Illinois General Assembly - Full Text of HB3696
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Full Text of HB3696  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Elizabeth Hernandez


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.

LRB099 09372 JLS 29578 b






HB3696LRB099 09372 JLS 29578 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 1. Short title. This Act may be cited as the
5Domestic Workers' Bill of Rights Act.
6    Section 5. Purpose and findings. Domestic workers play a
7critical role in Illinois' economy, working to ensure the
8health and prosperity of Illinois families and freeing others
9to participate in the workforce. Despite the value of their
10work, domestic workers have historically been excluded from the
11protections under State law extended to workers in other
12industries. Domestic workers are predominantly women who labor
13to support families and children of their own and who receive
14low pay and minimal or no benefits. Without clear standards
15governing their workplaces, and working alone and behind closed
16doors, domestic workers are among the most isolated and
17vulnerable workforce in the State. Workforce projections are
18one of growth for domestic workers, but the lack of decent pay
19and other workplace protections undermines the likelihood of
20building and maintaining a reliable and experienced workforce
21that is able to meet the needs of Illinois families. Therefore,
22the General Assembly finds that because domestic workers care
23for the most important elements of Illinoisans' lives, our



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1families and our homes, it is in the interest of employees,
2employers, and the people of Illinois to ensure that the rights
3of domestic workers are respected, protected, and enforced and
4that this Act shall be interpreted liberally to aid this
6    Section 10. Definitions. As used in this Act:
7    "Department" means the Department of Labor.
8    "Director" means the Director of Labor and his or her
9authorized representatives.
10    "Domestic work" means:
11        (1) housekeeping;
12        (2) house cleaning;
13        (3) home management;
14        (4) nanny services including childcare and child
15    monitoring;
16        (5) caregiving, personal care or home health services
17    for elderly persons or persons with an illness, injury, or
18    disability who require assistance in caring for
19    themselves;
20        (6) laundering;
21        (7) cooking;
22        (8) companion services;
23        (9) chauffeuring; or
24        (10) other household services for members of
25    households or their guests in or about a private home or



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1    residence or any other location where the domestic work is
2    performed.
3    "Domestic worker" means a person employed to perform
4domestic work. "Domestic worker" does not include: (i) a person
5performing domestic work who is the employer's parent, spouse,
6child, or other member of his or her immediate family,
7exclusive of individuals whose primary work duties are
8caregiving, companion services, personal care or home health
9services for elderly persons or persons with an illness,
10injury, or disability who require assistance in caring for
11themselves; (ii) child and day care home providers
12participating in the child care assistance program under
13Section 9A-11 of the Illinois Public Aid Code; (iii) a person
14who is employed by one or more employers in or about a private
15home or residence or any other location where the domestic work
16is performed for 8 hours or less in the aggregate in any
17workweek on a regular basis, exclusive of individuals whose
18primary work duties are caregiving, companion services,
19personal care or home health services for elderly persons or
20persons with an illness, injury, or disability who require
21assistance in caring for themselves; or (iv) a person who the
22employer establishes: (A) has been and will continue to be free
23from control and direction over the performance of his or her
24work, both under a contract of service and in fact; (B) is
25engaged in an independently established trade, occupation,
26profession or business; or (C) is deemed a legitimate sole



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1proprietor or partnership. A sole proprietor or partnership
2shall be deemed to be legitimate if the employer establishes
4        (1) the sole proprietor or partnership is performing
5    the service free from the direction or control over the
6    means and manner of providing the service, subject only to
7    the right of the employer for whom the service is provided
8    to specify the desired result;
9        (2) the sole proprietor or partnership is not subject
10    to cancellation or destruction upon severance of the
11    relationship with the employer;
12        (3) the sole proprietor or partnership has a
13    substantial investment of capital in the sole
14    proprietorship or partnership beyond ordinary tools and
15    equipment and a personal vehicle;
16        (4) the sole proprietor or partnership owns the capital
17    goods and gains the profits and bears the losses of the
18    sole proprietorship or partnership;
19        (5) the sole proprietor or partnership makes its
20    services available to the general public on a continuing
21    basis;
22        (6) the sole proprietor or partnership includes
23    services rendered on a Federal Income Tax Schedule as an
24    independent business or profession;
25        (7) the sole proprietor or partnership performs
26    services for the contractor under the sole



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1    proprietorship's or partnership's name;
2        (8) when the services being provided require a license
3    or permit, the sole proprietor or partnership obtains and
4    pays for the license or permit in the sole proprietorship's
5    or partnership's name;
6        (9) the sole proprietor or partnership furnishes the
7    tools and equipment necessary to provide the service;
8        (10) if necessary, the sole proprietor or partnership
9    hires its own employees without approval of the employer,
10    pays the employees without reimbursement from the employer
11    and reports the employees' income to the Internal Revenue
12    Service;
13        (11) the employer does not represent the sole
14    proprietorship or partnership as an employee of the
15    employer to the public; and
16        (12) the sole proprietor or partnership has the right
17    to perform similar services for others on whatever basis
18    and whenever it chooses.
19    "Employ" includes to suffer or permit to work.
20    "Employee" means a domestic worker.
21    "Employer" means: any individual; partnership;
22association; corporation; limited liability company; business
23trust; employment and labor placement agencies where wages are
24made directly or indirectly by the agency or business for work
25undertaken by employees under hire to a third party pursuant to
26a contract between the business or agency with the third party;



