicle; | 13 | | (4) the sole proprietor or partnership owns the capital | 14 | | goods and gains the profits and bears the losses of the | 15 | | sole proprietorship or partnership; | 16 | | (5) the sole proprietor or partnership makes its | 17 | | services available to the general public on a continuing | 18 | | basis; | 19 | | (6) the sole proprietor or partnership includes | 20 | | services rendered on a Federal Income Tax Schedule as an | 21 | | independent business or profession; | 22 | | (7) the sole proprietor or partnership performs | 23 | | services for the contractor under the sole | 24 | | proprietorship's or partnership's name; | 25 | | (8) when the services being provided require a license | 26 | | or permit, the sole proprietor or partnership obtains and |
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| 1 | | pays for the license or permit in the sole proprietorship's | 2 | | or partnership's name; | 3 | | (9) the sole proprietor or partnership furnishes the | 4 | | tools and equipment necessary to provide the service; | 5 | | (10) if necessary, the sole proprietor or partnership | 6 | | hires its own employees without approval of the employer, | 7 | | pays the employees without reimbursement from the employer | 8 | | and reports the employees' income to the Internal Revenue | 9 | | Service; | 10 | | (11) the employer does not represent the sole | 11 | | proprietorship or partnership as an employee of the | 12 | | employer to the public; and | 13 | | (12) the sole proprietor or partnership has the right | 14 | | to perform similar services for others on whatever basis | 15 | | and whenever it chooses. | 16 | | "Employ" includes to suffer or permit to work. | 17 | | "Employee" means a domestic worker. | 18 | | "Employer" means: any individual; partnership; | 19 | | association; corporation; limited liability company; business | 20 | | trust; employment and labor placement agency where wages are | 21 | | made directly or indirectly by the agency or business for work | 22 | | undertaken by employees under hire to a third party pursuant to | 23 | | a contract between the business or agency with the third party; | 24 | | the State of Illinois and local governments, or any political | 25 | | subdivision of the State or local government, or State or local | 26 | | government agency; for which one or more persons is gainfully |
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| 1 | | employed, express or implied, whether lawfully or unlawfully | 2 | | employed, who employs a domestic worker or who exercises | 3 | | control over the domestic worker's wage, remuneration, or other | 4 | | compensation, hours of employment, place of employment, or | 5 | | working conditions, or whose agent or any other person or group | 6 | | of persons acting directly or indirectly in the interest of an | 7 | | employer in relation to the employee exercises control over the | 8 | | domestic worker's wage, remuneration or other compensation, | 9 | | hours of employment, place of employment, or working | 10 | | conditions. | 11 | | Section 90. Severability. The provisions of this Act are | 12 | | severable under Section 1.31 of the Statute on Statutes. | 13 | | Section 92. The Illinois Human Rights Act is amended by | 14 | | changing Section 2-101 as follows:
| 15 | | (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
| 16 | | Sec. 2-101. Definitions. The following definitions are | 17 | | applicable
strictly in the context of this Article.
| 18 | | (A) Employee.
| 19 | | (1) "Employee" includes:
| 20 | | (a) Any individual performing services for | 21 | | remuneration within this
State for an employer;
| 22 | | (b) An apprentice;
| 23 | | (c) An applicant for any apprenticeship.
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| 1 | | For purposes of subsection (D) of Section 2-102 of this | 2 | | Act, "employee" also includes an unpaid intern. An unpaid | 3 | | intern is a person who performs work for an employer under | 4 | | the following circumstances: | 5 | | (i) the employer is not committed to hiring the | 6 | | person performing the work at the conclusion of the | 7 | | intern's tenure; | 8 | | (ii) the employer and the person performing the | 9 | | work agree that the person is not entitled to wages for | 10 | | the work performed; and | 11 | | (iii) the work performed: | 12 | | (I) supplements training given in an | 13 | | educational environment that may enhance the | 14 | | employability of the intern; | 15 | | (II) provides experience for the benefit of | 16 | | the person performing the work; | 17 | | (III) does not displace regular employees; | 18 | | (IV) is performed under the close supervision | 19 | | of existing staff; and | 20 | | (V) provides no immediate advantage to the | 21 | | employer providing the training and may
| 22 | | occasionally impede the operations of the | 23 | | employer. | 24 | | (2) "Employee" does not include:
| 25 | | (a) (Blank); Domestic servants in private homes;
| 26 | | (b) Individuals employed by persons who are not |
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| 1 | | "employers" as
defined by this Act;
| 2 | | (c) Elected public officials or the members of | 3 | | their immediate
personal staffs;
| 4 | | (d) Principal administrative officers of the State | 5 | | or of any
political subdivision, municipal corporation | 6 | | or other governmental unit
or agency;
| 7 | | (e) A person in a vocational rehabilitation | 8 | | facility certified under
federal law who has been | 9 | | designated an evaluee, trainee, or work
activity | 10 | | client.
