(820 ILCS 105/3) (from Ch. 48, par. 1003)
Sec. 3. As used in this Act:
(a) "Director" means the Director of the Department of Labor, and
"Department" means the Department of Labor.
(b) "Wages" means compensation due to an employee by reason of his
employment, including allowances determined by the Director in
accordance with the provisions of this Act for gratuities and, when
furnished by the employer, for meals and lodging actually used by the
employee.
(c) "Employer" includes any individual, partnership, association,
corporation, limited liability company, business trust, governmental or quasi-governmental body, or
any person or group of persons acting directly or indirectly in the
interest of an employer in relation to an employee, for which one or
more persons are gainfully employed on some day within a calendar year.
An employer is subject to this Act in a calendar year on and after the
first day in such calendar year in which he employs one or more persons,
and for the following calendar year.
(d) "Employee" includes any individual permitted to work by an
employer in an occupation, and includes, notwithstanding subdivision (1) of this subsection (d), one or more domestic workers as defined in Section 10 of the Domestic Workers' Bill of Rights Act, but does not include any individual permitted
to 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.
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(2) As an employee employed in agriculture or
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| aquaculture (A) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural or aquacultural labor, (B) if such employee is the parent, spouse or child, or other member of the employer's immediate family, (C) if such employee (i) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) commutes daily from his permanent residence to the farm on which he is so employed, and (iii) has been employed in agriculture less than 13 weeks during the preceding calendar year, (D) if such employee (other than an employee described in clause (C) of this subparagraph): (i) is 16 years of age or under and is employed as a hand harvest laborer, is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) is employed on the same farm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as employees over 16 are paid on the same farm.
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(3) (Blank).
(4) As an outside salesman.
(5) As a member of a religious corporation or
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(6) At an accredited Illinois college or university
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| employed by the college or university at which he is a student who is covered under the provisions of the Fair Labor Standards Act of 1938, as heretofore or hereafter amended.
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(7) For a motor carrier and with respect to whom the
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| 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.
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(8) As an employee employed as a player who is 28
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| years old or younger, a manager, a coach, or an athletic trainer by a minor league professional baseball team not affiliated with a major league baseball club, if (A) the minor league professional baseball team does not operate for more than 7 months in any calendar year or (B) during the preceding calendar year, the minor league professional baseball team's average receipts for any 6-month period of the year were not more than 33 1/3% of its average receipts for the other 6 months of the year.
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The above exclusions from the term "employee" may be further defined
by regulations of the Director.
(e) "Occupation" means an industry, trade, business or class of work
in which employees are gainfully employed.
(f) "Gratuities" means voluntary monetary contributions to an
employee from a guest, patron or customer in connection with services
rendered.
(g) "Outside salesman" means an employee regularly engaged in making
sales or obtaining orders or contracts for services where a major
portion of such duties are performed away from his employer's place of
business.
(h) "Day camp" means a seasonal recreation program in operation for no more than 16 weeks intermittently throughout the calendar year, accommodating for profit or under philanthropic or charitable auspices, 5 or more children under 18 years of age, not including overnight programs. The term "day camp" does not include a "day care agency", "child care facility" or "foster family home" as licensed by the Illinois Department of Children and Family Services.
(Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)
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(820 ILCS 105/4) (from Ch. 48, par. 1004)
Sec. 4. (a)(1) Every employer shall pay to each of his employees in every
occupation wages of not less than $2.30 per hour or in the case of
employees under 18 years of age wages of not less than $1.95 per hour,
except as provided in Sections 5 and 6 of this Act, and on and after
January 1, 1984, every employer shall pay to each of his employees in every
occupation wages of not less than $2.65 per hour or in the case of
employees under 18 years of age wages of not less than $2.25 per hour, and
on and after October 1, 1984 every employer shall pay to each of his
employees in every occupation wages of not less than $3.00 per hour or in
the case of employees under 18 years of age wages of not less than $2.55
per hour, and on or after July 1, 1985 every employer shall pay to each of
his employees in every occupation wages of not less than $3.35 per hour or
in the case of employees under 18 years of age wages of not less than $2.85
per hour,
and from January 1, 2004 through December 31, 2004 every employer shall pay
to
each of his or her employees who is 18 years of age or older in every
occupation wages of not less than $5.50 per hour, and from
January 1,
2005 through June 30, 2007 every employer shall pay to each of his or her employees who is 18 years
of age or older in every occupation wages of not less than $6.50 per hour, and from July 1, 2007 through June 30, 2008 every employer shall pay to each of his or her employees who is 18 years
of age or older in every occupation wages of not less than $7.50 per hour, and from July 1, 2008 through June 30, 2009 every employer shall pay to each of his or her employees who is 18 years
of age or older in every occupation wages of not less than $7.75 per hour, and from July 1, 2009 through June 30, 2010 every employer shall pay to each of his or her employees who is 18 years
of age or older in every occupation wages of not less than $8.00 per hour, and from July 1, 2010 through December 31, 2019 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $8.25 per hour, and from
January 1, 2020 through June 30, 2020, every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $9.25 per hour, and from July 1, 2020 through December 31, 2020 every employer shall pay
to each of his or her employees who is 18 years of age or older
in every occupation wages of not less than $10 per hour, and
from January 1, 2021 through December 31, 2021 every employer shall
pay to each of his or her employees who is 18 years of age or
older in every occupation wages of not less than $11 per hour,
and from January 1, 2022 through December 31, 2022 every employer
shall pay to each of his or her employees who is 18 years of age
or older in every occupation wages of not less than $12 per
hour, and from January 1, 2023 through December 31, 2023 every
employer shall pay to each of his or her employees who is 18
years of age or older in every occupation wages of not less
than $13 per hour, and from January 1, 2024 through December 31, 2024, every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $14 per hour; and on and after January 1, 2025, every
employer shall pay to each of his or her employees who is 18
years of age or older in every occupation wages of not less
than $15 per hour.
