Bill Text: IL HB4169 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Right to Privacy in the Workplace Act. Makes a technical change in a Section concerning prohibited inquiries.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB4169 Detail]
Download: Illinois-2013-HB4169-Amended.html
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1 | AMENDMENT TO HOUSE BILL 4169
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2 | AMENDMENT NO. ______. Amend House Bill 4169 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Domestic Workers' Bill of Rights Act.
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6 | Section 5. Purpose and findings. Domestic workers play a
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7 | critical role in Illinois' economy, working to ensure the
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8 | health and prosperity of Illinois families and freeing others
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9 | to participate in the workforce. Despite the value of their
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10 | work, domestic workers have historically been excluded from the
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11 | protections under State law extended to workers in other
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12 | industries. Domestic workers are predominantly women who labor
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13 | to support families and children of their own and who receive
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14 | low pay and minimal or no benefits. Without clear standards
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15 | governing their workplaces and working alone and behind closed
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16 | doors, domestic workers are among the most isolated and
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1 | vulnerable workforce in the State. Workforce projections are
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2 | one of growth for domestic workers, but the lack of decent pay
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3 | and other workplace protections undermines the likelihood of
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4 | building and maintaining a reliable and experienced workforce
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5 | that is able to meet the needs of Illinois families. Therefore,
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6 | the General Assembly finds that because domestic workers care
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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.
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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
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16 | authorized representatives. | ||||||
17 | "Domestic work" means: (1) housekeeping; (2) house
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18 | cleaning; (3) home management; (4) nanny services including
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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
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3 | domestic work. "Domestic worker" does not include: (i) a person
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4 | performing domestic work who is the employer's parent, spouse,
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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;
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8 | corporation; limited liability company; business trust;
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9 | employment and labor placement agencies where wages are made
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10 | directly or indirectly by the agency or business for work
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11 | undertaken by employees under hire to a third party pursuant to
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12 | a contract between the business or agency with the third party;
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13 | the State of Illinois and local governments, or any political
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14 | subdivision of the State or local government, or State or local
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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.
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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.
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9 | Section 20. Sleeping facilities, meals, and costs.
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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.
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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.
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7 | Section 30. Paid time off.
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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
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12 | paid time off for every 40 hours of working time for one
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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
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17 | not used by the domestic worker, provided that nothing in this
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18 | Act shall be construed to require an employer to allow a worker
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19 | to use more than 50 hours of paid time off in a year unless an
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20 | employer agrees to do so. | ||||||
21 | (d) Upon oral request, an employer shall provide to a
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22 | domestic worker an annual statement in writing indicating the
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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
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2 | worker and any family member under any group health plan for
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3 | the duration of such leave at at least the level and conditions
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4 | of coverage that would have been provided if the domestic | ||||||
5 | worker had not taken the leave.
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6 | Section 35. Privacy. An employer is not permitted to
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7 | videotape or otherwise record the domestic worker in any of the
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8 | bathrooms, in the area where the sleeping accommodations are
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9 | provided while the domestic worker is sleeping, or, in the case
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10 | of a live-in domestic worker, the domestic worker's living
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11 | area.
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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
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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.
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23 | (d) An employer shall, upon the oral request of a current | ||||||
24 | or
former employee or his or her representative, make these
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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
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12 | employers, a sworn statement by the employee stating that he or
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13 | she has performed or is scheduled to perform domestic work for
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14 | more than 8 hours in the aggregate for the relevant workweek
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15 | shall satisfy any documentation requirements of hours worked
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16 | under this Act. The employer shall not require more than one
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17 | sworn statement in a calendar quarter if the hours the employee
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18 | has performed or is scheduled to perform domestic work have not
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19 | decreased to less than 9 hours in the aggregate in any workweek
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20 | in that calendar quarter or less than 100 hours in the
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21 | aggregate in the calendar quarter. An employer that requires
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22 | evidence of hours worked must give the domestic worker written
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23 | notice of such request and allow no less than 10 days or until
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24 | the next scheduled work day, whichever is greater, for the
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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
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6 | and, upon oral request disclose in writing, the following
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7 | information, when an offer of employment is made to a domestic
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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
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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
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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,
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2 | including any workplace hazards that may make the domestic
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3 | worker vulnerable to illnesses and other physical
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4 | problems; | ||||||
5 | (11) the employer's contact information, including his | ||||||
6 | or her full name, mailing address, and phone number; and
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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
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14 | compensation for added duties or multilingual skills; | ||||||
15 | (3) the frequency of the payment of wages;
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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
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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
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14 | domestic worker, including State and federal employment
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15 | taxes paid or to be paid by the employer related to the
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16 | domestic worker's employment and notice of employment
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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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.".
|