EMPLOYMENT-TECH

Illinois General Assembly - Full Text of SB0454

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Full Text of SB0454

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SB0454 - 104th General Assembly

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Senate Amendment 001

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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
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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):

SB0454 Enrolled
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LRB104 06695 SPS 16731 b
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
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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
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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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