(2) Unless an employee's wages are reduced under Section 6, then in lieu of the rate prescribed in item (1) of this subsection (a), an employer may pay an employee who is 18 years of age or older, during the first 90 consecutive calendar days after the employee is initially employed by the employer, a wage that is not more than 50¢
less than the wage prescribed in item (1) of this subsection (a); however, an employer shall pay not less than the rate prescribed in item (1) of this subsection (a) to: (A) a day or temporary laborer, as defined in Section |
| 5 of the Day and Temporary Labor Services Act, who is 18 years of age or older; and
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(B) an employee who is 18 years of age or older and
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| whose employment is occasional or irregular and requires not more than 90 days to complete.
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(3) At no time on or before December 31, 2019
shall the wages paid to any employee under 18 years of age be more than 50¢
less than the wage required to be paid to employees who are at least 18 years
of age under item (1) of this subsection (a). Beginning on January 1, 2020, every employer shall pay
to each of his or her employees who is under 18 years of age
that has worked more than 650 hours for the employer during any
calendar year a wage not less than the wage required for
employees who are 18 years of age or older under paragraph (1)
of subsection (a) of Section 4 of this Act. Every employer
shall pay to each of his or her employees who is under 18 years
of age that has not worked more than 650 hours for the employer
during any calendar year: (1) $8 per hour from January 1, 2020
through December 31, 2020; (2) $8.50 per hour from January 1, 2021
through December 31, 2021; (3) $9.25 per hour from January 1, 2022
through December 31, 2022; (4) $10.50 per hour from January 1, 2023
through December 31, 2023; (5) $12 per hour from January
1, 2024 through December 31, 2024; and (6) $13 per hour on and after January 1, 2025.
(b) No employer shall discriminate between employees on the basis of sex
or mental or physical disability, except as otherwise provided in this Act by
paying wages to employees at a rate less than the rate at which he pays
wages to employees for the same or substantially
similar work on jobs the performance of which requires equal skill, effort,
and responsibility, and which are performed under similar working
conditions, except where such payment is made pursuant to (1) a seniority
system; (2) a merit system; (3) a system which measures earnings by
quantity or quality of production; or (4) a differential based on any other
factor other than sex or mental or physical disability, except as otherwise
provided in this Act.
(c) Every employer of an employee engaged in an
occupation in which gratuities have customarily and usually constituted and
have been recognized as part of the remuneration for hire purposes is
entitled to an allowance for gratuities as part of the hourly wage rate
provided in Section 4, subsection (a) in an amount not to exceed 40% of the
applicable minimum wage rate. The Director shall require each employer
desiring an allowance for gratuities to provide substantial evidence that
the amount claimed, which may not exceed 40% of the applicable minimum wage
rate, was received by the employee in the period for which the claim of
exemption is made, and no part thereof was returned to the employer.
(d) No camp counselor who resides on the premises of a seasonal camp of
an organized not-for-profit corporation shall be subject to the adult minimum
wage if the camp counselor (1) works 40 or more hours per week, and (2)
receives a total weekly salary of not less than the adult minimum
wage for a 40-hour week. If the counselor works less than 40 hours per
week, the counselor shall be paid the minimum hourly wage for each hour
worked. Every employer of a camp counselor under this subsection is entitled
to an allowance for meals and lodging as part of the hourly wage rate provided
in Section 4, subsection (a), in an amount not to exceed 25% of the
minimum wage rate.