| 11 | | (B) Employer.
| 12 | | (1) "Employer" includes:
| 13 | | (a) Any person employing 15 or more employees | 14 | | within Illinois during
20 or more calendar weeks within | 15 | | the calendar year of or preceding the alleged
| 16 | | violation;
| 17 | | (b) Any person employing one or more employees when | 18 | | a complainant
alleges civil rights violation due to | 19 | | unlawful discrimination based
upon his or her physical | 20 | | or mental disability unrelated to ability, pregnancy, | 21 | | or
sexual harassment;
| 22 | | (c) The State and any political subdivision, | 23 | | municipal corporation
or other governmental unit or | 24 | | agency, without regard to the number of
employees;
| 25 | | (d) Any party to a public contract without regard | 26 | | to the number of
employees;
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| 1 | | (e) A joint apprenticeship or training committee | 2 | | without regard to the
number of employees.
| 3 | | (2) "Employer" does not include any religious | 4 | | corporation,
association, educational institution, | 5 | | society, or non-profit nursing
institution conducted by | 6 | | and for those who rely upon treatment by prayer
through | 7 | | spiritual means in accordance with the tenets of a | 8 | | recognized
church or religious denomination with respect | 9 | | to the employment of
individuals of a particular religion | 10 | | to perform work connected with the
carrying on by such | 11 | | corporation, association, educational institution,
society | 12 | | or non-profit nursing institution of its activities.
| 13 | | (C) Employment Agency. "Employment Agency" includes both | 14 | | public and
private employment agencies and any person, labor | 15 | | organization, or labor
union having a hiring hall or hiring | 16 | | office regularly undertaking, with
or without compensation, to | 17 | | procure opportunities to work, or to
procure, recruit, refer or | 18 | | place employees.
| 19 | | (D) Labor Organization. "Labor Organization" includes any
| 20 | | organization, labor union, craft union, or any voluntary | 21 | | unincorporated
association designed to further the cause of the | 22 | | rights of union labor
which is constituted for the purpose, in | 23 | | whole or in part, of collective
bargaining or of dealing with | 24 | | employers concerning grievances, terms or
conditions of | 25 | | employment, or apprenticeships or applications for
| 26 | | apprenticeships, or of other mutual aid or protection in |
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| 1 | | connection with
employment, including apprenticeships or | 2 | | applications for apprenticeships.
| 3 | | (E) Sexual Harassment. "Sexual harassment" means any | 4 | | unwelcome sexual
advances or requests for sexual favors or any | 5 | | conduct of a sexual nature
when (1) submission to such conduct | 6 | | is made either explicitly or implicitly
a term or condition of | 7 | | an individual's employment, (2) submission to or
rejection of | 8 | | such conduct by an individual is used as the basis for
| 9 | | employment decisions affecting such individual, or (3) such | 10 | | conduct has the
purpose or effect of substantially interfering | 11 | | with an individual's work
performance or creating an | 12 | | intimidating, hostile or offensive working
environment.
| 13 | | (F) Religion. "Religion" with respect to employers | 14 | | includes all
aspects of religious observance and practice, as | 15 | | well as belief, unless an
employer demonstrates that he is | 16 | | unable to reasonably accommodate an
employee's or prospective | 17 | | employee's religious observance or practice
without undue | 18 | | hardship on the conduct of the employer's business.
