Full Text of HB4169 98th General Assembly
HB4169ham001 98TH GENERAL ASSEMBLY | Rep. Elizabeth Hernandez Filed: 4/8/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4169
| 2 | | AMENDMENT NO. ______. Amend House Bill 4169 by replacing | 3 | | everything after the enacting clause with the following:
| 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
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| 1 | | vulnerable workforce in the State. Workforce projections are
| 2 | | one of growth for domestic workers, but the lack of decent pay
| 3 | | and other workplace protections undermines the likelihood of
| 4 | | building and maintaining a reliable and experienced workforce
| 5 | | that is able to meet the needs of Illinois families. Therefore,
| 6 | | the General Assembly finds that because domestic workers care
| 7 | | for the most important elements of Illinoisans' lives--our | 8 | | families and our homes--it is in the interest of employees, | 9 | | employers, and the people of Illinois to ensure that the rights | 10 | | of domestic workers are respected, protected, and enforced, and | 11 | | that this Act shall be interpreted liberally to aid this | 12 | | purpose.
| 13 | | Section 10. Definitions. As used in this Act: | 14 | | "Department" means the Department of Labor. | 15 | | "Director" means the Director of Labor and his or her
| 16 | | authorized representatives. | 17 | | "Domestic work" means: (1) housekeeping; (2) house
| 18 | | cleaning; (3) home management; (4) nanny services including
| 19 | | childcare and child monitoring; (5) caregiving, personal care, | 20 | | or home health services for elderly persons or persons with an | 21 | | illness, injury, or disability who require assistance in caring | 22 | | for themselves; (6)laundering; (7) cooking; (8) companion | 23 | | services; (9)chauffeuring; and (10) other household services | 24 | | for members of households or their guests in or about a private | 25 | | home or residence or any other location where the domestic work |
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| 1 | | is
performed. | 2 | | "Domestic worker" means a person employed to perform
| 3 | | domestic work. "Domestic worker" does not include: (i) a person
| 4 | | performing domestic work who is the employer's parent, spouse,
| 5 | | child, or other member of his or her immediate family, | 6 | | exclusive of individuals whose primary work duties are | 7 | | caregiving, companion services, personal care, or home health | 8 | | services for elderly persons or persons with an illness, | 9 | | injury, or disability who require assistance in caring for | 10 | | themselves;(ii) child and day care home providers | 11 | | participating in the child care assistance program under | 12 | | Section 9A-11 of the Illinois Public Aid Code; (iii) a person | 13 | | who is employed by one or more employers in or about a private | 14 | | home or residence or any other location where the domestic work | 15 | | is performed for less than 8 hours in the aggregate in any | 16 | | workweek on a regular basis, exclusive of individuals whose | 17 | | primary work duties are caregiving, companion services, | 18 | | personal care, or home health services for elderly persons or | 19 | | persons with an illness, injury, or disability who require | 20 | | assistance in caring for themselves; or (iv) a person who (A) | 21 | | has been and will continue to be free from control and | 22 | | direction over the performance of his or her work, both under a | 23 | | contract of service and in fact and (B) is engaged in an | 24 | | independently established trade, occupation, profession, or | 25 | | business or the person performing domestic work is deemed a | 26 | | legitimate sole proprietor or partnership under subsection (c) |
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| 1 | | of Section 10 of the Employee Classification Act, except that | 2 | | the terms "contractor" and "subcontractor" shall be | 3 | | substituted for "employer" and "domestic worker" respectively, | 4 | | as defined under this Act. | 5 | | "Employee" means a domestic worker. | 6 | | "Employ" includes to suffer or permit to work. | 7 | | "Employer" means any individual; partnership; association;
| 8 | | corporation; limited liability company; business trust;
| 9 | | employment and labor placement agencies where wages are made
| 10 | | directly or indirectly by the agency or business for work
| 11 | | undertaken by employees under hire to a third party pursuant to
| 12 | | a contract between the business or agency with the third party;
| 13 | | the State of Illinois and local governments, or any political
| 14 | | subdivision of the State or local government, or State or local
| 15 | | government agency; for which one or more persons is
gainfully | 16 | | employed, express or implied, whether lawfully or
unlawfully | 17 | | employed, who employs a domestic worker or who
exercises | 18 | | control over the domestic worker's wage, remuneration, or other | 19 | | compensation, hours of employment, place of employment, or | 20 | | working conditions, or whose agent or any other person or group | 21 | | of persons acting directly or indirectly in the interest of an | 22 | | employer in relation to the employee exercises control over the | 23 | | domestic worker's wage, remuneration or other compensation, | 24 | | hours of employment, place of employment, or working | 25 | | conditions. | 26 | | "Live-in domestic worker" means a domestic worker residing |
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| 1 | | on the employer's premises during the tenure of employment. | 2 | | "Work time" means the time during which a domestic
worker | 3 | | is suffered or permitted to work, whether or not required to do | 4 | | so, and whether or not any physical or mental exertion is | 5 | | expended by the domestic worker. | 6 | | Section 15. Work time. | 7 | | (a) An employer shall pay the domestic worker for all work | 8 | | time. | 9 | | (b) Only periods during which a domestic worker is | 10 | | completely relieved from duty and which are long enough to | 11 | | enable him or her to use the time effectively for his or her | 12 | | own purposes (at least 30 minutes) are not hours worked, such | 13 | | as a 30-minute meal period. Periods of shorter duration must be | 14 | | counted as work time. | 15 | | (c) When a domestic worker is on duty for a period of 24 | 16 | | consecutive hours or more on a regular basis, the employer and | 17 | | the domestic worker may agree in writing prior to performance | 18 | | of the work to exclude a regularly scheduled sleeping period of | 19 | | no more than 8 hours from working time for each 24-hour period, | 20 | | provided that the employer provides sleeping quarters that are | 21 | | adequate, decent, safe, and sanitary, and the domestic worker | 22 | | can usually enjoy an uninterrupted night's sleep. If the | 23 | | sleeping time is interrupted by a call to duty, the | 24 | | interruption must be counted as hours worked. If no prior | 25 | | written agreement is made, all meal, rest, and sleeping periods |
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| 1 | | shall constitute work time. | 2 | | (d) All live-in domestic workers shall be provided a | 3 | | sleeping period of at least 8 hours. If the sleeping time is | 4 | | interrupted by a call to duty, the interruption must be counted | 5 | | as hours worked. If the period is interrupted to such an extent | 6 | | that the employee cannot get at least 5 continuous hours of | 7 | | sleep during the scheduled period on a regular basis the entire | 8 | | time is work time. | 9 | | Section 20. Sleeping facilities, meals, and costs.
