Full Text of SB2003 103rd General Assembly
SB2003 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2003 Introduced 2/9/2023, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED: |
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820 ILCS 105/3 | from Ch. 48, par. 1003 |
820 ILCS 105/4a | from Ch. 48, par. 1004a |
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Amends the Minimum Wage Law. Provides that the definition of "employee" includes specified workers employed in agriculture. In provisions requiring the payment of overtime, removes the exclusion of employers of agricultural labor with respect to agricultural employment.
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Minimum Wage Law is amended by changing | 5 | | Sections 3 and 4a 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 | 9 | | Labor, and
"Department" means the Department of Labor.
| 10 | | (b) "Wages" means compensation due to an employee by | 11 | | reason of his
employment, including allowances determined by | 12 | | the 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.
| 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
| 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.
| 2 | | (d) "Employee" includes any individual permitted to work | 3 | | by an
employer in an occupation, and includes the following: | 4 | | (i) , notwithstanding subdivision (1) of this subsection (d), | 5 | | one or more domestic workers as defined in Section 10 of the | 6 | | Domestic Workers' Bill of Rights Act ; and (ii) any individual | 7 | | employed in agriculture, except as provided in paragraph (2). | 8 | | "Employee" , but does not include any individual permitted
to | 9 | | work:
| 10 | | (1) For an employer employing fewer than 4 employees | 11 | | exclusive of
the employer's parent, spouse or child or | 12 | | other members of his immediate
family.
| 13 | | (2) As an employee employed in agriculture or | 14 | | aquaculture (A) if such
employee is
employed by an | 15 | | employer who did not, during any calendar quarter during
| 16 | | the preceding calendar year, use more than 500 man-days of | 17 | | agricultural
or aquacultural
labor, (B) if such employee | 18 | | is the parent, spouse or child, or other
member of the | 19 | | employer's immediate family, (B) (C) if such employee (i) | 20 | | is
employed as a hand harvest laborer and is paid on a | 21 | | piece rate basis in
an operation which has been, and is | 22 | | customarily and generally recognized
as having been, paid | 23 | | on a piece rate basis in the region of employment,
(ii) | 24 | | commutes daily from his permanent residence to the farm on | 25 | | which he
is so employed, and (iii) has been employed in | 26 | | agriculture less than 13
weeks during the preceding |
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| 1 | | calendar year, (C) (D) if such employee (other
than an | 2 | | employee described in clause (B) (C) of this | 3 | | subparagraph): (i) is
16 years of age or under and is | 4 | | employed as a hand harvest laborer, is paid
on a piece rate | 5 | | basis in an operation which has been, and is customarily
| 6 | | and generally recognized as having been, paid on a piece | 7 | | rate basis in
the region of employment, (ii) is employed | 8 | | on the same farm as his
parent or person standing in the | 9 | | place of his parent, and (iii) is paid
at the same piece | 10 | | rate as employees over 16 are paid on the same farm.
| 11 | | (3) (Blank).
| 12 | | (4) As an outside salesman.
| 13 | | (5) As a member of a religious corporation or | 14 | | organization.
| 15 | | (6) At an accredited Illinois college or university | 16 | | employed by the
college
or university at which he is a | 17 | | student who is covered under the provisions
of the Fair | 18 | | Labor Standards Act of 1938, as heretofore or hereafter
| 19 | | amended.
| 20 | | (7) For a motor carrier and with respect to whom the | 21 | | U.S. Secretary of
Transportation has the power to | 22 | | establish qualifications and maximum hours of
service | 23 | | under the provisions of Title 49 U.S.C. or the State of | 24 | | Illinois under
Section 18b-105 (Title 92 of the Illinois | 25 | | Administrative Code, Part 395 -
Hours of Service of | 26 | | Drivers) of the Illinois Vehicle
Code.
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| 1 | | (8) As an employee employed as a player who is 28 years | 2 | | old or younger, a manager, a coach, or an athletic trainer | 3 | | by a minor league professional baseball team not | 4 | | affiliated with a major league baseball club, if (A) the | 5 | | minor league professional baseball team does not operate | 6 | | for more than 7 months in any calendar year or (B) during | 7 | | the preceding calendar year, the minor league professional | 8 | | baseball team's average receipts for any 6-month period of | 9 | | the year were not more than 33 1/3% of its average receipts | 10 | | for the other 6 months of the year. | 11 | | The above exclusions from the term "employee" may be | 12 | | further defined
by regulations of the Director.
| 13 | | (e) "Occupation" means an industry, trade, business or | 14 | | class of work
in which employees are gainfully employed.
| 15 | | (f) "Gratuities" means voluntary monetary contributions to | 16 | | an
employee from a guest, patron or customer in connection | 17 | | with services
rendered.
| 18 | | (g) "Outside salesman" means an employee regularly engaged | 19 | | in making
sales or obtaining orders or contracts for services | 20 | | where a major
portion of such duties are performed away from | 21 | | his employer's place of
business.