| 19 | | (G) Public Employer. "Public employer" means the State, an | 20 | | agency or
department thereof, unit of local government, school | 21 | | district,
instrumentality or political subdivision.
| 22 | | (H) Public Employee. "Public employee" means an employee of | 23 | | the State,
agency or department thereof, unit of local | 24 | | government, school district,
instrumentality or political | 25 | | subdivision. "Public employee" does not include
public | 26 | | officers or employees of the General Assembly or agencies |
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| 1 | | thereof.
| 2 | | (I) Public Officer. "Public officer" means a person who is | 3 | | elected to
office pursuant to the Constitution or a statute or | 4 | | ordinance, or who is
appointed to an office which is | 5 | | established, and the qualifications and
duties of which are | 6 | | prescribed, by the Constitution or a statute or
ordinance, to | 7 | | discharge a public duty for the State, agency or department
| 8 | | thereof, unit of local government, school district, | 9 | | instrumentality or
political subdivision.
| 10 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 11 | | prior to a
bid opening, has filed with the Department a | 12 | | properly completed, sworn and
currently valid employer report | 13 | | form, pursuant to the Department's regulations.
The provisions | 14 | | of this Article relating to eligible bidders apply only
to bids | 15 | | on contracts with the State and its departments, agencies, | 16 | | boards,
and commissions, and the provisions do not apply to | 17 | | bids on contracts with
units of local government or school | 18 | | districts.
| 19 | | (K) Citizenship Status. "Citizenship status" means the | 20 | | status of being:
| 21 | | (1) a born U.S. citizen;
| 22 | | (2) a naturalized U.S. citizen;
| 23 | | (3) a U.S. national; or
| 24 | | (4) a person born outside the United States and not a | 25 | | U.S. citizen who
is not an unauthorized alien and who is | 26 | | protected from discrimination under
the provisions of |
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| 1 | | Section 1324b of Title 8 of the United States Code, as
now | 2 | | or hereafter amended.
| 3 | | (Source: P.A. 97-877, eff. 8-2-12; 98-1037, eff. 1-1-15; | 4 | | 98-1050, eff. 1-1-15; revised 10-3-14.)
| 5 | | Section 93. The Minimum Wage Law is amended by changing | 6 | | Section 3 as follows:
| 7 | | (820 ILCS 105/3) (from Ch. 48, par. 1003)
| 8 | | Sec. 3. As used in this Act:
| 9 | | (a) "Director" means the Director of the Department of | 10 | | Labor, and
"Department" means the Department of Labor.
| 11 | | (b) "Wages" means compensation due to an employee by reason | 12 | | of his
employment, including allowances determined by the | 13 | | Director in
accordance with the provisions of this Act for | 14 | | gratuities and, when
furnished by the employer, for meals and | 15 | | lodging actually used by the
employee.
| 16 | | (c) "Employer" includes any individual, partnership, | 17 | | association,
corporation, limited liability company, business | 18 | | trust, governmental or quasi-governmental body, or
any person | 19 | | or group of persons acting directly or indirectly in the
| 20 | | interest of an employer in relation to an employee, for which | 21 | | one or
more persons are gainfully employed on some day within a | 22 | | calendar year.
An employer is subject to this Act in a calendar | 23 | | year on and after the
first day in such calendar year in which | 24 | | he employs one or more persons,
and for the following calendar |
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| 1 | | year.
| 2 | | (d) "Employee" includes any individual permitted to work by | 3 | | an
employer in an occupation, and includes, notwithstanding | 4 | | subdivision (1) of this subsection (d), one or more domestic | 5 | | workers as defined in Section 10 of the Domestic Workers' Bill | 6 | | of Rights Act, but does not include any individual permitted
to | 7 | | work:
| 8 | | (1) For an employer employing fewer than 4 employees | 9 | | exclusive of
the employer's parent, spouse or child or | 10 | | other members of his immediate
family.