| 10 | | (a) An employer shall not charge a domestic worker for the | 11 | | cost of lodging, meals, equipment, uniforms, transportation, | 12 | | or any other cost related to his or her employment. | 13 | | (b) All live-in domestic workers shall be provided private | 14 | | quarters for sleeping and dressing typically used for that | 15 | | purpose, with reasonable access to bathroom, kitchen, and | 16 | | laundry facilities. No domestic worker shall be required to | 17 | | share a bed. | 18 | | (c) Lodging under this Section must be in a condition that | 19 | | is safe, healthful, fit for occupancy, and in compliance with | 20 | | terms of a lease, if any, and with the requirements of federal, | 21 | | State, and local law. | 22 | | (d) Termination of a domestic worker's lodging with his or | 23 | | her employer is subject to a minimum of 14 days' notice to | 24 | | vacate if such lodging is the domestic worker's primary | 25 | | residence. If such notice is not provided, the employer shall |
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| 1 | | pay the domestic worker 14 days of pay at the regular rate to | 2 | | be paid on the date the domestic worker must vacate the lodging | 3 | | with his or her employer, in addition to any severance pay that | 4 | | is due the worker. Such notice need not be given nor payment | 5 | | made under limited and extraordinary circumstances, such as | 6 | | when there is probable cause the domestic worker has engaged in | 7 | | child or elder abuse as defined by Illinois law. | 8 | | (e) An employer shall not employ a domestic worker for work | 9 | | time of more than 5 hours per day without the opportunity to | 10 | | eat a meal, whether during work time or not. The opportunity to | 11 | | eat a meal shall be provided no less than once in every 8 hours | 12 | | of consecutive work hours. | 13 | | Section 25. Show-up time, scheduled work time and | 14 | | termination. | 15 | | (a) Two hours of pay at the regular rate shall be paid to | 16 | | any domestic worker who reports to work but is not put to work | 17 | | and has not received at least 2 hours prior notice to not to | 18 | | report for work. | 19 | | (b) Notwithstanding subsection (a), if an employer does not | 20 | | require the domestic worker to report to work for 2 or more | 21 | | consecutive days on a temporary basis for any reason, such as | 22 | | the employer's vacation, or any other change in the work time | 23 | | schedule on a temporary or permanent basis, the employer shall | 24 | | provide to the domestic worker notice at least 7 days in | 25 | | advance of the first day the worker is not required to report |
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| 1 | | to work or there is a change in schedule. If such notice is not | 2 | | provided and the change in work hours results in fewer work | 3 | | hours, the domestic worker shall be paid the hours scheduled to | 4 | | work or 4 hours, whichever is greater, at the regular rate of | 5 | | pay and shall be paid for each subsequent day of involuntary | 6 | | time off if no notice is provided. In circumstances where the | 7 | | change in the work time schedule is not foreseeable by the | 8 | | employer, making advance notice impossible, notice shall be | 9 | | given as soon as practical, but not less than 24 hours after | 10 | | the worker was scheduled for work but was not put to work. In | 11 | | that circumstance, the domestic worker shall be paid in | 12 | | accordance with subsection (a). | 13 | | (c)
If an employer terminates a domestic worker, the | 14 | | employer shall provide to the domestic worker notice of | 15 | | termination at least 14 days in advance of the first day the | 16 | | worker is not required to report to work. If such notice is not | 17 | | provided to domestic workers who work 20 or more hours in any | 18 | | workweek on a regular basis for the terminating employer, the | 19 | | employer shall pay the domestic worker 14 days of severance pay | 20 | | at the regular rate of pay from the date of termination, to be | 21 | | paid no later than the day of termination. If such notice is | 22 | | not provided to domestic workers who work more than 8 hours and | 23 | | less than 20 hours in any workweek on a regular basis for the | 24 | | terminating employer, the employer shall pay the domestic | 25 | | worker 7 days of severance pay at the regular rate of pay from | 26 | | the date of termination, to be paid no later than the date of |
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| 1 | | termination. Severance pay need not be paid under limited and | 2 | | extraordinary circumstances, such as when there is
probable | 3 | | cause the domestic worker has engaged in child or elder abuse | 4 | | as defined by Illinois law. | 5 | | (d) Any provision included in a relevant collective | 6 | | agreement supersedes this Section, if applicable. | 7 | | Section 30. Paid time off.
