Bill Text: IL SB0068 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Provides that the employment discrimination Article of the Act applies to domestic workers. Amends the Minimum Wage Law. Provides that the overtime provisions of the Law apply to domestic workers. Amends the One Day Rest In Seven Act. Provides that every person employed as a domestic worker shall be allowed at least 24 consecutive hours of rest in every calendar week. Provides that a domestic worker may voluntarily agree to work on such day of rest; provided that the worker is compensated at the overtime rate for all hours worked on such day of rest. Provides that the day of rest should, whenever possible, coincide with the traditional day reserved by the domestic worker for religious worship. Provides that after one year of work with the same employer a domestic worker shall be entitled to at least 3 days of rest in each calendar year at the regular rate of compensation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-03-30 - Third Reading - Lost; 019-035-001 [SB0068 Detail]

Download: Illinois-2011-SB0068-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB0068 Introduced 1/27/2011, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
775 ILCS 5/2-101 from Ch. 68, par. 2-101
820 ILCS 105/3 from Ch. 48, par. 1003
820 ILCS 105/4a from Ch. 48, par. 1004a
820 ILCS 140/2 from Ch. 48, par. 8b
Amends the Illinois Human Rights Act. Provides that the employment discrimination Article of the Act applies to domestic workers. Amends the Minimum Wage Law. Provides that the overtime provisions of the Law apply to domestic workers. Amends the One Day Rest In Seven Act. Provides that every person employed as a domestic worker shall be allowed at least 24 consecutive hours of rest in every calendar week. Provides that a domestic worker may voluntarily agree to work on such day of rest; provided that the worker is compensated at the overtime rate for all hours worked on such day of rest. Provides that the day of rest should, whenever possible, coincide with the traditional day reserved by the domestic worker for religious worship. Provides that after one year of work with the same employer a domestic worker shall be entitled to at least 3 days of rest in each calendar year at the regular rate of compensation.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Section 2-101 as follows:
(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
Sec. 2-101. Definitions. The following definitions are
applicable strictly in the context of this Article.
(A) Employee.
(1) "Employee" includes:
(a) Any individual performing services for
remuneration within this State for an employer;
(b) An apprentice;
(c) An applicant for any apprenticeship; .
(d) A domestic worker.
(2) "Employee" does not include:
(a) (Blank) Domestic servants in private homes;
(b) Individuals employed by persons who are not
"employers" as defined by this Act;
(c) Elected public officials or the members of
their immediate personal staffs;
(d) Principal administrative officers of the State
or of any political subdivision, municipal corporation

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or other governmental unit or agency;
(e) A person in a vocational rehabilitation
facility certified under federal law who has been
designated an evaluee, trainee, or work activity
client.
(B) Employer.
(1) "Employer" includes:
(a) Any person employing 15 or more employees
within Illinois during 20 or more calendar weeks within
the calendar year of or preceding the alleged
violation;
(b) Any person employing one or more employees when
a complainant alleges civil rights violation due to
unlawful discrimination based upon his or her physical
or mental handicap unrelated to ability or sexual
harassment;
(c) The State and any political subdivision,
municipal corporation or other governmental unit or
agency, without regard to the number of employees;
(d) Any party to a public contract without regard
to the number of employees;
(e) A joint apprenticeship or training committee
without regard to the number of employees; .
(f) Any person employing one or more domestic
workers.
(2) "Employer" does not include any religious

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corporation, association, educational institution,
society, or non-profit nursing institution conducted by
and for those who rely upon treatment by prayer through
spiritual means in accordance with the tenets of a
recognized church or religious denomination with respect
to the employment of individuals of a particular religion
to perform work connected with the carrying on by such
corporation, association, educational institution, society
or non-profit nursing institution of its activities.
(C) Employment Agency. "Employment Agency" includes both
public and private employment agencies and any person, labor
organization, or labor union having a hiring hall or hiring
office regularly undertaking, with or without compensation, to
procure opportunities to work, or to procure, recruit, refer or
place employees.
(D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary
unincorporated association designed to further the cause of the
rights of union labor which is constituted for the purpose, in
whole or in part, of collective bargaining or of dealing with
employers concerning grievances, terms or conditions of
employment, or apprenticeships or applications for
apprenticeships, or of other mutual aid or protection in
connection with employment, including apprenticeships or
applications for apprenticeships.
(E) Sexual Harassment. "Sexual harassment" means any

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unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct
is made either explicitly or implicitly a term or condition of
an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
(F) Religion. "Religion" with respect to employers
includes all aspects of religious observance and practice, as
well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate an employee's or prospective
employee's religious observance or practice without undue
hardship on the conduct of the employer's business.
(G) Public Employer. "Public employer" means the State, an
agency or department thereof, unit of local government, school
district, instrumentality or political subdivision.
(H) Public Employee. "Public employee" means an employee of
the State, agency or department thereof, unit of local
government, school district, instrumentality or political
subdivision. "Public employee" does not include public
officers or employees of the General Assembly or agencies
thereof.
(I) Public Officer. "Public officer" means a person who is
elected to office pursuant to the Constitution or a statute or