| 11 | | (2) As an employee employed in agriculture or | 12 | | aquaculture (A) if such
employee is
employed by an employer | 13 | | who did not, during any calendar quarter during
the | 14 | | preceding calendar year, use more than 500 man-days of | 15 | | agricultural
or aquacultural
labor, (B) if such employee is | 16 | | the parent, spouse or child, or other
member of the | 17 | | employer's immediate family, (C) if such employee (i) is
| 18 | | employed as a hand harvest laborer and is paid on a piece | 19 | | rate basis in
an operation which has been, and is | 20 | | customarily and generally recognized
as having been, paid | 21 | | on a piece rate basis in the region of employment,
(ii) | 22 | | commutes daily from his permanent residence to the farm on | 23 | | which he
is so employed, and (iii) has been employed in | 24 | | agriculture less than 13
weeks during the preceding | 25 | | calendar year, (D) if such employee (other
than an employee | 26 | | described in clause (C) of this subparagraph): (i) is
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| 1 | | years of age or under and is employed as a hand harvest | 2 | | laborer, is paid
on a piece rate basis in an operation | 3 | | which has been, and is customarily
and generally recognized | 4 | | as having been, paid on a piece rate basis in
the region of | 5 | | employment, (ii) is employed on the same farm as his
parent | 6 | | or person standing in the place of his parent, and (iii) is | 7 | | paid
at the same piece rate as employees over 16 are paid | 8 | | on the same farm.
| 9 | | (3) (Blank). In domestic service in or about a private | 10 | | home.
| 11 | | (4) As an outside salesman.
| 12 | | (5) As a member of a religious corporation or | 13 | | organization.
| 14 | | (6) At an accredited Illinois college or university | 15 | | employed by the
college
or university at which he is a | 16 | | student who is covered under the provisions
of the Fair | 17 | | Labor Standards Act of 1938, as heretofore or hereafter
| 18 | | amended.
| 19 | | (7) For a motor carrier and with respect to whom the | 20 | | U.S. Secretary of
Transportation has the power to establish | 21 | | qualifications and maximum hours of
service under the | 22 | | provisions of Title 49 U.S.C. or the State of Illinois | 23 | | under
Section 18b-105 (Title 92 of the Illinois | 24 | | Administrative Code, Part 395 -
Hours of Service of | 25 | | Drivers) of the Illinois Vehicle
Code.
| 26 | | The above exclusions from the term "employee" may be |
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| 1 | | further defined
by regulations of the Director.
| 2 | | (e) "Occupation" means an industry, trade, business or | 3 | | class of work
in which employees are gainfully employed.
| 4 | | (f) "Gratuities" means voluntary monetary contributions to | 5 | | an
employee from a guest, patron or customer in connection with | 6 | | services
rendered.
| 7 | | (g) "Outside salesman" means an employee regularly engaged | 8 | | in making
sales or obtaining orders or contracts for services | 9 | | where a major
portion of such duties are performed away from | 10 | | his employer's place of
business.
| 11 | | (h) "Day camp" means a seasonal recreation program in | 12 | | operation for no more than 16 weeks intermittently throughout | 13 | | the calendar year, accommodating for profit or under | 14 | | philanthropic or charitable auspices, 5 or more children under | 15 | | 18 years of age, not including overnight programs. The term | 16 | | "day camp" does not include a "day care agency", "child care | 17 | | facility" or "foster family home" as licensed by the Illinois | 18 | | Department of Children and Family Services. | 19 | | (Source: P.A. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)
| 20 | | Section 94. The Wages of Women and Minors Act is amended by | 21 | | changing Section 1 as follows:
| 22 | | (820 ILCS 125/1) (from Ch. 48, par. 198.1)
| 23 | | Sec. 1. As used in this Act:
| 24 | | "Department" means the Department of Labor.