| 8 | | (a) If a domestic worker works for one employer more than 8 | 9 | | hours in any workweek on a regular basis, the employer shall | 10 | | provide paid time off. | 11 | | (b) Paid time off shall accrue at the rate of one hour of
| 12 | | paid time off for every 40 hours of working time for one
| 13 | | employer up to the maximum of 50 hours paid time off. Paid time | 14 | | off shall be accrued from the first day of employment, but may | 15 | | not be used until the employee has worked for the employer for | 16 | | 6 months, unless the employer agrees. Once the employee has | 17 | | worked for 6 months, paid time
off may be used as accrued, or | 18 | | be loaned by the employer, at
its discretion, to the employee | 19 | | in advance of such accrual. In
cases where an employer has | 20 | | loaned paid time off in advance of accrual, an employer shall | 21 | | not require a domestic worker to
reimburse it for any unearned | 22 | | paid time off. Paid time off
shall be permitted to be used in | 23 | | hourly increments. It is up to
the domestic worker to determine | 24 | | when and how much accrued paid
time off to take under this Act. | 25 | | However, paid time off shall not be used for more than 3 |
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| 1 | | consecutive weeks if it results in a complete absence from | 2 | | employment from the employer subject to the paid time off, | 3 | | unless the employer agrees. Paid time off shall be
provided | 4 | | upon the oral request of the domestic worker and for
any | 5 | | purpose of the domestic worker's choosing. If the necessity
for | 6 | | paid time off is foreseeable, the domestic worker shall
provide | 7 | | the employer with not less than 7 days' oral notice
before the | 8 | | date the leave is to begin. If the necessity for
leave is not | 9 | | foreseeable, the domestic worker shall provide
such notice as | 10 | | soon as is practical after the domestic worker
is aware of the | 11 | | necessity of such leave. The employer may not
require, as a | 12 | | condition of providing paid time off under this
Act, that the | 13 | | domestic worker search for or find a replacement
worker to | 14 | | cover the hours during which the domestic worker is
on paid | 15 | | time off leave. | 16 | | (c) Paid time off shall carry over annually to the extent
| 17 | | not used by the domestic worker, provided that nothing in this
| 18 | | Act shall be construed to require an employer to allow a worker
| 19 | | to use more than 50 hours of paid time off in a year unless an
| 20 | | employer agrees to do so. | 21 | | (d) Upon oral request, an employer shall provide to a
| 22 | | domestic worker an annual statement in writing indicating the
| 23 | | amount and periods of accrued paid time off, unless the | 24 | | employer requires the employee to maintain such records as | 25 | | provided in Section 40 of this Act. | 26 | | (e) During any period a domestic worker takes leave under
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| 1 | | this Act, the employer shall maintain coverage for the domestic
| 2 | | worker and any family member under any group health plan for
| 3 | | the duration of such leave at at least the level and conditions
| 4 | | of coverage that would have been provided if the domestic | 5 | | worker had not taken the leave. | 6 | | Section 35. Privacy. An employer is not permitted to
| 7 | | videotape or otherwise record the domestic worker in any of the
| 8 | | bathrooms, in the area where the sleeping accommodations are
| 9 | | provided while the domestic worker is sleeping, or, in the case
| 10 | | of a live-in domestic worker, the domestic worker's living
| 11 | | area. | 12 | | Section 40. Recordkeeping requirements. | 13 | | (a) An employer
subject to any provision of this Act shall | 14 | | make and preserve
records that document the name and address of | 15 | | each employee,
whether or not the employee was a live-in | 16 | | domestic worker, the
work hours each day in each workweek, the | 17 | | rates of pay, the
amount paid each pay period, all deductions | 18 | | made from wages or
final compensation, the number of paid time | 19 | | off hours earned
each year and the dates on which paid time off | 20 | | hours were taken
and paid, a copy of a written contract, if | 21 | | applicable, any
charges or deduction from wages for any
reason, | 22 | | and any other information the Director may by rule deem
| 23 | | necessary and appropriate for enforcement of this Act. The | 24 | | employer may use an accountant or payroll or similar service to |
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| 1 | | make and preserve records on the employer's behalf required | 2 | | under this Section. | 3 | | (b) The employer is required to maintain these records | 4 | | however, the employer may require the employee to record hours | 5 | | worked and paid time off information and submit such record to | 6 | | the employer. Where there is a reasonable agreement, documented | 7 | | as provided under subsection (b) of Section 45, the written | 8 | | contract may be used to establish the employee's hours of work | 9 | | in lieu of maintaining precise records of the hours actually | 10 | | worked. The employer shall keep a copy of the contract and | 11 | | indicate that the employee's work time generally coincides with | 12 | | the contract. If it is found there is a significant deviation | 13 | | from the initial contract, a separate record shall be kept for | 14 | | that period or a new contract shall be reached that reflects | 15 | | actual facts. | 16 | | (c) An employer subject to any provision of this Act shall | 17 | | preserve
those records for a period of not less than 3 years | 18 | | and shall
make reports from the records as prescribed by rule | 19 | | or order of
the Director, unless the records relate to an | 20 | | ongoing
investigation or enforcement action under this Act, in | 21 | | which
case the records must be maintained until there is an | 22 | | exhaustion of remedies.
| 23 | | (d) An employer shall, upon the oral request of a current | 24 | | or
former employee or his or her representative, make these
| 25 | | records available for inspection and copying by a current or | 26 | | former
employee or his or her representative, at an agreed upon |
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| 1 | | location and time
within
7 calendar days after such a request. | 2 | | If, however, the employer
can reasonably show such deadline | 3 | | cannot be met, the employer
shall have an additional 7 days to | 4 | | comply. An employer may charge a fee for providing a
copy of | 5 | | such information. The fee shall be limited to the
actual cost | 6 | | of duplicating the information. | 7 | | (e) In the absence of employer records, a domestic worker | 8 | | may
not be denied recovery of wages or final compensation on | 9 | | the
basis that the domestic worker is unable to prove the | 10 | | precise
extent of uncompensated work or final compensation.
If | 11 | | an employer requires evidence of hours worked for other
| 12 | | employers, a sworn statement by the employee stating that he or
| 13 | | she has performed or is scheduled to perform domestic work for
| 14 | | more than 8 hours in the aggregate for the relevant workweek
| 15 | | shall satisfy any documentation requirements of hours worked
| 16 | | under this Act. The employer shall not require more than one
| 17 | | sworn statement in a calendar quarter if the hours the employee
| 18 | | has performed or is scheduled to perform domestic work have not