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ordinance, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by the Constitution or a statute or ordinance, to
discharge a public duty for the State, agency or department
thereof, unit of local government, school district,
instrumentality or political subdivision.
(J) Eligible Bidder. "Eligible bidder" means a person who,
prior to a bid opening, has filed with the Department a
properly completed, sworn and currently valid employer report
form, pursuant to the Department's regulations. The provisions
of this Article relating to eligible bidders apply only to bids
on contracts with the State and its departments, agencies,
boards, and commissions, and the provisions do not apply to
bids on contracts with units of local government or school
districts.
(K) Citizenship Status. "Citizenship status" means the
status of being:
(1) a born U.S. citizen;
(2) a naturalized U.S. citizen;
(3) a U.S. national; or
(4) a person born outside the United States and not a
U.S. citizen who is not an unauthorized alien and who is
protected from discrimination under the provisions of
Section 1324b of Title 8 of the United States Code, as now
or hereafter amended.
(L) Domestic Worker. "Domestic worker" means a person

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employed in a home or residence for the purpose of caring for a
child, serving as a companion for a sick, convalescing, or
elderly person, housekeeping, or for any other domestic service
purpose. "Domestic worker" does not include any individual:
(1) working on a casual basis;
(2) who is engaged in providing companionship
services, as defined in paragraph 15 of subdivision (a) of
Section 213 of the Fair Labor Standards Act of 1938, and
who is employed by an employer or agency other than the
family or household using his or her services; or
(3) who is a relative through blood, marriage or
adoption of:
(A) the employer; or
(B) the person for whom the worker is delivering
services under a program funded or administered by
federal, State, or local government.
(Source: P.A. 86-1343; 87-579; 87-666; 87-895.)
Section 10. The Minimum Wage Law is amended by changing
Sections 3 and 4a 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

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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
year.
(d) "Employee" includes any individual permitted to work by
an employer in an occupation, but does not include any
individual permitted to work:
(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

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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) In domestic service in or about a private home,
except as otherwise provided in Section 4a.
(4) As an outside salesman.
(5) As a member of a religious corporation or
organization.
(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

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Labor Standards Act of 1938, as heretofore or hereafter
amended.
(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.
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

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facility" or "foster family home" as licensed by the Illinois
Department of Children and Family Services.
(i) "Domestic worker" means a person employed in a home or
residence for the purpose of caring for a child, serving as a
companion for a sick, convalescing, or elderly person,
housekeeping, or for any other domestic service purpose.
"Domestic worker" does not include any individual:
(1) working on a casual basis;
(2) who is engaged in providing companionship
services, as defined in paragraph 15 of subdivision (a) of
Section 213 of the Fair Labor Standards Act of 1938, and
who is employed by an employer or agency other than the
family or household using his or her services; or
(3) who is a relative through blood, marriage or
adoption of:
(A) the employer; or
(B) the person for whom the worker is delivering
services under a program funded or administered by
federal, State, or local government.
(Source: P.A. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)
(820 ILCS 105/4a) (from Ch. 48, par. 1004a)
Sec. 4a. (1) Except as otherwise provided in this Section,
no employer shall employ any of his employees for a workweek of
more than 40 hours unless such employee receives compensation
for his employment in excess of the hours above specified at a

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rate not less than 1 1/2 times the regular rate at which he is
employed.
(1.5) No employer who employs a domestic worker shall
require the domestic worker to work more than 40 hours in a
week, or 44 hours in a week for domestic workers who reside in
the home of their employer unless they receive compensation for
overtime work at a rate not less than 1 1/2 times the regular
rate at which he or she is employed.
(2) The provisions of subsection (1) of this Section are
not applicable to:
A. Any salesman or mechanic primarily engaged in
selling or servicing automobiles, trucks or farm
implements, if he is employed by a nonmanufacturing
establishment primarily engaged in the business of selling
such vehicles or implements to ultimate purchasers.
B. Any salesman primarily engaged in selling trailers,
boats, or aircraft, if he is employed by a nonmanufacturing
establishment primarily engaged in the business of selling
trailers, boats, or aircraft to ultimate purchasers.
C. Any employer of agricultural labor, with respect to
such agricultural employment.
D. Any employee of a governmental body excluded from
the definition of "employee" under paragraph (e)(2)(C) of
Section 3 of the Federal Fair Labor Standards Act of 1938.
E. Any employee employed in a bona fide executive,
administrative or professional capacity, including any