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1the State of Illinois and local governments, or any political
2subdivision of the State or local government, or State or local
3government agency; for which one or more persons is gainfully
4employed, express or implied, whether lawfully or unlawfully
5employed, who employs a domestic worker or who exercises
6control over the domestic worker's wage, remuneration, or other
7compensation, hours of employment, place of employment, or
8working conditions, or whose agent or any other person or group
9of persons acting directly or indirectly in the interest of an
10employer in relation to the employee exercises control over the
11domestic worker's wage, remuneration or other compensation,
12hours of employment, place of employment, or working
14    "Live-in domestic worker" means a domestic worker residing
15on the employer's premises during the tenure of employment for
165 days or more per week on a regular basis, whether or not the
17domestic worker maintains a separate residence.
18    "Work time" means the time during which a domestic worker
19is suffered or permitted to work, whether or not required to do
20so, and whether or not any physical or mental exertion is
21expended by the domestic worker.
22    Section 15. Work time.
23    (a) An employer shall pay the domestic worker for all work
25    (b) Only a period during which a domestic worker is



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1completely relieved from duty and which is long enough to
2enable him or her to use the time effectively for his or her
3own purposes (at least 30 minutes) is not work time, such as a
430 minute meal period. Periods of shorter duration must be
5counted as work time.
6    (c) When a domestic worker who is not a live-in domestic
7worker is on duty for a period of 24 consecutive hours or more
8on a regular basis, the employer and the domestic worker may
9agree in writing prior to performance of the work to exclude a
10regularly scheduled sleeping period of no more than 8 hours
11from work time for each 24-hour period. The written consent
12shall be part of a written contract if such contract is
13required under Section 45. The employer shall provide sleeping
14quarters that are adequate, decent, safe, and sanitary.
15    (d) If the sleeping time is interrupted by a call to duty,
16the interruption must be counted as work time. All meal, rest,
17and sleeping periods shall constitute work time unless
18otherwise agreed to in writing.
19    (e) All live-in domestic workers shall be provided a
20sleeping period of no more than 8 hours. If the sleeping period
21is interrupted by a call to duty, the interruption must be
22counted as work time. If the period is interrupted to such an
23extent that the employee cannot get at least 5 continuous hours
24of sleep during the scheduled period on a regular basis the
25entire time is work time.
26    (f) All wages must be paid within 30 days from the date of



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1any work time.
2    Section 20. Sleeping facilities, food and beverages, and
4    (a) An employer shall not charge a domestic worker for the
5cost of lodging, food and beverages, equipment, uniforms,
6transportation, or other costs related to his or her employment
7unless the domestic worker voluntarily and freely accepts,
8desires, and actually uses such lodging, transportation,
9equipment, uniforms, or other costs related to his or her
10employment, or if such food and beverages are voluntarily and
11freely chosen and consumed by the domestic worker. The amount
12of these charges shall not individually nor in the aggregate
13result in the domestic worker earning or receiving less than
14the minimum wage for any work hour. Limited exceptions to
15earning or receiving less than the minimum wage may include the
16cost of benefits offered by the employer such as health
17insurance where the domestic worker has agreed in writing to
18contribute to a portion of the cost of the insurance premium.
19    (b) All live-in domestic workers shall be provided private
20quarters for sleeping and dressing typically used for that
21purpose, with reasonable access to bathroom, kitchen, and
22laundry facilities. No domestic worker shall be required to
23share a bed.
24    (c) Lodging under this Section must be in a condition that
25is safe, healthful, and fit for occupancy and in compliance



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1with terms of a lease, if any, and with the requirements of
2federal, State, and local law.
3    (d) Termination of a domestic worker's lodging with his or
4her employer is subject to a minimum of 14 days' notice to
5vacate. If such notice is not provided, the employer shall pay
6the domestic worker 14 days of pay at the regular rate on the
7date the domestic worker must vacate the lodging with his or
8her employer, in addition to any severance pay that is due the
9worker. Such notice need not be given nor payment made if an
10employer makes contributions on behalf of the domestic worker
11for unemployment insurance benefits as required under the
12Unemployment Insurance Act and, if such employer terminates or
13reduces the hours of the domestic worker, the domestic worker
14is eligible for and receives such benefits upon termination or
15reduction in hours. In addition, such notice need not be given
16nor payment made under limited and extraordinary
17circumstances, such as when there is probable cause the
18domestic worker has engaged in child or elder abuse as defined
19by Illinois law.
20    (e) An employer shall not employ a domestic worker for work
21time of more than 5 hours per scheduled work period or shift
22without the opportunity to eat a meal, whether during work time
23or not. The opportunity to eat a meal shall be provided no less
24than once in every 8 hours of consecutive work hours.
25    Section 25. Show-up time, scheduled work time, and