(e) A camp counselor employed at a day camp is not subject to the adult minimum wage if the
camp counselor is paid a stipend on a onetime or periodic basis and, if
the camp counselor is a minor, the minor's parent, guardian or other
custodian has consented in writing to the terms of payment before the
commencement of such employment.
(Source: P.A. 101-1, eff. 2-19-19.)
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(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 rate not less than 1 1/2 times the regular
rate at which he 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.
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B. Any salesman primarily engaged in selling
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| 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.
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C. Any employer of agricultural labor, with respect
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| to such agricultural employment.
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D. Any employee of a governmental body excluded from
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| the definition of "employee" under paragraph (e)(2)(C) of Section 3 of the Federal Fair Labor Standards Act of 1938.
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E. Any employee employed in a bona fide executive,
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| administrative or professional capacity, including any 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.
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F. Any commissioned employee as described in
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| 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.
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G. Any employment of an employee in the stead of
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| another employee of the same employer pursuant to a worktime exchange agreement between employees.
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H. Any employee of a not-for-profit educational or
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| 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 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.
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I. Any employee employed as a crew member of any
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| 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.
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J. Any employee who is a member of a bargaining unit
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| recognized by the Illinois Labor Relations Board and whose union has contractually agreed to an alternate shift schedule as allowed by subsection (b) of Section 7 of the Fair Labor Standards Act of 1938.
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(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
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| diploma or educational attainment at the eighth grade level;
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(b) is designed to provide reading and other basic
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| skills at an eighth grade level or below; and
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(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 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. 99-17, eff. 1-1-16.)
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(820 ILCS 105/7) (from Ch. 48, par. 1007)
Sec. 7. The Director or his authorized representatives have the authority to:
(a) Investigate and gather data regarding the wages, |
| hours and other conditions and practices of employment in any industry subject to this Act, and may enter and inspect such places and such records (and make such transcriptions thereof) at reasonable times during regular business hours, not including lunch time at a restaurant, question such employees, and investigate such facts, conditions, practices or matters as he may deem necessary or appropriate to determine whether any person has violated any provision of this Act, or which may aid in the enforcement of this Act.
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(b) Require from any employer full and correct
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| statements and reports in writing, including sworn statements, at such times as the Director may deem necessary, of the wages, hours, names, addresses, and other information pertaining to his employees as he may deem necessary for the enforcement of this Act.
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(c) Require by subpoena the attendance and testimony
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| of witnesses and the production of all books, records, and other evidence relative to a matter under investigation or hearing. The subpoena shall be signed and issued by the Director or his or her authorized representative. If a person fails to comply with any subpoena lawfully issued under this Section or a witness refuses to produce evidence or testify to any matter regarding which he or she may be lawfully interrogated, the court may, upon application of the Director or his or her authorized representative, compel obedience by proceedings for contempt.
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(d) Make random audits of employers in any industry
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| subject to this Act to determine compliance with this Act.
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(Source: P.A. 101-1, eff. 2-19-19.)
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(820 ILCS 105/10) (from Ch. 48, par. 1010)
Sec. 10.
(a) The Director shall make and revise administrative regulations,
including definitions of terms, as he deems appropriate to carry out the
purposes of this Act, to prevent the circumvention or evasion thereof, and
to safeguard the minimum wage established by the Act. Regulations governing
employment of learners may be issued only after notice and opportunity for
public hearing, as provided in subsection (c) of this Section.
(b) In order to prevent curtailment of opportunities for employment,
avoid undue hardship, and safeguard the minimum wage rate under this Act,
the Director may also issue regulations providing for the employment of
workers with disabilities at wages lower than the wage rate applicable under this
Act, under permits and for such periods of time as specified therein; and
providing for the employment of learners at wages lower than the wage rate
applicable under this Act. However, such regulation shall not permit lower
wages for persons with disabilities on any basis that is unrelated to such person's
ability resulting from his disability, and such regulation may be issued only
after notice and opportunity for public hearing as provided in subsection
(c) of this Section.
(c) Prior to the adoption, amendment or repeal of any rule or regulation
by the Director under this Act, except regulations which concern only the
internal management of the Department of Labor and do not affect any public
right provided by this Act, the Director shall give proper notice to
persons in any industry or occupation that may be affected by the proposed
rule or regulation, and hold a public hearing on his proposed action at
which any such affected person, or his duly authorized representative, may
attend and testify or present other evidence for or against such proposed
rule or regulation. Rules and regulations adopted under this Section shall
be filed with the Secretary of State in compliance with "An Act concerning
administrative rules", as now or hereafter amended.