| 22 | | (h) "Day camp" means a seasonal recreation program in | 23 | | operation for no more than 16 weeks intermittently throughout | 24 | | the calendar year, accommodating for profit or under | 25 | | philanthropic or charitable auspices, 5 or more children under | 26 | | 18 years of age, not including overnight programs. The term |
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| 1 | | "day camp" does not include a "day care agency", "child care | 2 | | facility" or "foster family home" as licensed by the Illinois | 3 | | Department of Children and Family Services. | 4 | | (Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)
| 5 | | (820 ILCS 105/4a) (from Ch. 48, par. 1004a)
| 6 | | Sec. 4a. (1) Except as otherwise provided in this Section, | 7 | | no employer
shall employ any of his employees for a workweek of | 8 | | more than 40 hours
unless such employee receives compensation | 9 | | for his employment in excess of
the hours above specified at a | 10 | | rate not less than 1 1/2 times the regular
rate at which he is | 11 | | employed.
| 12 | | (2) The provisions of subsection (1) of this Section are | 13 | | not applicable to:
| 14 | | A. Any salesman or mechanic primarily engaged in | 15 | | selling or servicing
automobiles, trucks or farm | 16 | | implements, if he is employed by a nonmanufacturing
| 17 | | establishment primarily engaged in the business of selling | 18 | | such vehicles
or implements to ultimate purchasers.
| 19 | | B. Any salesman primarily engaged in selling trailers, | 20 | | boats, or aircraft,
if he is employed by a | 21 | | nonmanufacturing establishment primarily engaged
in the | 22 | | business of selling trailers, boats, or aircraft to | 23 | | ultimate purchasers.
| 24 | | C. (Blank). Any employer of agricultural labor, with | 25 | | respect to such
agricultural employment.
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| 1 | | D. Any employee of a governmental body excluded from | 2 | | the definition of "employee" under paragraph (e)(2)(C) of | 3 | | Section 3 of the Federal Fair Labor Standards Act of 1938.
| 4 | | E. Any employee employed in a bona fide executive, | 5 | | administrative or
professional capacity, including any | 6 | | radio or television announcer, news
editor, or chief | 7 | | engineer, as defined by or covered by the Federal Fair
| 8 | | Labor Standards Act
of 1938 and the rules adopted under
| 9 | | that Act, as both exist on March 30, 2003, but compensated
| 10 | | at the amount of salary specified in subsections (a) and
| 11 | | (b) of Section 541.600 of Title 29 of the Code of Federal
| 12 | | Regulations as proposed in the Federal Register on March
| 13 | | 31, 2003 or a greater amount of salary as may be adopted by
| 14 | | the United States Department of Labor. For bona fide | 15 | | executive,
administrative, and professional employees of | 16 | | not-for-profit corporations,
the Director may, by | 17 | | regulation, adopt a weekly wage rate standard lower
than | 18 | | that provided for executive, administrative, and | 19 | | professional
employees covered under the Fair Labor | 20 | | Standards Act of 1938, as now or
hereafter amended.
| 21 | | F. Any commissioned employee as described in paragraph | 22 | | (i) of Section
7 of the Federal Fair Labor Standards Act of | 23 | | 1938 and rules and regulations
promulgated thereunder, as | 24 | | now or hereafter amended.
| 25 | | G. Any employment of an employee in the stead of | 26 | | another employee of the
same employer pursuant to a |
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| 1 | | worktime exchange agreement between employees.
| 2 | | H. Any employee of a not-for-profit educational or | 3 | | residential child care
institution who (a) on a daily | 4 | | basis is directly involved in educating or
caring for | 5 | | children who (1) are orphans, foster children, abused,
| 6 | | neglected or abandoned children, or are otherwise homeless | 7 | | children
and (2) reside in residential facilities of the | 8 | | institution and (b) is
compensated at an annual rate of | 9 | | not less than $13,000 or, if the employee
resides in such | 10 | | facilities and receives without cost board and lodging | 11 | | from
such institution, not less than $10,000.
| 12 | | I. Any employee employed as a crew member of any | 13 | | uninspected towing
vessel, as defined by Section 2101(40) | 14 | | of Title 46 of the United States Code,
operating in any | 15 | | navigable waters in or along the boundaries of the State | 16 | | of
Illinois.
| 17 | | J. Any employee who is a member of a bargaining unit | 18 | | recognized by the Illinois Labor Relations Board and whose | 19 | | union has contractually agreed to an alternate shift | 20 | | schedule as allowed by subsection (b) of Section 7 of the | 21 | | Fair Labor Standards Act of 1938. | 22 | | (3) Any employer may employ any employee for a period or | 23 | | periods of not
more than 10 hours in the aggregate in any | 24 | | workweek in excess of the maximum
hours specified in | 25 | | subsection (1) of this Section without paying the
compensation | 26 | | for overtime employment prescribed in subsection (1) if during
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| 1 | | that period or periods the employee is receiving remedial | 2 | | education that:
| 3 | | (a) is provided to employees who lack a high school | 4 | | diploma or educational
attainment at the eighth grade | 5 | | level;
| 6 | | (b) is designed to provide reading and other basic | 7 | | skills at an eighth
grade level or below; and
| 8 | | (c) does not include job specific training. | 9 | | (4) A governmental body is not in violation of subsection | 10 | | (1) if the governmental body provides compensatory time | 11 | | pursuant to paragraph (o) of Section 7 of the Federal Fair | 12 | | Labor Standards Act of 1938, as now or hereafter amended, or is | 13 | | engaged in fire protection or law enforcement activities and | 14 | | meets the requirements of paragraph (k) of Section 7 or | 15 | | paragraph (b)(20) of Section 13 of the Federal Fair Labor | 16 | | Standards Act of 1938, as now or hereafter amended.
| 17 | | (Source: P.A. 99-17, eff. 1-1-16 .)
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