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2    (a) Two hours of pay at the regular rate shall be paid to
3any domestic worker who reports to work but is not utilized for
4a minimum of 2 hours and has not received at least 2 hours
5prior notice to not report for work.
6    (b) Notwithstanding subsection (a), if an employer does not
7require the domestic worker to report to work for 2 or more
8consecutive scheduled work periods on a temporary basis for any
9reason, such as the employer's vacation, or any other change in
10the work time schedule on a temporary or permanent basis, the
11employer shall provide to the domestic worker notice at least 7
12days in advance of the first day the worker is not required to
13report to work or there is a change in schedule. If such notice
14is not provided, and the change in work hours results in fewer
15work hours, the domestic worker shall be paid the hours
16scheduled to work or 4 hours, whichever is greater, at the
17regular rate of pay and shall be paid for each subsequent day
18of involuntary time off if no notice is provided. In
19circumstances where the change in the work time schedule is not
20foreseeable by the employer, making advance notice impossible,
21notice shall be given as soon as practicable, but not longer
22than 24 hours after the worker was first scheduled for work but
23was not put to work. In that circumstance, the domestic worker
24shall be paid in accordance with subsection (a).
25    (c) If an employer terminates a domestic worker, the
26employer shall provide to the domestic worker notice of



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1termination at least 14 days in advance of the first day the
2worker is not required to report to work. If such notice is not
3provided to domestic workers who work 20 or more hours in any
4workweek on a regular basis for the terminating employer, the
5employer shall pay the domestic worker 14 days of severance pay
6at the regular rate of pay from the date of termination, to be
7paid no later than the day of termination. If such notice is
8not provided to domestic workers who work more than 8 hours and
9less than 20 hours in any workweek on a regular basis for the
10terminating employer, the employer shall pay the domestic
11worker 7 days of severance pay at the regular rate of pay from
12the date of termination, to be paid no later than the date of
13termination. The amount of severance pay shall be based upon
14the number of work hours per day and days per workweek the
15domestic worker works on a regular basis. Such notice need not
16be given nor severance payment made if an employer makes
17contributions on behalf of the domestic worker for unemployment
18insurance benefits as required under the Unemployment
19Insurance Act and, if such employer terminates or reduces the
20hours of the domestic worker, the domestic worker is eligible
21for and receives such benefits upon termination or reduction in
22hours. Furthermore, such notice need not be given nor is
23severance pay required under limited and extraordinary
24circumstances, such as when there is probable cause the
25domestic worker has engaged in child or elder abuse as defined
26by Illinois law.



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1    (d) Any provision included in a relevant collective
2bargaining agreement supersedes this Section, if applicable.
3    Section 30. Paid time off.
4    (a) If a domestic worker works for one employer more than 8
5hours in any workweek on a regular basis, the employer shall
6provide paid time off.
7    (b) Paid time off shall accrue at the rate of one hour of
8paid time off for every 40 hours of work time for one employer
9up to the maximum of 40 hours paid time off. Paid time off
10shall be accrued from the first day of employment, but may not
11be used until 6 months from the first day of employment, unless
12the employer agrees. Once the employee has worked for 6 months,
13paid time off may be used as accrued, or be loaned by the
14employer, at its discretion, to the employee in advance of such
15accrual. If an employer has loaned paid time off in advance of
16accrual, an employer shall not require a domestic worker to
17reimburse it for any unearned paid time off. Paid time off
18shall be permitted to be used in hourly increments. It is up to
19the domestic worker to determine when and how much accrued paid
20time off to take under this Act. However, paid time off shall
21not be used for more than 3 consecutive weeks if it results in
22a complete absence from employment from the employer subject to
23the paid time off, unless the employer agrees. Paid time off
24shall be provided upon the oral request of the domestic worker
25and for any purpose of the domestic worker's choosing. If the



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1necessity for paid time off is foreseeable, the domestic worker
2shall provide the employer with not less than 7 days' oral
3notice before the date the leave is to begin. If the necessity
4for leave is not foreseeable, the domestic worker shall provide
5such notice as soon as is practical after the domestic worker
6is aware of the necessity of such leave. The employer may not
7require, as a condition of providing paid time off under this
8Act, that the domestic worker search for or find a replacement
9worker to cover the hours during which the domestic worker is
10on paid time off leave.
11    (c) Paid time off shall carry over annually to the extent
12not used by the domestic worker; however, nothing in this Act
13shall be construed to require an employer to allow a worker to
14use more than 40 hours of paid time off in a year unless an
15employer agrees to do so.
16    (d) Upon oral request, an employer shall provide to a
17domestic worker an annual statement in writing indicating the
18amount and periods of accrued paid time off, unless the
19employer requires the employee to maintain such records as
20provided in Section 40 of this Act.
21    (e) During any period a domestic worker takes leave under
22this Act, the employer shall maintain coverage for the domestic
23worker and any family member under any group health plan for
24the duration of such leave at at least the level and conditions
25of coverage that would have been provided if the domestic
26worker had not taken the leave.



