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Illinois General Assembly· SB 454Governor Approved

EMPLOYMENT-TECH, the official text

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SB0454 Enrolled                        LRB104 06695 SPS 16731 b

1   AN ACT concerning employment.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Minimum Wage Law is amended by changing

5 Section 3 as follows:

6   (820 ILCS 105/3) (from Ch. 48, par. 1003)

7   Sec. 3. As used in this Act:

8   (a) "Director" means the Director of the Department of

9 Labor, and "Department" means the Department of Labor.

10  (b) "Wages" means compensation due to an employee by

11 reason of his employment, including allowances determined by

12 the Director in accordance with the provisions of this Act for

13 gratuities and, when furnished by the employer, for meals and

14 lodging actually used by the employee.

15  (c) "Employer" includes any individual, partnership,

16 association, corporation, limited liability company, business

17 trust, governmental or quasi-governmental body, or any person

18 or group of persons acting directly or indirectly in the

19 interest of an employer in relation to an employee, for which

20 one or more persons are gainfully employed on some day within a

21 calendar year. An employer is subject to this Act in a calendar

22 year on and after the first day in such calendar year in which

23 he employs one or more persons, and for the following calendar
    SB0454 Enrolled  -2-  LRB104 06695 SPS 16731 b

1 year.

2   (d) "Employee" includes any individual permitted to work

3 by an employer in an occupation, and includes, notwithstanding

4 subdivision (1) of this subsection (d), one or more domestic

5 workers as defined in Section 10 of the Domestic Workers' Bill

6 of Rights Act, but does not include any individual permitted

7 to work:

8           (1) For an employer employing fewer than 4 employees

9   exclusive of the employer's parent, spouse or child or

10  other members of his immediate family.

11          (2) As an employee employed in agriculture or

12  aquaculture (A) if such employee is employed by an

13  employer who did not, during any calendar quarter during

14  the preceding calendar year, use more than 500 man-days of

15  agricultural or aquacultural labor, (B) if such employee

16  is the parent, spouse or child, or other member of the

17  employer's immediate family, (C) if such employee (i) is

18  employed as a hand harvest laborer and is paid on a piece

19  rate basis in an operation which has been, and is

20  customarily and generally recognized as having been, paid

21  on a piece rate basis in the region of employment, (ii)

22  commutes daily from his permanent residence to the farm on

23  which he is so employed, and (iii) has been employed in

24  agriculture less than 13 weeks during the preceding

25  calendar year, (D) if such employee (other than an

26  employee described in clause (C) of this subparagraph):
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1   (i) is 16 years of age or under and is employed as a hand

2   harvest laborer, is paid on a piece rate basis in an

3   operation which has been, and is customarily and generally

4   recognized as having been, paid on a piece rate basis in

5   the region of employment, (ii) is employed on the same

6   farm as his parent or person standing in the place of his

7   parent, and (iii) is paid at the same piece rate as

8   employees over 16 are paid on the same farm.

9   (3) (Blank).

10  (4) As an outside salesman.

11  (5) As a member of a religious corporation or

12  organization.

13  (6) At an accredited Illinois college or university

14  employed by the college or university at which he is a

15  student who is covered under the provisions of the Fair

16  Labor Standards Act of 1938, as heretofore or hereafter

17  amended.

18  (7) For a motor carrier and with respect to whom the

19  U.S. Secretary of Transportation has the power to

20  establish qualifications and maximum hours of service

21  under the provisions of Title 49 U.S.C. or the State of

22  Illinois under Section 18b-105 (Title 92 of the Illinois

23  Administrative Code, Part 395 - Hours of Service of

24  Drivers) of the Illinois Vehicle Code.

25  (8) As an employee employed as a player who is 28 years

26  old or younger, a manager, a coach, or an athletic trainer
    SB0454 Enrolled         -4-          LRB104 06695 SPS 16731 b

1   by a minor league professional baseball team not

2   affiliated with a major league baseball club, if (A) the

3   minor league professional baseball team does not operate

4   for more than 7 months in any calendar year or (B) during

5   the preceding calendar year, the minor league professional

6   baseball team's average receipts for any 6-month period of

7   the year were not more than 33 1/3% of its average receipts

8   for the other 6 months of the year.

9   (9) As an individual permitted to work as a baseball

10  player at the minor league level who is (i) under contract

11  and (ii) compensated pursuant to the terms of a collective

12  bargaining agreement that expressly provides for wages and

13  working conditions. This paragraph does not apply to

14  subsection (b) of Section 4.

15  The above exclusions from the term "employee" may be

16 further defined by regulations of the Director.

17  (e) "Occupation" means an industry, trade, business or

18 class of work in which employees are gainfully employed.

19  (f) "Gratuities" means voluntary monetary contributions to

20 an employee from a guest, patron or customer in connection

21 with services rendered.

22  (g) "Outside salesman" means an employee regularly engaged

23 in making sales or obtaining orders or contracts for services

24 where a major portion of such duties are performed away from

25 his employer's place of business.

26  (h) "Day camp" means a seasonal recreation program in
   SB0454 Enrolled  -5-  LRB104 06695 SPS 16731 b

1 operation for no more than 16 weeks intermittently throughout
2 the calendar year, accommodating for profit or under
3 philanthropic or charitable auspices, 5 or more children under
4 18 years of age, not including overnight programs. The term
5 "day camp" does not include a "day care agency", "child care
6 facility" or "foster family home" as licensed by the Illinois
7 Department of Children and Family Services.
8 (Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)

9  Section 99. Effective date. This Act takes effect upon

10 becoming law.
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