Public Act 100-0192
HB3631 EnrolledLRB100 06920 JLS 21853 b

    AN ACT concerning employment.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Minimum Wage Law is amended by changing
Section 3 as follows:
    (820 ILCS 105/3)  (from Ch. 48, par. 1003)
    Sec. 3. As used in this Act:
    (a) "Director" means the Director of the Department of
Labor, and "Department" means the Department of Labor.
    (b) "Wages" means compensation due to an employee by reason
of his employment, including allowances determined by the
Director in accordance with the provisions of this Act for
gratuities and, when furnished by the employer, for meals and
lodging actually used by the employee.
    (c) "Employer" includes any individual, partnership,
association, corporation, limited liability company, business
trust, governmental or quasi-governmental body, or any person
or group of persons acting directly or indirectly in the
interest of an employer in relation to an employee, for which
one or more persons are gainfully employed on some day within a
calendar year. An employer is subject to this Act in a calendar
year on and after the first day in such calendar year in which
he employs one or more persons, and for the following calendar
    (d) "Employee" includes any individual permitted to work by
an employer in an occupation, and includes, notwithstanding
subdivision (1) of this subsection (d), one or more domestic
workers as defined in Section 10 of the Domestic Workers' Bill
of Rights Act, but does not include any individual permitted to
        (1) For an employer employing fewer than 4 employees
    exclusive of the employer's parent, spouse or child or
    other members of his immediate family.
        (2) As an employee employed in agriculture or
    aquaculture (A) if such employee is employed by an employer
    who did not, during any calendar quarter during the
    preceding calendar year, use more than 500 man-days of
    agricultural or aquacultural labor, (B) if such employee is
    the parent, spouse or child, or other member of the
    employer's immediate family, (C) if such employee (i) is
    employed as a hand harvest laborer and is paid on a piece
    rate basis in an operation which has been, and is
    customarily and generally recognized as having been, paid
    on a piece rate basis in the region of employment, (ii)
    commutes daily from his permanent residence to the farm on
    which he is so employed, and (iii) has been employed in
    agriculture less than 13 weeks during the preceding
    calendar year, (D) if such employee (other than an employee
    described in clause (C) of this subparagraph): (i) is 16
    years of age or under and is employed as a hand harvest
    laborer, is paid on a piece rate basis in an operation
    which has been, and is customarily and generally recognized
    as having been, paid on a piece rate basis in the region of
    employment, (ii) is employed on the same farm as his parent
    or person standing in the place of his parent, and (iii) is
    paid at the same piece rate as employees over 16 are paid
    on the same farm.
        (3) (Blank).
        (4) As an outside salesman.
        (5) As a member of a religious corporation or
        (6) At an accredited Illinois college or university
    employed by the college or university at which he is a
    student who is covered under the provisions of the Fair
    Labor Standards Act of 1938, as heretofore or hereafter
        (7) For a motor carrier and with respect to whom the
    U.S. Secretary of Transportation has the power to establish
    qualifications and maximum hours of service under the
    provisions of Title 49 U.S.C. or the State of Illinois
    under Section 18b-105 (Title 92 of the Illinois
    Administrative Code, Part 395 - Hours of Service of
    Drivers) of the Illinois Vehicle Code.
        (8) As an employee employed as a player who is 28 years
    old or younger, a manager, a coach, or an athletic trainer
    by a minor league professional baseball team not affiliated
    with a major league baseball club, if (A) the minor league
    professional baseball team does not operate for more than 7
    months in any calendar year or (B) during the preceding
    calendar year, the minor league professional baseball
    team's average receipts for any 6-month period of the year
    were not more than 33 1/3% of its average receipts for the
    other 6 months of the year.
    The above exclusions from the term "employee" may be
further defined by regulations of the Director.
    (e) "Occupation" means an industry, trade, business or
class of work in which employees are gainfully employed.
    (f) "Gratuities" means voluntary monetary contributions to
an employee from a guest, patron or customer in connection with
services rendered.
    (g) "Outside salesman" means an employee regularly engaged
in making sales or obtaining orders or contracts for services
where a major portion of such duties are performed away from
his employer's place of business.
    (h) "Day camp" means a seasonal recreation program in
operation for no more than 16 weeks intermittently throughout
the calendar year, accommodating for profit or under
philanthropic or charitable auspices, 5 or more children under
18 years of age, not including overnight programs. The term
"day camp" does not include a "day care agency", "child care
facility" or "foster family home" as licensed by the Illinois
Department of Children and Family Services.
(Source: P.A. 99-758, eff. 1-1-17.)
    Section 99. Effective date. This Act takes effect upon
becoming law.