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1    Section 35. Privacy. An employer is not permitted to
2videotape or otherwise record the domestic worker in any of the
3bathrooms, the area where the sleeping accommodations are
4provided while the domestic worker is sleeping, or, in the case
5of a live-in domestic worker, the domestic worker's living
6area. An employer shall not unreasonably restrict or interfere
7with a domestic worker's means of private communication,
8monitor a domestic worker's private communications, or take any
9of the domestic worker's documents or other personal effects.
10    Section 40. Recordkeeping requirements.
11    (a) An employer subject to any provision of this Act shall
12make and preserve records that document the name and address of
13each employee, whether or not the employee was a live-in
14domestic worker, the work hours each day in each workweek, the
15rates of pay, the amount paid each pay period, all deductions
16made from wages or final compensation, the number of paid time
17off hours earned each year and the dates on which paid time off
18hours were taken and paid, a copy of a written contract, if
19applicable, any charges or deduction from wages for any reason,
20and any other information the Director may by rule deem
21necessary and appropriate for enforcement of this Act. The
22employer may use an accountant or payroll or similar service to
23make and preserve records on the employer's behalf required
24under this Section.



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1    (b) The employer is required to maintain the records
2specified in subsection (a). However, the employer may require
3the employee to record hours worked and paid time off
4information and submit such records to the employer. Where
5there is a reasonable agreement, as indicated in subsection (c)
6of Section 45, the written contract may be used to establish
7the employee's hours of work in lieu of maintaining precise
8records of the hours actually worked. The employer shall keep a
9copy of the contract and indicate that the employee's work time
10generally coincides with the contract. If there is significant
11deviation from the initial contract, a separate record shall be
12kept for that period or a new contract shall be reached that
13reflects actual facts.
14    (c) An employer subject to any provision of this Act shall
15preserve the records for a period of not less than 3 years,
16unless the records relate to an ongoing investigation or
17enforcement action under this Act, in which case the records
18must be maintained until there is an exhaustion of remedies.
19    (d) An employer shall, upon the oral request of a current
20or former employee or his or her representative, make the
21records available for inspection and copying by a current or
22former employee or his or her representative at an agreed upon
23location and time within 7 calendar days after such a request.
24If, however, the employer can reasonably show such deadline
25cannot be met, the employer shall have an additional 7 days to
26comply. An employer may charge a fee for providing a copy of



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1such information. The fee shall be limited to the actual cost
2of duplicating the information.
3    (e) In the absence of employer records, a domestic worker
4may not be denied recovery of wages or final compensation on
5the basis that the domestic worker is unable to prove the
6precise extent of uncompensated work or final compensation. If
7an employer requires evidence of hours worked for other
8employers, a sworn statement by the employee stating that he or
9she has performed or is scheduled to perform domestic work for
10more than 8 hours in the aggregate for the relevant workweek
11shall satisfy any documentation requirements of hours worked
12under this Act. An employer that requires evidence of hours
13worked must give the domestic worker written notice of such
14request and allow no less than 10 days or until the next
15scheduled work day, whichever is greater, for the domestic
16worker to comply.
17    Section 45. Notice and written contract.
18    (a) The Department shall create a sample written notice and
19a sample written contract in English, Spanish, and Polish, and
20shall make the documents available for retrieval at no charge
21from the Department's website. No notice or written contract
22shall limit or diminish the scope of this Act or any rights,
23privileges, or remedies of a domestic worker provided under
24this Act, or under any other local, State, or federal law or
25relevant collective bargaining agreement.



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1    (b) An employer shall notify all domestic workers and, upon
2oral request, disclose in writing, the following information,
3when an offer of employment is made to a domestic worker:
4        (1) the starting date, time, and place of employment;
5        (2) the wage rates to be paid, including overtime;
6        (3) the frequency of the payment of wages;
7        (4) the kinds of domestic work for which the domestic
8    worker may be employed;
9        (5) the hours per day, days per week, the days of the
10    week that are work days, and period of employment,
11    including any meal breaks and rest periods; where work
12    hours are irregular from day to day or week to week by
13    mutual agreement, an average monthly work schedule may
14    satisfy this requirement;
15        (6) notice and leave policies for both paid and unpaid
16    time off, including involuntary time off for the domestic
17    worker;
18        (7) show up time, changes in scheduled work time,
19    termination and severance pay policies;
20        (8) any employee benefit to be provided, and any costs
21    to be charged for each benefit;
22        (9) any other terms and conditions of employment,
23    including any workplace hazards that may make the domestic
24    worker vulnerable to illnesses and other physical
25    problems;
26        (10) contact information for the employer and the



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1    domestic worker to enable the best way to communicate,
2    particularly in the event of an emergency or change in
3    schedule;
4        (11) the employer's contact information, including his
5    or her full name, mailing address, and phone numbers; and
6        (12) any provision included in a relevant collective
7    bargaining agreement, if applicable.
8    (c) If the domestic worker works for one employer more than
98 hours in any workweek on a regular basis, the employer shall
10provide a written contract. The contract shall be presented to
11the domestic worker no later than the first day of employment
12and shall be signed by both the employer and the domestic
13worker within 10 calendar days after the first day of
14employment. A new contract shall be signed when there is a
15material change in the terms of employment. The contract shall
17        (1) the name of the domestic worker and the name of the
18    employer;
19        (2) the starting date, time, and place of employment;
20        (3) the rate of pay including overtime and additional
21    compensation for added duties or multilingual skills;
22        (4) the frequency of the payment of wages;
23        (5) the hours per day, days per week, days of the week
24    that are work days, and where applicable, meal breaks and
25    rest periods, paid and unpaid time off, vacations and
26    holidays, and any foreseeable changes in work schedule,