| 19 | | decreased to less than 9 hours in the aggregate in any workweek
| 20 | | in that calendar quarter or less than 100 hours in the
| 21 | | aggregate in the calendar quarter. An employer that requires
| 22 | | evidence of hours worked must give the domestic worker written
| 23 | | notice of such request and allow no less than 10 days or until
| 24 | | the next scheduled work day, whichever is greater, for the
| 25 | | domestic worker to comply. |
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| 1 | | Section 45. Notice and written contract. The Department of | 2 | | Labor shall create a sample written notice and a sample written | 3 | | contract and shall make these documents available for retrieval | 4 | | from the Department's website. | 5 | | (a) Notice. An employer shall notify all domestic workers
| 6 | | and, upon oral request disclose in writing, the following
| 7 | | information, when an offer of employment is made to a domestic
| 8 | | worker: | 9 | | (1) the starting date, time, and place of employment; | 10 | | (2) the wage rates to be paid; | 11 | | (3) the frequency of the payment of wages; | 12 | | (4) the kinds of domestic work for which the domestic | 13 | | worker may be employed; | 14 | | (5) the hours per day, days per week, and period of
| 15 | | employment, including any meal breaks and rest periods. | 16 | | Where work hours are irregular from day to day or week to | 17 | | week by mutual agreement, an average monthly work schedule | 18 | | may satisfy this requirement; | 19 | | (6) leave policies for both paid and unpaid time off
| 20 | | for the domestic worker; | 21 | | (7) notice and other policies for involuntary time off | 22 | | for
the domestic worker; | 23 | | (8)policies regarding notice of termination and | 24 | | severance pay; | 25 | | (9) any employee benefit
to be provided, and any costs | 26 | | to be charged for each of them; |
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| 1 | | (10) any other terms and conditions of employment,
| 2 | | including any workplace hazards that may make the domestic
| 3 | | worker vulnerable to illnesses and other physical
| 4 | | problems; | 5 | | (11) the employer's contact information, including his | 6 | | or her full name, mailing address, and phone number; and
| 7 | | (12) any provision included in a relevant collective | 8 | | bargaining agreement, if applicable. | 9 | | (b) Written contract. If the domestic worker works for one | 10 | | employer more than 8 hours in any workweek on a regular basis, | 11 | | the employer shall provide a written contract that includes: | 12 | | (1) the starting date, time, and place of employment; | 13 | | (2) the rate of pay including overtime and additional
| 14 | | compensation for added duties or multilingual skills; | 15 | | (3) the frequency of the payment of wages;
| 16 | | (4) work time and, when applicable, meal breaks and | 17 | | rest periods, paid and unpaid time off, vacations and | 18 | | holidays, and any foreseeable changes in work schedule, | 19 | | such as a reduction or increase in hours per week or weeks | 20 | | per month; | 21 | | (5) any benefits the employer provides and any costs | 22 | | the domestic worker is expected to pay associated with | 23 | | those benefits such as health insurance, if any; | 24 | | (6) living accommodations provided by the employer and
| 25 | | policies on vacating the premises; | 26 | | (7) the responsibilities associated with the job; |
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| 1 | | (8) any other terms and conditions of employment, | 2 | | including workplace hazards that may make the domestic | 3 | | worker vulnerable to illnesses and other physical | 4 | | problems; | 5 | | (9) the process for addressing increasing wages and the | 6 | | process for
addressing grievances; | 7 | | (10) the right to privacy as required under Section 35 | 8 | | of this Act; | 9 | | (11) show up time, changes in scheduled work time | 10 | | policies, and termination and severance pay policies; | 11 | | (12) the contract period; | 12 | | (13) reimbursement for work-related expenses; and | 13 | | (14) any other rights or benefits afforded to the
| 14 | | domestic worker, including State and federal employment
| 15 | | taxes paid or to be paid by the employer related to the
| 16 | | domestic worker's employment and notice of employment
| 17 | | rights in State law; and | 18 | | (15) any provision included in a relevant collective | 19 | | bargaining agreement, if applicable. | 20 | | If a valid written contract that complies with this Section | 21 | | is entered into by an individual domestic worker and an | 22 | | employer, the written contract may include an alternative | 23 | | reasonable agreement as to certain provisions of this Act, as | 24 | | indicated in those subsections, as long as the domestic worker | 25 | | is compensated for all work time. |
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| 1 | | Section 50. Prohibited acts.
| 2 | | (a) Interference with rights. | 3 | | (1) It shall be unlawful and a violation of this Act | 4 | | for any employer or any other person who discharges, | 5 | | threatens, penalizes, or in any other manner | 6 | | discriminates, retaliates, or takes any adverse action | 7 | | against an employee, because the employee or a person or | 8 | | organization acting on the employee's behalf: (i) | 9 | | exercises rights or attempts to exercise rights under this | 10 | | Act; (ii) opposes practices such employee believes to be in | 11 | | violation of this Act; or (iii) supports the exercise of | 12 | | rights under this Act. Exercising rights, opposing | 13 | | practices, or supporting the exercise of rights under this | 14 | | Act shall include, but not be limited to: (i) filing an | 15 | | action or instituting or causing to be instituted any | 16 | | proceeding under or related to this Act; (ii) providing or | 17 | | preparing to provide any information in connection with any | 18 | | inquiry or proceeding relating to any right provided under | 19 | | this Act; (iii) testifying or preparing to testify in any | 20 | | inquiry or proceeding relating to any right provided under | 21 | | this Act, in a public hearing, or to a community | 22 | | organization; or (iv) informing any other person that his | 23 | | or her employer engages in conduct that the employee | 24 | | reasonably and in good faith believes violates any | 25 | | provisions of this Act. | 26 | | (2) An agreement by an employee to waive his or her |
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| 1 | | rights under this Act is void as against public policy. The | 2 | | benefits provided to employees under this Act may not be | 3 | | diminished by a collective bargaining agreement or an | 4 | | employment benefit program or plan entered into or renewed | 5 | | after the effective date of this Act. | 6 | | (3) It shall be unlawful for an employer to interfere | 7 | | with, restrain, or deny the exercise of or the attempt to | 8 | | exercise any right provided under or in connection with | 9 | | this Act including, but not limited to, using the taking of | 10 | | paid time off as a negative factor in an employment action | 11 | | such as hiring, termination, evaluation, promotion, | 12 | | discipline, or counting the paid time off under a no-fault | 13 | | attendance policy. | 14 | | (b) Nothing in this Act shall limit an employer's ability | 15 | | to provide more generous wages, benefits, or working conditions | 16 | | than those provided under this Act. | 17 | | Section 55. Enforcement.