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| 1 | | "Director" means the Director of the Department of Labor.
| 2 | | "Wage Board" means a board created as provided in this
Act.
| 3 | | "Woman" means a female of 18 years or over.
| 4 | | "Minor" means a person under the age of 18 years.
| 5 | | "Occupation" means an industry, trade or business or branch | 6 | | thereof or
class of work therein in which women or minors are | 7 | | gainfully employed, but
does not include domestic service in | 8 | | the home of the employer or labor on a
farm.
| 9 | | "An oppressive and unreasonable wage" means a wage which is | 10 | | both less
than the fair and reasonable value of the services | 11 | | rendered and less than
sufficient to meet the minimum cost of | 12 | | living necessary for health.
| 13 | | "A fair wage" means a wage fairly and reasonably | 14 | | commensurate with the
value of the services or class of service | 15 | | rendered. In establishing a
minimum fair wage for any service | 16 | | or class of service under this Act the
Department and the wage | 17 | | board without being bound by any technical rules of
evidence or | 18 | | procedure (1) may take into account all relevant circumstances
| 19 | | affecting the value of the service or class of service | 20 | | rendered, and (2)
may
be guided by like considerations as would | 21 | | guide a court in a suit for the
reasonable value of services | 22 | | rendered where services are rendered at the
request of an | 23 | | employer without contract as to the amount of the wage to be
| 24 | | paid, and (3) may consider the wages paid in the State for work | 25 | | of like or
comparable character by employers who voluntarily | 26 | | maintain minimum fair
wage standards.
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| 1 | | "A directory order" means an order the nonobservance of | 2 | | which may be
published as provided in Section 9 of this Act.
| 3 | | "A mandatory order" means an order the violation of which | 4 | | is subject to
the penalties prescribed in paragraph 2 of | 5 | | Section 15 of this Act.
| 6 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 7 | | Section 95. The One Day Rest In Seven Act is amended by | 8 | | changing Section 2 as follows:
| 9 | | (820 ILCS 140/2) (from Ch. 48, par. 8b)
| 10 | | Sec. 2. Hours and days of rest in every calendar week. | 11 | | (a) Every employer shall allow every employee except those | 12 | | specified
in this
Section at least twenty-four consecutive | 13 | | hours of rest in every calendar
week in addition to the regular | 14 | | period of rest allowed at the close of each
working day.
| 15 | | A person employed as a domestic worker, as defined in | 16 | | Section 10 of the Domestic Workers' Bill of Rights Act, shall | 17 | | be allowed at least 24 consecutive hours of rest in every | 18 | | calendar week. This subsection (a) does not prohibit a domestic | 19 | | worker from voluntarily agreeing to work on such day of rest | 20 | | required by this subsection (a) if the worker is compensated at | 21 | | the overtime rate for all hours worked on such day of rest. The | 22 | | day of rest authorized under this subsection (a) should, | 23 | | whenever possible, coincide with the traditional day reserved | 24 | | by the domestic worker for religious worship. |
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| 1 | | (b) Subsection (a) This Section does not apply to the | 2 | | following:
| 3 | | (1) Part-time employees whose total work hours for one | 4 | | employer during a
calendar week do not exceed 20; and
| 5 | | (2) Employees needed in case of breakdown of machinery | 6 | | or equipment or
other emergency requiring the immediate | 7 | | services of experienced and
competent labor to prevent | 8 | | injury to person, damage to property, or
suspension of | 9 | | necessary operation; and
| 10 | | (3) Employees employed in agriculture or coal mining; | 11 | | and
| 12 | | (4) Employees engaged in the occupation of canning and | 13 | | processing
perishable agricultural products, if such | 14 | | employees are employed by an
employer in such occupation on | 15 | | a seasonal basis and for not more than 20
weeks during any | 16 | | calendar year or 12 month period; and
| 17 | | (5) Employees employed as watchmen or security guards; | 18 | | and
| 19 | | (6) Employees who are employed in a bonafide executive, | 20 | | administrative,
or professional capacity or in the | 21 | | capacity of an outside salesman, as
defined in Section 12 | 22 | | (a) (1) of the federal Fair Labor Standards Act, as
| 23 | | amended, and those employed as supervisors as defined in | 24 | | Section 2 (11) of
the National Labor Relations Act, as | 25 | | amended; and
| 26 | | (7) Employees who are employed as crew members of any |
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| 1 | | uninspected towing
vessel, as defined by Section 2101(40) | 2 | | of Title 46 of the United States Code,
operating in any | 3 | | navigable waters in or along the boundaries of the State of
| 4 | | Illinois.
| 5 | | (Source: P.A. 92-623, eff. 7-11-02.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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