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1    such as a reduction or increase in hours per week or weeks
2    per month;
3        (6) any benefits the employer provides and any costs
4    the domestic worker is expected to pay associated with
5    those benefits such as health insurance, if any;
6        (7) a description of the living accommodations
7    provided by the employer and policies on vacating the
8    premises;
9        (8) the kinds of domestic work for which the domestic
10    worker may be employed;
11        (9) the process for addressing increasing wages and the
12    process for addressing grievances;
13        (10) the right to privacy as required under Section 35
14    of this Act;
15        (11) show up time, changes in scheduled work time, and
16    termination and severance pay policies;
17        (12) the contract period;
18        (13) the policies for reimbursement for work-related
19    expenses;
20        (14) any other terms and conditions of employment
21    including workplace hazards that may make the domestic
22    worker vulnerable to illnesses and other physical
23    problems;
24        (15) any other rights or benefits afforded to the
25    domestic worker, including State and federal employment
26    taxes paid or to be paid by the employer related to the



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1    domestic worker's employment and notice of employment
2    rights in State law;
3        (16) contact information for the employer and the
4    domestic worker to enable the best way to communicate,
5    particularly in the event of an emergency or change in
6    schedule;
7        (17) the employer's contact information, including his
8    or her full name, mailing address, and phone numbers; and
9        (18) any provision included in a relevant collective
10    bargaining agreement, if applicable.
11    If a valid written contract that complies with this Section
12is entered into by an individual domestic worker and an
13employer, the written contract may include an alternative
14reasonable agreement as to certain provisions of this Act, as
15indicated in those Sections, as long as the domestic worker is
16compensated for all work time.
17    Section 50. Prohibited acts.
18    (a) It is unlawful and a violation of this Act for any
19employer or any other person to discharge, threaten, penalize,
20or in any other manner discriminate, retaliate, or take any
21adverse action against an employee, because the employee or a
22person or organization acting on the employee's behalf:
23        (1) exercises rights or attempts to exercise rights
24    under this Act;
25        (2) opposes practices such employee believes to be in



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1    violation of this Act; or
2        (3) supports the exercise of rights under this Act.
3    (b) Exercising rights, opposing practices, or supporting
4the exercise of rights under this Act includes:
5        (1) filing an action or instituting or causing to be
6    instituted any proceeding under or related to this Act;
7        (2) providing or preparing to provide any information
8    in connection with any inquiry or proceeding relating to
9    any right provided under this Act;
10        (3) testifying or preparing to testify in any inquiry
11    or proceeding relating to any right provided under this
12    Act, in a public hearing, or to a community organization;
13    or
14        (4) informing any other person that his or her employer
15    engages in conduct that the employee reasonably and in good
16    faith believes violates any provisions of this Act.
17    (c) An agreement by an employee to waive his or her rights
18under this Act is void as against public policy. The benefits
19provided to employees under this Act may not be diminished by a
20collective bargaining agreement or an employment benefit
21program or plan entered into or renewed after the effective
22date of this Act.
23    (d) It is unlawful for an employer to interfere with,
24restrain, or deny the exercise of or the attempt to exercise
25any right provided under or in connection with this Act
26including using the taking of paid time off as a negative



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1factor in an employment action such as hiring, termination,
2evaluation, promotion, discipline, or counting the paid time
3off under a no-fault attendance policy.
4    Section 55. Enforcement.
5    (a) A domestic worker aggrieved by a violation of this Act
6or any rule adopted under this Act shall be entitled to recover
7any appropriate damages or other relief set forth in subsection
8(b) of this Section in a civil action or through a claim filed
9with the Department. Actions may be brought by one or more
10domestic workers for and on behalf of themselves and other
11domestic workers similarly situated. Any such action shall be
12brought no more than 3 years after the date of the last event
13that constitutes an alleged violation for which the action is
15    (b) A domestic worker aggrieved by a violation of this Act
16or any rule adopted under this Act shall be entitled to
18        (1) all actual and compensatory damages including the
19    amount of any wages, compensation, or benefits owed or
20    other compensation denied or lost to the person by reason
21    of the violation, with interest at the prevailing rate as
22    is necessary to remedy violations of this Act, as well as
23    punitive damages;
24        (2) any equitable relief as may be appropriate; and
25        (3) reasonable attorney's fees, reasonable expert



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1    witness fees, and other costs of the action.
2    (c) Any employer that the Department or a court finds by
3the preponderance of evidence to have knowingly, repeatedly, or
4with reckless disregard violated any provision of this Act or
5any rule adopted under this Act is subject to civil money
6penalty of (1) up to $250 for each separate offense if the
7other relief imposed under subsection (b) is $1,000 or less or
8(2) a minimum of $250 and up to $3,000 for each separate
9offense if the damages or other relief imposed under subsection
10(b) is more than $1,000. In determining the amount of the
11penalty, the gravity of the violation shall be considered. Any
12assessed penalties are payable to the domestic worker and shall
13include interest at the prevailing rate necessary to remedy
14violations of this Act.
15    (d) Claims filed in circuit court shall be filed in the
16county where the alleged violation occurred or where any
17domestic worker who is a party to this action resides, without
18regard to exhaustion of remedies provided in this Act.
19    (e) Claims filed under this Act with the Department shall
20be subject to the administrative procedures set forth herein
21and by rule for the enforcement of this Act. For claims brought
22at the same time before the Department under this Act and the
23Minimum Wage Law or the One Day Rest in Seven Act, it shall be
24the decision of the domestic worker whether or not to proceed
25under the administrative enforcement procedures set forth in
26the Minimum Wage Law or the One Day Rest in Seven Act or to