| 18 | | (a) A domestic worker aggrieved by a violation of this Act
| 19 | | or any rule adopted under this Act shall be entitled to
| 20 | | recover, through a claim filed with the Department of Labor or | 21 | | in a civil action, all legal relief, including actual, | 22 | | compensatory, and punitive damages plus the penalties provided | 23 | | herein, with interest at the prevailing rate as is necessary to | 24 | | remedy violations of this Act, and such equitable relief as may | 25 | | be appropriate. An action may be brought to the Department of |
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| 1 | | Labor or in a civil action no more than 3 years after the date | 2 | | of the last event constituting the alleged violation for which | 3 | | the action is brought. Actions may be brought by one or more | 4 | | domestic workers for and on behalf of themselves and other | 5 | | domestic workers similarly situated. The Department and the | 6 | | court in such an action shall, in addition to any judgment | 7 | | awarded to the domestic worker, allow reasonable attorney's | 8 | | fees, reasonable expert witness fees, and other costs of the | 9 | | action to be paid by the defendant or employer. In addition, | 10 | | any employer that the Department or a court finds to have | 11 | | violated any provision of this Act or any rule adopted under | 12 | | this Act, when the damages equal to the amount of wages, | 13 | | salary, employment benefits, final compensation, or other | 14 | | compensation denied or lost the Department or the court has | 15 | | ordered to be paid by such employer is less than $1,000 and | 16 | | when the employer's conduct is proven by a preponderance of the | 17 | | evidence to be willful, repeated, or with reckless disregard of | 18 | | this Act or any rule adopted under this Act, the employer is | 19 | | subject to a civil money penalty not to exceed $250 for each | 20 | | separate offense, payable to the domestic worker. Any employer | 21 | | that the Department or a court finds to have violated any | 22 | | provision of this Act or any rule adopted under this Act, and | 23 | | the damages equal to the amount of wages, salary, employment | 24 | | benefits, final compensation, or other compensation denied or | 25 | | lost the Department or the court has ordered to be paid by such | 26 | | employer is $1,000 or more, and where the employer's conduct is |
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| 1 | | proven by a preponderance of the evidence to be willful, | 2 | | repeated, or with reckless disregard of this Act or any rule | 3 | | adopted under this Act, the employer is subject to a civil | 4 | | money penalty not to exceed $3,000 for each separate offense, | 5 | | payable to the domestic worker. In determining the amount of | 6 | | the penalty, the gravity of the violation shall be considered. | 7 | | Employers who have employed less than 3 domestic workers | 8 | | throughout the duration of employment of the aggrieved employee | 9 | | and have been found to have violated only one provision of this | 10 | | Act, and where the employer's conduct is not proven to be | 11 | | willful, repeated, or with reckless disregard of this Act or | 12 | | any rule adopted under this Act, that employer shall not be | 13 | | subject to the civil money penalties in this subsection. | 14 | | (b) It shall be the duty of the Department of Labor to | 15 | | enforce the provisions of this Act. Any person may file a | 16 | | complaint with the Department against an entity or employer | 17 | | covered under this Act alleging that the entity or employer is | 18 | | in violation of this Act. The Department shall have the power | 19 | | to conduct investigations in connection with the | 20 | | administration and enforcement of this Act. The Director of | 21 | | Labor or his or her representative may compel, by subpoena, the | 22 | | attendance and testimony of witnesses and the production of | 23 | | books, payrolls, records, papers, and other evidence in any | 24 | | investigation and may administer oaths to witnesses. If, upon | 25 | | investigation, the Department finds cause to believe that this | 26 | | Act has been violated, the Department shall notify the parties |
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| 1 | | in writing, and the matter will be referred to an | 2 | | Administrative Law Judge to schedule a formal hearing. | 3 | | (c) The Department may establish an administrative | 4 | | procedure to adjudicate claims and to issue final and binding | 5 | | administrative decisions on such claims subject to the | 6 | | Administrative Review Law. To establish such a procedure, the | 7 | | Director of Labor or her or his authorized representative may | 8 | | promulgate rules and regulations. The adoption, amendment, or | 9 | | rescission of rules and regulations for such a procedure shall | 10 | | be in conformity with the requirements of the Illinois | 11 | | Administrative Procedure Act. | 12 | | (d) An individual whose rights have been violated under | 13 | | this Act may seek any and all legal and equitable relief to | 14 | | remedy violations of this Act, including but not limited to | 15 | | wages and overtime not paid. The administrative procedures | 16 | | established under subsection (c) for enforcement shall | 17 | | supersede the administrative enforcement procedures set forth | 18 | | in the Minimum Wage Law and the One Day in Rest in Seven Act. | 19 | | (e) Where the Department has found that an employer has | 20 | | failed to pay wages or overtime to an employee as required by | 21 | | the Minimum Wage Law the employee shall be entitled to receive | 22 | | the penalties provided for under the Minimum Wage Law. | 23 | | (f) Where a complaint has been filed with the Department, | 24 | | any employer who has been ordered by the Department or ordered | 25 | | by the court to pay wages, and benefits, and other compensation | 26 | | or other relief due under this Act to an employee shall be |
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| 1 | | required to pay a non-waivable administrative fee to the | 2 | | Department of Labor in the amount of $100 if the amount ordered | 3 | | by the Department as wages owed is $1,000 or less; $250 if the | 4 | | amount ordered by the Department as wages owed is more than | 5 | | $1,000, but $3,000 or less; $500 if the amount ordered by the | 6 | | Department as wages owed is more than $3,000, but less than | 7 | | $10,000; and $1,000 if the amount ordered by the Department as | 8 | | wages owed is $10,000 or more. Any employer who has been | 9 | | ordered by the Department or ordered by a court to pay such | 10 | | wages, benefits, and other compensation or relief, and who | 11 | | fails to seek timely review of such an order as provided under | 12 | | this Act and who fails to comply within 15 calendar days after | 13 | | such demand or within 35 days of an administrative or court | 14 | | order is entered shall also be liable to pay a penalty to the | 15 | | Department of Labor of 20% of the amount found owing. | 16 | | (g) Any employer, or any agent of an employer, who | 17 | | discharges or in any manner discriminates against any employee | 18 | | because that employee has made a complaint to his employer, to | 19 | | the Director of Labor or his authorized representative, in a | 20 | | public hearing, or to a community organization that he or she | 21 | | has not been paid in accordance with the provisions of this | 22 | | Act, or because that employee has caused to be instituted any | 23 | | proceeding under or related to this Act, or because that | 24 | | employee has testified in an investigation or proceeding under | 25 | | this Act, shall be entitled to recover through a claim filed | 26 | | with the Department of Labor or in a civil action, in the case |
