HB3631 EnrolledLRB100 06920 JLS 21853 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 5. The Minimum Wage Law is amended by changing
5Section 3 as follows:
6    (820 ILCS 105/3)  (from Ch. 48, par. 1003)
7    Sec. 3. As used in this Act:
8    (a) "Director" means the Director of the Department of
9Labor, and "Department" means the Department of Labor.
10    (b) "Wages" means compensation due to an employee by reason
11of his employment, including allowances determined by the
12Director in accordance with the provisions of this Act for
13gratuities and, when furnished by the employer, for meals and
14lodging actually used by the employee.
15    (c) "Employer" includes any individual, partnership,
16association, corporation, limited liability company, business
17trust, governmental or quasi-governmental body, or any person
18or group of persons acting directly or indirectly in the
19interest of an employer in relation to an employee, for which
20one or more persons are gainfully employed on some day within a
21calendar year. An employer is subject to this Act in a calendar
22year on and after the first day in such calendar year in which
23he employs one or more persons, and for the following calendar



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2    (d) "Employee" includes any individual permitted to work by
3an employer in an occupation, and includes, notwithstanding
4subdivision (1) of this subsection (d), one or more domestic
5workers as defined in Section 10 of the Domestic Workers' Bill
6of Rights Act, but does not include any individual permitted to
8        (1) For an employer employing fewer than 4 employees
9    exclusive of the employer's parent, spouse or child or
10    other members of his immediate family.
11        (2) As an employee employed in agriculture or
12    aquaculture (A) if such employee is employed by an employer
13    who did not, during any calendar quarter during the
14    preceding calendar year, use more than 500 man-days of
15    agricultural or aquacultural labor, (B) if such employee is
16    the parent, spouse or child, or other member of the
17    employer's immediate family, (C) if such employee (i) is
18    employed as a hand harvest laborer and is paid on a piece
19    rate basis in an operation which has been, and is
20    customarily and generally recognized as having been, paid
21    on a piece rate basis in the region of employment, (ii)
22    commutes daily from his permanent residence to the farm on
23    which he is so employed, and (iii) has been employed in
24    agriculture less than 13 weeks during the preceding
25    calendar year, (D) if such employee (other than an employee
26    described in clause (C) of this subparagraph): (i) is 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.
9        (3) (Blank).
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        (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
10further defined by regulations of the Director.
11    (e) "Occupation" means an industry, trade, business or
12class of work in which employees are gainfully employed.
13    (f) "Gratuities" means voluntary monetary contributions to
14an employee from a guest, patron or customer in connection with
15services rendered.
16    (g) "Outside salesman" means an employee regularly engaged
17in making sales or obtaining orders or contracts for services
18where a major portion of such duties are performed away from
19his employer's place of business.
20    (h) "Day camp" means a seasonal recreation program in
21operation for no more than 16 weeks intermittently throughout
22the calendar year, accommodating for profit or under
23philanthropic or charitable auspices, 5 or more children under
2418 years of age, not including overnight programs. The term
25"day camp" does not include a "day care agency", "child care
26facility" or "foster family home" as licensed by the Illinois



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1Department of Children and Family Services.
2(Source: P.A. 99-758, eff. 1-1-17.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.