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1proceed under the administrative procedures set forth herein
2and by rule for the enforcement of this Act.
3    (f) The Department shall have the power to conduct
4investigations in connection with the administration and
5enforcement of this Act. The Director or his or her
6representative may compel by subpoena, the attendance and
7testimony of witnesses and the production of books, payrolls,
8records, papers, and other evidence in any investigation and
9may administer oaths to witnesses. If, upon investigation, the
10Department finds cause to believe that this Act has been
11violated, the Department shall notify the parties, in writing,
12and the matter shall be referred to an Administrative Law Judge
13to schedule a formal hearing in accordance with hearing
14procedures established by rule.
15    Where the Department has found that an employer has failed
16to pay wages or overtime to an employee as required by the
17Minimum Wage Law, the employee shall be entitled to receive the
18penalties provided under the Minimum Wage Law.
19    Any employer who has been ordered to pay wages, benefits,
20and other compensation or other relief due under this Act or
21under the Minimum Wage Law or One Day Rest in Seven Act, when
22the administrative procedures of those Acts have been waived as
23provided in subsection (e), and who fails to seek timely review
24of such an order as provided under this Act and who fails to
25comply within 15 calendar days after such demand or within 35
26days of an administrative or court order is entered shall also



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1be liable to pay a penalty to the Department of 20% of the
2amount found owing. All moneys recovered as fees and penalties
3by the Department under this Act, except those owing to the
4affected employee, shall be deposited into the Domestic
5Workers' Fund, a special fund created in the State treasury.
6Money in the Fund shall be used by the Department for
7administration, investigation, and other expenses incurred in
8carrying out its duties under this Act.
9    A final decision of an Administrative Law Judge issued
10pursuant to this Section is subject to the provisions of the
11Administrative Review Law and shall be enforceable in an action
12brought in the name of the people of the State of Illinois by
13the Attorney General.
14    Section 60. Administrative authority. The Department shall
15administer and enforce this Act. The Director shall adopt rules
16necessary to administer and enforce this Act in accordance with
17the Illinois Administrative Procedure Act.
18    Section 65. Construction. Nothing in this Act shall be
19construed to affect any policies or practices of an employer
20that provides greater, additional or more generous wages,
21benefits or working conditions to a domestic worker than those
22required under this Act.
23    Section 97. Severability. The provisions of this Act are



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1severable under Section 1.31 of the Statute on Statutes.
2    Section 135. The State Finance Act is amended by adding
3Section 5.866 as follows:
4    (30 ILCS 105/5.866 new)
5    Sec. 5.866. The Domestic Workers' Fund.
6    Section 140. The Illinois Human Rights Act is amended by
7changing Section 2-101 as follows:
8    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
9    Sec. 2-101. Definitions. The following definitions are
10applicable strictly in the context of this Article.
11    (A) Employee.
12        (1) "Employee" includes:
13            (a) Any individual performing services for
14        remuneration within this State for an employer;
15            (b) An apprentice;
16            (c) An applicant for any apprenticeship.
17        For purposes of subsection (D) of Section 2-102 of this
18    Act, "employee" also includes an unpaid intern. An unpaid
19    intern is a person who performs work for an employer under
20    the following circumstances:
21            (i) the employer is not committed to hiring the
22        person performing the work at the conclusion of the



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1        intern's tenure;
2            (ii) the employer and the person performing the
3        work agree that the person is not entitled to wages for
4        the work performed; and
5            (iii) the work performed:
6                (I) supplements training given in an
7            educational environment that may enhance the
8            employability of the intern;
9                (II) provides experience for the benefit of
10            the person performing the work;
11                (III) does not displace regular employees;
12                (IV) is performed under the close supervision
13            of existing staff; and
14                (V) provides no immediate advantage to the
15            employer providing the training and may
16            occasionally impede the operations of the
17            employer.
18        (2) "Employee" does not include:
19            (a) (Blank); Domestic servants in private homes;
20            (b) Individuals employed by persons who are not
21        "employers" as defined by this Act;
22            (c) Elected public officials or the members of
23        their immediate personal staffs;
24            (d) Principal administrative officers of the State
25        or of any political subdivision, municipal corporation
26        or other governmental unit or agency;