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| 1 | | of discrimination or retaliation, all legal and equitable | 2 | | relief as may be appropriate and attorney's fees and costs. | 3 | | (h) A final decision of an Administrative Law Judge issued | 4 | | pursuant to this Section is subject to the provisions of the | 5 | | Administrative Review Law and shall be enforceable in an action | 6 | | brought in the name of the people of the State of Illinois by | 7 | | the Attorney General. | 8 | | (i) Necessary legal action may be brought by the Department | 9 | | on behalf of the domestic worker to collect the judgment, and | 10 | | the employer shall be required to pay the costs incurred in | 11 | | collecting the judgment. | 12 | | (j) A domestic worker or a representative of domestic | 13 | | workers aggrieved by a violation of this Act or any rule under | 14 | | this Act may file suit in circuit court in the county where the | 15 | | alleged violation occurred or where any domestic worker who is | 16 | | a party to this action resides, without regard to exhaustion of | 17 | | remedies provided in this Act. Actions may be brought by one or | 18 | | more domestic workers for and on behalf of themselves and other | 19 | | domestic workers similarly situated. | 20 | | (k) All moneys recovered as fees and civil penalties by the | 21 | | Department under this Act, except those owing to the affected | 22 | | employee, shall be deposited into the Domestic Workers' Fund, a | 23 | | special fund that is hereby created in the State treasury. | 24 | | Moneys shall be used by the Department for administration, | 25 | | investigation and other expenses incurred in carrying out its | 26 | | duties under this Act. Any moneys in the Fund at the end of the |
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| 1 | | fiscal year in excess of those moneys necessary for the | 2 | | Department to carry out its powers and duties under this Act | 3 | | shall be available to the Department for the next fiscal year | 4 | | for any of its duties. | 5 | | (l) The Director shall adopt rules necessary to administer | 6 | | and enforce this Act in accordance with the Illinois | 7 | | Administrative Procedure Act. The Attorney General of Illinois | 8 | | may intervene on behalf of the Department if the Department | 9 | | certifies that the case is of general public importance. Upon | 10 | | such intervention the court may award such relief as is | 11 | | authorized to be granted an employee who has filed a complaint | 12 | | or whose representative has filed a complaint under this | 13 | | Section. | 14 | | (m) Nothing herein shall be construed to prevent any | 15 | | employee from making complaint or prosecuting his or her own | 16 | | claim. Any employee aggrieved by a violation of this Act or any | 17 | | rule adopted under this Act may file suit in circuit court of | 18 | | Illinois, in the county where the alleged violation occurred or | 19 | | where any employee who is party to the action resides, without | 20 | | regard to exhaustion of administrative remedies provided in | 21 | | this Act. Actions may be brought by one or more employees for | 22 | | and on behalf of themselves and other employees similarly | 23 | | situated. | 24 | | (n) An individual whose rights have been violated under | 25 | | this Act may seek any and all remedies provided in this Act, | 26 | | including reasonable attorney's fees for the prevailing |
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| 1 | | employee, whether those remedies are obtained through court | 2 | | order, a suit, or a claim that is settled by private agreement. | 3 | | The rights and remedies specified under this Act are cumulative | 4 | | and nonexclusive and are in addition to any other rights or | 5 | | remedies afforded by contract or under other provisions of | 6 | | Illinois law.
| 7 | | Section 90. The State Finance Act is amended by adding | 8 | | Section 5.855 as follows: | 9 | | (30 ILCS 105/5.855 new) | 10 | | Sec. 5.855. The Domestic Workers' Fund. | 11 | | Section 91. The Illinois Human Rights Act is amended by | 12 | | changing Section 2-101 as follows:
| 13 | | (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
| 14 | | Sec. 2-101. Definitions. The following definitions are | 15 | | applicable
strictly in the context of this Article.
| 16 | | (A) Employee.
| 17 | | (1) "Employee" includes:
| 18 | | (a) Any individual performing services for | 19 | | remuneration within this
State for an employer;
| 20 | | (b) An apprentice;
| 21 | | (c) An applicant for any apprenticeship.
| 22 | | (2) "Employee" does not include:
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| 1 | | (a) (Blank); Domestic servants in private homes;
| 2 | | (b) Individuals employed by persons who are not | 3 | | "employers" as
defined by this Act;
| 4 | | (c) Elected public officials or the members of | 5 | | their immediate
personal staffs;
| 6 | | (d) Principal administrative officers of the State | 7 | | or of any
political subdivision, municipal corporation | 8 | | or other governmental unit
or agency;
| 9 | | (e) A person in a vocational rehabilitation | 10 | | facility certified under
federal law who has been | 11 | | designated an evaluee, trainee, or work
activity | 12 | | client.
| 13 | | (B) Employer.
| 14 | | (1) "Employer" includes:
| 15 | | (a) Any person employing 15 or more employees | 16 | | within Illinois during
20 or more calendar weeks within | 17 | | the calendar year of or preceding the alleged
| 18 | | violation;
| 19 | | (b) Any person employing one or more employees when | 20 | | a complainant
alleges civil rights violation due to | 21 | | unlawful discrimination based
upon his or her physical | 22 | | or mental disability unrelated to ability or
sexual | 23 | | harassment;
| 24 | | (c) The State and any political subdivision, | 25 | | municipal corporation
or other governmental unit or | 26 | | agency, without regard to the number of
employees;
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| 1 | | (d) Any party to a public contract without regard | 2 | | to the number of
employees;
| 3 | | (e) A joint apprenticeship or training committee | 4 | | without regard to the
number of employees.
| 5 | | (2) "Employer" does not include any religious | 6 | | corporation,
association, educational institution, | 7 | | society, or non-profit nursing
institution conducted by | 8 | | and for those who rely upon treatment by prayer
through | 9 | | spiritual means in accordance with the tenets of a | 10 | | recognized
church or religious denomination with respect | 11 | | to the employment of
individuals of a particular religion | 12 | | to perform work connected with the
carrying on by such | 13 | | corporation, association, educational institution,
society | 14 | | or non-profit nursing institution of its activities.
| 15 | | (C) Employment Agency. "Employment Agency" includes both | 16 | | public and
private employment agencies and any person, labor | 17 | | organization, or labor
union having a hiring hall or hiring | 18 | | office regularly undertaking, with
or without compensation, to | 19 | | procure opportunities to work, or to
procure, recruit, refer or | 20 | | place employees.
| 21 | | (D) Labor Organization. "Labor Organization" includes any
| 22 | | organization, labor union, craft union, or any voluntary | 23 | | unincorporated
association designed to further the cause of the | 24 | | rights of union labor
which is constituted for the purpose, in | 25 | | whole or in part, of collective
bargaining or of dealing with | 26 | | employers concerning grievances, terms or
conditions of |
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| 1 | | employment, or apprenticeships or applications for
| 2 | | apprenticeships, or of other mutual aid or protection in | 3 | | connection with
employment, including apprenticeships or | 4 | | applications for apprenticeships.
