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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Minimum Wage Law is amended by changing | |||||||||||||||||||
5 | Section 3 as follows:
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6 | (820 ILCS 105/3) (from Ch. 48, par. 1003)
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7 | Sec. 3. As used in this Act:
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8 | (a) "Director" means the Director of the Department of | |||||||||||||||||||
9 | Labor, and
"Department" means the Department of Labor.
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10 | (b) "Wages" means compensation due to an employee by reason | |||||||||||||||||||
11 | of his
employment, including allowances determined by the | |||||||||||||||||||
12 | Director in
accordance with the provisions of this Act for | |||||||||||||||||||
13 | gratuities and, when
furnished by the employer, for meals and | |||||||||||||||||||
14 | lodging actually used by the
employee.
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15 | (c) "Employer" includes any individual, partnership, | |||||||||||||||||||
16 | association,
corporation, limited liability company, business | |||||||||||||||||||
17 | trust, governmental or quasi-governmental body, or
any person | |||||||||||||||||||
18 | or group of persons acting directly or indirectly in the
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19 | interest of an employer in relation to an employee, for which | |||||||||||||||||||
20 | one or
more persons are gainfully employed on some day within a | |||||||||||||||||||
21 | calendar year.
An employer is subject to this Act in a calendar | |||||||||||||||||||
22 | year on and after the
first day in such calendar year in which | |||||||||||||||||||
23 | he employs one or more persons,
and for the following calendar |
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1 | year.
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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:
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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.
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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
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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
16 |
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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.
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9 | (3) (Blank).
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10 | (4) As an outside salesman.
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11 | (5) As a member of a religious corporation or | ||||||
12 | organization.
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13 | (6) At an accredited Illinois college or university | ||||||
14 | employed by the
college
or university at which he is a | ||||||
15 | student who is covered under the provisions
of the Fair | ||||||
16 | Labor Standards Act of 1938, as heretofore or hereafter
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17 | amended.
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18 | (7) For a motor carrier and with respect to whom the | ||||||
19 | U.S. Secretary of
Transportation has the power to establish | ||||||
20 | qualifications and maximum hours of
service under the | ||||||
21 | provisions of Title 49 U.S.C. or the State of Illinois | ||||||
22 | under
Section 18b-105 (Title 92 of the Illinois | ||||||
23 | Administrative Code, Part 395 -
Hours of Service of | ||||||
24 | Drivers) of the Illinois Vehicle
Code.
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25 | (8) As an employee employed as a player who is 28 years | ||||||
26 | old or younger, a manager, a coach, or an athletic trainer |
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1 | by a minor league professional baseball team not affiliated | ||||||
2 | with a major league baseball club, if (A) the minor league | ||||||
3 | professional baseball team does not operate for more than 7 | ||||||
4 | months in any calendar year or (B) during the preceding | ||||||
5 | calendar year, the minor league professional baseball | ||||||
6 | team's average receipts for any 6-month period of the year | ||||||
7 | were not more than 33 1/3% of its average receipts for the | ||||||
8 | other 6 months of the year. | ||||||
9 | The above exclusions from the term "employee" may be | ||||||
10 | further defined
by regulations of the Director.
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11 | (e) "Occupation" means an industry, trade, business or | ||||||
12 | class of work
in which employees are gainfully employed.
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13 | (f) "Gratuities" means voluntary monetary contributions to | ||||||
14 | an
employee from a guest, patron or customer in connection with | ||||||
15 | services
rendered.
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16 | (g) "Outside salesman" means an employee regularly engaged | ||||||
17 | in making
sales or obtaining orders or contracts for services | ||||||
18 | where a major
portion of such duties are performed away from | ||||||
19 | his employer's place of
business.
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20 | (h) "Day camp" means a seasonal recreation program in | ||||||
21 | operation for no more than 16 weeks intermittently throughout | ||||||
22 | the calendar year, accommodating for profit or under | ||||||
23 | philanthropic or charitable auspices, 5 or more children under | ||||||
24 | 18 years of age, not including overnight programs. The term | ||||||
25 | "day camp" does not include a "day care agency", "child care | ||||||
26 | facility" or "foster family home" as licensed by the Illinois |
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1 | Department of Children and Family Services. | ||||||
2 | (Source: P.A. 99-758, eff. 1-1-17 .)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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