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



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



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1an individual's employment, (2) submission to or rejection of
2such conduct by an individual is used as the basis for
3employment decisions affecting such individual, or (3) such
4conduct has the purpose or effect of substantially interfering
5with an individual's work performance or creating an
6intimidating, hostile or offensive working environment.
7    (F) Religion. "Religion" with respect to employers
8includes all aspects of religious observance and practice, as
9well as belief, unless an employer demonstrates that he is
10unable to reasonably accommodate an employee's or prospective
11employee's religious observance or practice without undue
12hardship on the conduct of the employer's business.
13    (G) Public Employer. "Public employer" means the State, an
14agency or department thereof, unit of local government, school
15district, instrumentality or political subdivision.
16    (H) Public Employee. "Public employee" means an employee of
17the State, agency or department thereof, unit of local
18government, school district, instrumentality or political
19subdivision. "Public employee" does not include public
20officers or employees of the General Assembly or agencies
22    (I) Public Officer. "Public officer" means a person who is
23elected to office pursuant to the Constitution or a statute or
24ordinance, or who is appointed to an office which is
25established, and the qualifications and duties of which are
26prescribed, by the Constitution or a statute or ordinance, to



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1discharge a public duty for the State, agency or department
2thereof, unit of local government, school district,
3instrumentality or political subdivision.
4    (J) Eligible Bidder. "Eligible bidder" means a person who,
5prior to a bid opening, has filed with the Department a
6properly completed, sworn and currently valid employer report
7form, pursuant to the Department's regulations. The provisions
8of this Article relating to eligible bidders apply only to bids
9on contracts with the State and its departments, agencies,
10boards, and commissions, and the provisions do not apply to
11bids on contracts with units of local government or school
13    (K) Citizenship Status. "Citizenship status" means the
14status of being:
15        (1) a born U.S. citizen;
16        (2) a naturalized U.S. citizen;
17        (3) a U.S. national; or
18        (4) a person born outside the United States and not a
19    U.S. citizen who is not an unauthorized alien and who is
20    protected from discrimination under the provisions of
21    Section 1324b of Title 8 of the United States Code, as now
22    or hereafter amended.
23(Source: P.A. 97-877, eff. 8-2-12; 98-1037, eff. 1-1-15;
2498-1050, eff. 1-1-15; revised 10-3-14.)
25    Section 145. The Minimum Wage Law is amended by changing



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1Section 3 as follows:
2    (820 ILCS 105/3)  (from Ch. 48, par. 1003)
3    Sec. 3. As used in this Act:
4    (a) "Director" means the Director of the Department of
5Labor, and "Department" means the Department of Labor.
6    (b) "Wages" means compensation due to an employee by reason
7of his employment, including allowances determined by the
8Director in accordance with the provisions of this Act for
9gratuities and, when furnished by the employer, for meals and
10lodging actually used by the employee.
11    (c) "Employer" includes any individual, partnership,
12association, corporation, limited liability company, business
13trust, governmental or quasi-governmental body, or any person
14or group of persons acting directly or indirectly in the
15interest of an employer in relation to an employee, for which
16one or more persons are gainfully employed on some day within a
17calendar year. An employer is subject to this Act in a calendar
18year on and after the first day in such calendar year in which
19he employs one or more persons, and for the following calendar
21    (d) "Employee" includes any individual permitted to work by
22an employer in an occupation, and includes, notwithstanding
23subdivision (1) of this subsection (d), one or more domestic
24workers as defined in Section 10 of the Domestic Workers' Bill
25of Rights Act but does not include any individual permitted to



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2        (1) For an employer employing fewer than 4 employees
3    exclusive of the employer's parent, spouse or child or
4    other members of his immediate family.
5        (2) As an employee employed in agriculture or
6    aquaculture (A) if such employee is employed by an employer
7    who did not, during any calendar quarter during the
8    preceding calendar year, use more than 500 man-days of
9    agricultural or aquacultural labor, (B) if such employee is
10    the parent, spouse or child, or other member of the
11    employer's immediate family, (C) if such employee (i) is
12    employed as a hand harvest laborer and is paid on a piece
13    rate basis in an operation which has been, and is
14    customarily and generally recognized as having been, paid
15    on a piece rate basis in the region of employment, (ii)
16    commutes daily from his permanent residence to the farm on
17    which he is so employed, and (iii) has been employed in
18    agriculture less than 13 weeks during the preceding
19    calendar year, (D) if such employee (other than an employee
20    described in clause (C) of this subparagraph): (i) is 16
21    years of age or under and is employed as a hand harvest
22    laborer, is paid on a piece rate basis in an operation
23    which has been, and is customarily and generally recognized
24    as having been, paid on a piece rate basis in the region of
25    employment, (ii) is employed on the same farm as his parent
26    or person standing in the place of his parent, and (iii) is



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1    paid at the same piece rate as employees over 16 are paid
2    on the same farm.
3        (3) (Blank). In domestic service in or about a private
4    home.
5        (4) As an outside salesman.
6        (5) As a member of a religious corporation or
7    organization.
8        (6) At an accredited Illinois college or university
9    employed by the college or university at which he is a
10    student who is covered under the provisions of the Fair
11    Labor Standards Act of 1938, as heretofore or hereafter
12    amended.
13        (7) For a motor carrier and with respect to whom the
14    U.S. Secretary of Transportation has the power to establish
15    qualifications and maximum hours of service under the
16    provisions of Title 49 U.S.C. or the State of Illinois
17    under Section 18b-105 (Title 92 of the Illinois
18    Administrative Code, Part 395 - Hours of Service of
19    Drivers) of the Illinois Vehicle Code.
20    The above exclusions from the term "employee" may be
21further defined by regulations of the Director.
22    (e) "Occupation" means an industry, trade, business or
23class of work in which employees are gainfully employed.
24    (f) "Gratuities" means voluntary monetary contributions to
25an employee from a guest, patron or customer in connection with
26services rendered.