| 5 | | (E) Sexual Harassment. "Sexual harassment" means any | 6 | | unwelcome sexual
advances or requests for sexual favors or any | 7 | | conduct of a sexual nature
when (1) submission to such conduct | 8 | | is made either explicitly or implicitly
a term or condition of | 9 | | an individual's employment, (2) submission to or
rejection of | 10 | | such conduct by an individual is used as the basis for
| 11 | | employment decisions affecting such individual, or (3) such | 12 | | conduct has the
purpose or effect of substantially interfering | 13 | | with an individual's work
performance or creating an | 14 | | intimidating, hostile or offensive working
environment.
| 15 | | (F) Religion. "Religion" with respect to employers | 16 | | includes all
aspects of religious observance and practice, as | 17 | | well as belief, unless an
employer demonstrates that he is | 18 | | unable to reasonably accommodate an
employee's or prospective | 19 | | employee's religious observance or practice
without undue | 20 | | hardship on the conduct of the employer's business.
| 21 | | (G) Public Employer. "Public employer" means the State, an | 22 | | agency or
department thereof, unit of local government, school | 23 | | district,
instrumentality or political subdivision.
| 24 | | (H) Public Employee. "Public employee" means an employee of | 25 | | the State,
agency or department thereof, unit of local | 26 | | government, school district,
instrumentality or political |
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| 1 | | subdivision. "Public employee" does not include
public | 2 | | officers or employees of the General Assembly or agencies | 3 | | thereof.
| 4 | | (I) Public Officer. "Public officer" means a person who is | 5 | | elected to
office pursuant to the Constitution or a statute or | 6 | | ordinance, or who is
appointed to an office which is | 7 | | established, and the qualifications and
duties of which are | 8 | | prescribed, by the Constitution or a statute or
ordinance, to | 9 | | discharge a public duty for the State, agency or department
| 10 | | thereof, unit of local government, school district, | 11 | | instrumentality or
political subdivision.
| 12 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 13 | | prior to a
bid opening, has filed with the Department a | 14 | | properly completed, sworn and
currently valid employer report | 15 | | form, pursuant to the Department's regulations.
The provisions | 16 | | of this Article relating to eligible bidders apply only
to bids | 17 | | on contracts with the State and its departments, agencies, | 18 | | boards,
and commissions, and the provisions do not apply to | 19 | | bids on contracts with
units of local government or school | 20 | | districts.
| 21 | | (K) Citizenship Status. "Citizenship status" means the | 22 | | status of being:
| 23 | | (1) a born U.S. citizen;
| 24 | | (2) a naturalized U.S. citizen;
| 25 | | (3) a U.S. national; or
| 26 | | (4) a person born outside the United States and not a |
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| 1 | | U.S. citizen who
is not an unauthorized alien and who is | 2 | | protected from discrimination under
the provisions of | 3 | | Section 1324b of Title 8 of the United States Code, as
now | 4 | | or hereafter amended.
| 5 | | (Source: P.A. 97-877, eff. 8-2-12.)
| 6 | | Section 92. The Minimum Wage Law is amended by changing | 7 | | Section 3 as follows:
| 8 | | (820 ILCS 105/3) (from Ch. 48, par. 1003)
| 9 | | Sec. 3. As used in this Act:
| 10 | | (a) "Director" means the Director of the Department of | 11 | | Labor, and
"Department" means the Department of Labor.
| 12 | | (b) "Wages" means compensation due to an employee by reason | 13 | | of his
employment, including allowances determined by the | 14 | | Director in
accordance with the provisions of this Act for | 15 | | gratuities and, when
furnished by the employer, for meals and | 16 | | lodging actually used by the
employee.
| 17 | | (c) "Employer" includes any individual, partnership, | 18 | | association,
corporation, limited liability company, business | 19 | | trust, governmental or quasi-governmental body, or
any person | 20 | | or group of persons acting directly or indirectly in the
| 21 | | interest of an employer in relation to an employee, for which | 22 | | one or
more persons are gainfully employed on some day within a | 23 | | calendar year.
An employer is subject to this Act in a calendar | 24 | | year on and after the
first day in such calendar year in which |
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| 1 | | he employs one or more persons,
and for the following calendar | 2 | | year.
| 3 | | (d) "Employee" includes any individual permitted to work by | 4 | | an
employer in an occupation including one or more domestic | 5 | | workers, as defined in the Domestic Workers' Bill of Rights | 6 | | Act , but does not include any individual permitted
to work:
| 7 | | (1) For an employer employing fewer than 4 employees | 8 | | exclusive of
the employer's parent, spouse or child or | 9 | | other members of his immediate
family.
| 10 | | (2) As an employee employed in agriculture or | 11 | | aquaculture (A) if such
employee is
employed by an employer | 12 | | who did not, during any calendar quarter during
the | 13 | | preceding calendar year, use more than 500 man-days of | 14 | | agricultural
or aquacultural
labor, (B) if such employee is | 15 | | the parent, spouse or child, or other
member of the | 16 | | employer's immediate family, (C) if such employee (i) is
| 17 | | employed as a hand harvest laborer and is paid on a piece | 18 | | rate basis in
an operation which has been, and is | 19 | | customarily and generally recognized
as having been, paid | 20 | | on a piece rate basis in the region of employment,
(ii) | 21 | | commutes daily from his permanent residence to the farm on | 22 | | which he
is so employed, and (iii) has been employed in | 23 | | agriculture less than 13
weeks during the preceding | 24 | | calendar year, (D) if such employee (other
than an employee | 25 | | described in clause (C) of this subparagraph): (i) is
16 | 26 | | years of age or under and is employed as a hand harvest |
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| 1 | | laborer, is paid
on a piece rate basis in an operation | 2 | | which has been, and is customarily
and generally recognized | 3 | | as having been, paid on a piece rate basis in
the region of | 4 | | employment, (ii) is employed on the same farm as his
parent | 5 | | or person standing in the place of his parent, and (iii) is | 6 | | paid
at the same piece rate as employees over 16 are paid | 7 | | on the same farm.
| 8 | | (3) (Blank) In domestic service in or about a private | 9 | | home .
| 10 | | (4) As an outside salesman.
| 11 | | (5) As a member of a religious corporation or | 12 | | organization.
| 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
| 17 | | amended.
| 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.
| 25 | | The above exclusions from the term "employee" may be | 26 | | further defined
by regulations of the Director.