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radio or television announcer, news editor, or chief
engineer, as defined by or covered by the Federal Fair
Labor Standards Act of 1938 and the rules adopted under
that Act, as both exist on March 30, 2003, but compensated
at the amount of salary specified in subsections (a) and
(b) of Section 541.600 of Title 29 of the Code of Federal
Regulations as proposed in the Federal Register on March
31, 2003 or a greater amount of salary as may be adopted by
the United States Department of Labor. For bona fide
executive, administrative, and professional employees of
not-for-profit corporations, the Director may, by
regulation, adopt a weekly wage rate standard lower than
that provided for executive, administrative, and
professional employees covered under the Fair Labor
Standards Act of 1938, as now or hereafter amended.
F. Any commissioned employee as described in paragraph
(i) of Section 7 of the Federal Fair Labor Standards Act of
1938 and rules and regulations promulgated thereunder, as
now or hereafter amended.
G. Any employment of an employee in the stead of
another employee of the same employer pursuant to a
worktime exchange agreement between employees.
H. Any employee of a not-for-profit educational or
residential child care institution who (a) on a daily basis
is directly involved in educating or caring for children
who (1) are orphans, foster children, abused, neglected or

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abandoned children, or are otherwise homeless children and
(2) reside in residential facilities of the institution and
(b) is compensated at an annual rate of not less than
$13,000 or, if the employee resides in such facilities and
receives without cost board and lodging from such
institution, not less than $10,000.
I. Any employee employed as a crew member of any
uninspected towing vessel, as defined by Section 2101(40)
of Title 46 of the United States Code, operating in any
navigable waters in or along the boundaries of the State of
Illinois.
(3) Any employer may employ any employee for a period or
periods of not more than 10 hours in the aggregate in any
workweek in excess of the maximum hours specified in subsection
(1) of this Section without paying the compensation for
overtime employment prescribed in subsection (1) if during that
period or periods the employee is receiving remedial education
that:
(a) is provided to employees who lack a high school
diploma or educational attainment at the eighth grade
level;
(b) is designed to provide reading and other basic
skills at an eighth grade level or below; and
(c) does not include job specific training.
(4) A governmental body is not in violation of subsection
(1) if the governmental body provides compensatory time

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pursuant to paragraph (o) of Section 7 of the Federal Fair
Labor Standards Act of 1938, as now or hereafter amended, or is
engaged in fire protection or law enforcement activities and
meets the requirements of paragraph (k) of Section 7 or
paragraph (b)(20) of Section 13 of the Federal Fair Labor
Standards Act of 1938, as now or hereafter amended.
(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)
Section 15. The One Day Rest In Seven Act is amended by
changing Section 2 as follows:
(820 ILCS 140/2) (from Ch. 48, par. 8b)
Sec. 2. Hours and days of rest in every calendar week.
(a) Every employer shall allow every employee except those
specified in this Section at least twenty-four consecutive
hours of rest in every calendar week in addition to the regular
period of rest allowed at the close of each working day.
(b) Every person employed as a domestic worker as defined
in Section 3 of the Minimum Wage Law shall be allowed at least
24 consecutive hours of rest in every calendar week. This
subsection (a) does not prohibit a domestic worker from
voluntarily agreeing to work on such day of rest required by
this subsection (a); provided that the worker is compensated at
the overtime rate for all hours worked on such day of rest. The
day of rest authorized under this subsection (a) should,
whenever possible, coincide with the traditional day reserved

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by the domestic worker for religious worship. In addition,
after one year of work with the same employer a domestic worker
shall be entitled to at least 3 days of rest in each calendar
year at the regular rate of compensation.
(c) This Section does not apply to the following:
(1) Part-time employees whose total work hours for one
employer during a calendar week do not exceed 20; and
(2) Employees needed in case of breakdown of machinery
or equipment or other emergency requiring the immediate
services of experienced and competent labor to prevent
injury to person, damage to property, or suspension of
necessary operation; and
(3) Employees employed in agriculture or coal mining;
and
(4) Employees engaged in the occupation of canning and
processing perishable agricultural products, if such
employees are employed by an employer in such occupation on
a seasonal basis and for not more than 20 weeks during any
calendar year or 12 month period; and
(5) Employees employed as watchmen or security guards;
and
(6) Employees who are employed in a bonafide executive,
administrative, or professional capacity or in the
capacity of an outside salesman, as defined in Section 12
(a) (1) of the federal Fair Labor Standards Act, as
amended, and those employed as supervisors as defined in

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Section 2 (11) of the National Labor Relations Act, as
amended; and
(7) Employees who are employed as crew members of any
uninspected towing vessel, as defined by Section 2101(40)
of Title 46 of the United States Code, operating in any
navigable waters in or along the boundaries of the State of
Illinois.
(Source: P.A. 92-623, eff. 7-11-02.)