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1    (g) "Outside salesman" means an employee regularly engaged
2in making sales or obtaining orders or contracts for services
3where a major portion of such duties are performed away from
4his employer's place of business.
5    (h) "Day camp" means a seasonal recreation program in
6operation for no more than 16 weeks intermittently throughout
7the calendar year, accommodating for profit or under
8philanthropic or charitable auspices, 5 or more children under
918 years of age, not including overnight programs. The term
10"day camp" does not include a "day care agency", "child care
11facility" or "foster family home" as licensed by the Illinois
12Department of Children and Family Services.
13(Source: P.A. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)
14    Section 150. The Wages of Women and Minors Act is amended
15by changing Section 1 as follows:
16    (820 ILCS 125/1)  (from Ch. 48, par. 198.1)
17    Sec. 1. As used in this Act:
18    "Department" means the Department of Labor.
19    "Director" means the Director of the Department of Labor.
20    "Wage Board" means a board created as provided in this Act.
21    "Woman" means a female of 18 years or over.
22    "Minor" means a person under the age of 18 years.
23    "Occupation" means an industry, trade or business or branch
24thereof or class of work therein in which women or minors are



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1gainfully employed, but does not include domestic service in
2the home of the employer or labor on a farm.
3    "An oppressive and unreasonable wage" means a wage which is
4both less than the fair and reasonable value of the services
5rendered and less than sufficient to meet the minimum cost of
6living necessary for health.
7    "A fair wage" means a wage fairly and reasonably
8commensurate with the value of the services or class of service
9rendered. In establishing a minimum fair wage for any service
10or class of service under this Act the Department and the wage
11board without being bound by any technical rules of evidence or
12procedure (1) may take into account all relevant circumstances
13affecting the value of the service or class of service
14rendered, and (2) may be guided by like considerations as would
15guide a court in a suit for the reasonable value of services
16rendered where services are rendered at the request of an
17employer without contract as to the amount of the wage to be
18paid, and (3) may consider the wages paid in the State for work
19of like or comparable character by employers who voluntarily
20maintain minimum fair wage standards.
21    "A directory order" means an order the nonobservance of
22which may be published as provided in Section 9 of this Act.
23    "A mandatory order" means an order the violation of which
24is subject to the penalties prescribed in paragraph 2 of
25Section 15 of this Act.
26(Source: P.A. 91-357, eff. 7-29-99.)



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1    Section 155. The One Day Rest In Seven Act is amended by
2changing Section 2 as follows:
3    (820 ILCS 140/2)  (from Ch. 48, par. 8b)
4    Sec. 2. Hours and days of rest in every calendar week.
5    (a) Every employer shall allow every employee except those
6specified in this Section at least twenty-four consecutive
7hours of rest in every calendar week in addition to the regular
8period of rest allowed at the close of each working day.
9    A person employed as a domestic worker, as defined in
10Section 10 of the Domestic Workers' Bill of Rights Act, shall
11be allowed at least 24 consecutive hours of rest in every
12calendar week. This subsection (a) does not prohibit a domestic
13worker from voluntarily agreeing to work on such day of rest
14required by this subsection (a) if the worker is compensated at
15the overtime rate for all hours worked on such day of rest. The
16day of rest authorized under this subsection (a) should,
17whenever possible, coincide with the traditional day reserved
18by the domestic worker for religious worship. The hours and
19days of rest allowed under this Act shall be in addition to any
20paid time off earned under Section 30 of the Domestic Workers'
21Bill of Rights Act.
22    (b) Subsection (a) This Section does not apply to the
24    (1) Part-time employees whose total work hours for one



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1employer during a calendar week do not exceed 20; and
2    (2) Employees needed in case of breakdown of machinery or
3equipment or other emergency requiring the immediate services
4of experienced and competent labor to prevent injury to person,
5damage to property, or suspension of necessary operation; and
6    (3) Employees employed in agriculture or coal mining; and
7    (4) Employees engaged in the occupation of canning and
8processing perishable agricultural products, if such employees
9are employed by an employer in such occupation on a seasonal
10basis and for not more than 20 weeks during any calendar year
11or 12 month period; and
12    (5) Employees employed as watchmen or security guards; and
13    (6) Employees who are employed in a bonafide executive,
14administrative, or professional capacity or in the capacity of
15an outside salesman, as defined in Section 12 (a) (1) of the
16federal Fair Labor Standards Act, as amended, and those
17employed as supervisors as defined in Section 2 (11) of the
18National Labor Relations Act, as amended; and
19    (7) Employees who are employed as crew members of any
20uninspected towing vessel, as defined by Section 2101(40) of
21Title 46 of the United States Code, operating in any navigable
22waters in or along the boundaries of the State of Illinois.
23(Source: P.A. 92-623, eff. 7-11-02.)
24    Section 999. Effective date. This Act takes effect upon
25becoming law.