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| 1 | | (e) "Occupation" means an industry, trade, business or | 2 | | class of work
in which employees are gainfully employed.
| 3 | | (f) "Gratuities" means voluntary monetary contributions to | 4 | | an
employee from a guest, patron or customer in connection with | 5 | | services
rendered.
| 6 | | (g) "Outside salesman" means an employee regularly engaged | 7 | | in making
sales or obtaining orders or contracts for services | 8 | | where a major
portion of such duties are performed away from | 9 | | his employer's place of
business.
| 10 | | (h) "Day camp" means a seasonal recreation program in | 11 | | operation for no more than 16 weeks intermittently throughout | 12 | | the calendar year, accommodating for profit or under | 13 | | philanthropic or charitable auspices, 5 or more children under | 14 | | 18 years of age, not including overnight programs. The term | 15 | | "day camp" does not include a "day care agency", "child care | 16 | | facility" or "foster family home" as licensed by the Illinois | 17 | | Department of Children and Family Services. | 18 | | (Source: P.A. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)
| 19 | | Section 93. The Wages of Women and Minors Act is amended by | 20 | | changing Section 1 as follows:
| 21 | | (820 ILCS 125/1) (from Ch. 48, par. 198.1)
| 22 | | Sec. 1. As used in this Act:
| 23 | | "Department" means the Department of Labor.
| 24 | | "Director" means the Director of the Department of Labor.
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| 1 | | "Wage Board" means a board created as provided in this
Act.
| 2 | | "Woman" means a female of 18 years or over.
| 3 | | "Minor" means a person under the age of 18 years.
| 4 | | "Occupation" means an industry, trade or business or branch | 5 | | thereof or
class of work therein in which women or minors are | 6 | | gainfully employed, but
does not include domestic service in | 7 | | the home of the employer or labor on a
farm.
| 8 | | "An oppressive and unreasonable wage" means a wage which is | 9 | | both less
than the fair and reasonable value of the services | 10 | | rendered and less than
sufficient to meet the minimum cost of | 11 | | living necessary for health.
| 12 | | "A fair wage" means a wage fairly and reasonably | 13 | | commensurate with the
value of the services or class of service | 14 | | rendered. In establishing a
minimum fair wage for any service | 15 | | or class of service under this Act the
Department and the wage | 16 | | board without being bound by any technical rules of
evidence or | 17 | | procedure (1) may take into account all relevant circumstances
| 18 | | affecting the value of the service or class of service | 19 | | rendered, and (2)
may
be guided by like considerations as would | 20 | | guide a court in a suit for the
reasonable value of services | 21 | | rendered where services are rendered at the
request of an | 22 | | employer without contract as to the amount of the wage to be
| 23 | | paid, and (3) may consider the wages paid in the State for work | 24 | | of like or
comparable character by employers who voluntarily | 25 | | maintain minimum fair
wage standards.
| 26 | | "A directory order" means an order the nonobservance of |
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| 1 | | which may be
published as provided in Section 9 of this Act.
| 2 | | "A mandatory order" means an order the violation of which | 3 | | is subject to
the penalties prescribed in paragraph 2 of | 4 | | Section 15 of this Act.
| 5 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 6 | | Section 94. The One Day Rest In Seven Act is amended by | 7 | | changing Section 2 as follows:
| 8 | | (820 ILCS 140/2) (from Ch. 48, par. 8b)
| 9 | | Sec. 2. Hours and days of rest in every calendar week. | 10 | | (a) Every employer shall allow every employee except those | 11 | | specified
in this
Section at least twenty-four consecutive | 12 | | hours of rest in every calendar
week in addition to the regular | 13 | | period of rest allowed at the close of each
working day. A | 14 | | person employed as a domestic worker, as defined in Section 10 | 15 | | of the Domestic Workers' Bill of Rights Act, shall be allowed | 16 | | at least 24 consecutive hours of rest in every calendar week. | 17 | | This subsection (a) does not prohibit a domestic worker from | 18 | | voluntarily agreeing to work on such day of rest required by | 19 | | this subsection (a); provided that the worker is compensated at | 20 | | the overtime rate for all hours worked on such day of rest. The | 21 | | day of rest authorized under this subsection (a) should, | 22 | | whenever possible, coincide with the traditional day reserved | 23 | | by the domestic worker for religious worship. The hours and | 24 | | days of rest allowed under this Act shall be in addition to any |
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| 1 | | paid time off earned under Section 40 of the Domestic Workers' | 2 | | Bill of Rights Act.
| 3 | | (b) Subsection (a) This Section does not apply to the | 4 | | following:
| 5 | | (1) Part-time employees whose total work hours for one | 6 | | employer during a
calendar week do not exceed 20; and
| 7 | | (2) Employees needed in case of breakdown of machinery or | 8 | | equipment or
other emergency requiring the immediate services | 9 | | of experienced and
competent labor to prevent injury to person, | 10 | | damage to property, or
suspension of necessary operation; and
| 11 | | (3) Employees employed in agriculture or coal mining; and
| 12 | | (4) Employees engaged in the occupation of canning and | 13 | | processing
perishable agricultural products, if such employees | 14 | | are employed by an
employer in such occupation on a seasonal | 15 | | basis and for not more than 20
weeks during any calendar year | 16 | | or 12 month period; and
| 17 | | (5) Employees employed as watchmen or security guards; and
| 18 | | (6) Employees who are employed in a bonafide executive, | 19 | | administrative,
or professional capacity or in the capacity of | 20 | | an outside salesman, as
defined in Section 12 (a) (1) of the | 21 | | federal Fair Labor Standards Act, as
amended, and those | 22 | | employed as supervisors as defined in Section 2 (11) of
the | 23 | | National Labor Relations Act, as amended; and
| 24 | | (7) Employees who are employed as crew members of any | 25 | | uninspected towing
vessel, as defined by Section 2101(40) of | 26 | | Title 46 of the United States Code,
operating in any navigable |
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| 1 | | waters in or along the boundaries of the State of
Illinois.
| 2 | | (Source: P.A. 92-623, eff. 7-11-02.)
| 3 | | Section 97. Severability. If any provision of this Act or | 4 | | the application of such provision to any person or circumstance | 5 | | is preempted by or held to be in violation of Illinois or | 6 | | federal law or regulation, the remainder of the provisions of | 7 | | this Act and the application of those provisions to any person | 8 | | or circumstance shall not be affected. | 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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