(d) The commencement of proceedings by any person aggrieved by an
administrative regulation issued under this Act does not, unless
specifically ordered by the Court, operate as a stay of that administrative
regulation against other persons. The Court shall not grant any stay of an
administrative regulation unless the person complaining of such regulation
files in the Court an undertaking with a surety or sureties satisfactory to
the Court for the payment to the employees affected by the regulation, in
the event such regulation is affirmed, of the amount by which the
compensation such employees are entitled to receive under the regulation
exceeds the compensation they actually receive while such stay is in
effect. (e) The Department may adopt emergency rules in
accordance with Section 5-45 of the Illinois Administrative
Procedure Act to implement the changes made by this amendatory Act of the 101st General Assembly.
(Source: P.A. 103-363, eff. 7-28-23.)
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(820 ILCS 105/11) (from Ch. 48, par. 1011)
Sec. 11.
(a) Any employer or his agent, or the officer or agent of any private
employer who:
(1) hinders or delays the Director or his authorized |
| representative in the performance of his duties in the enforcement of this Act; or
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(2) refuses to admit the Director or his authorized
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| representative to any place of employment; or
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(3) fails to keep the records required under this Act
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| or to furnish such records required or any information to be furnished under this Act to the Director or his authorized representative upon request; or
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(4) fails to make and preserve any records as
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(5) falsifies any such record; or
(6) refuses to make such records available to the
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| Director or his authorized representative; or
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(7) refuses to furnish a sworn statement of such
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| records or any other information required for the proper enforcement of this Act; or
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(8) fails to post a summary of this Act or a copy of
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| any applicable regulation as required by Section 9 of this Act;
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shall be guilty of a
Class B misdemeanor; and each day of such failure to keep the records required under
this Act or to furnish such records or information to the Director or his
authorized representative or to fail to post information as required herein
constitutes a separate offense. Any such employer who fails to keep payroll records as required by this Act shall be liable to the Department for a penalty of $100 per impacted employee, payable to the Department's Wage Theft Enforcement Fund.
(b) Any employer or his agent, or the officer or agent of any private
employer, who pays or agrees to pay to any employee wages at a rate less
than the rate applicable under this Act or of any regulation issued under
this Act is guilty of a Class B misdemeanor, and each week on any day of
which such employee is paid less than the wage rate applicable under this
Act constitutes a separate offense.
(c) Any employer or his agent, or the officer or agent of any private
employer, who discharges or in any other manner discriminates against any
employee because that employee has made a complaint to his employer, or to
the Director or his authorized representative, that he has not been paid
wages in accordance with the provisions of this Act, or because that
employee has caused to be instituted or is about to cause to be instituted
any proceeding under or related to this Act, or because that employee has
testified or is about to testify in an investigation or proceeding under
this Act, is guilty of a Class B misdemeanor.
(d) It is the duty of the Department of Labor to inquire diligently for
any violations of this Act, and to institute the action for penalties
herein provided, and to enforce generally the provisions of this Act.
(Source: P.A. 101-1, eff. 2-19-19.)
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(820 ILCS 105/12) Sec. 12. (a) If any employee is paid by his or her employer less than the wage to which he or she is entitled under the provisions of this Act, the employee may recover in a civil action treble the amount of any such underpayments together with costs and such reasonable attorney's fees as may be allowed by the Court, and damages of 5% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid. Any agreement between the employee and the employer to work for less than such wage is no defense to such action. At the request of the employee or on motion of the Director of Labor, the Department of Labor may make an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs incurred in collecting such claim. Every such action shall be brought within 3 years from the date of the underpayment. Such employer shall be liable to the Department of Labor for a penalty in an amount of up to 20% of the total employer's underpayment where the employer's conduct is proven by a preponderance of the evidence to be willful, repeated, or with reckless disregard of this Act or any rule adopted under this Act. Such employer shall be liable to the Department for an additional penalty of $1,500. All administrative penalties ordered under this Act shall be paid by certified check, money order, or an electronic payment system designated by the Department for such purposes and shall be made payable to or deposited into the Department's Wage Theft Enforcement Fund. Such employer shall be additionally liable to the employee for damages in the amount of 5% of the amount of any such underpayments for each month following the date of payment during which such underpayments remain unpaid. These penalties and damages may be recovered in a civil action brought by the Director of Labor in any circuit court. In any such action, the Director of Labor shall be represented by the Attorney General. If an employee collects damages of 5% of the amount of underpayments as a result of an action brought by the Director of Labor, the employee may not also collect those damages in a private action brought by the employee for the same violation. If an employee collects damages of 5% of the amount of underpayments in a private action brought by the employee, the employee may not also collect those damages as a result of an action brought by the Director of Labor for the same violation. (b) If an employee has not collected damages under subsection (a) for the same violation, the Director is authorized to supervise the payment of the unpaid minimum wages and the unpaid overtime compensation owing to any employee or employees under Sections 4 and 4a of this Act and may bring any legal action necessary to recover the amount of the unpaid minimum wages and unpaid overtime compensation and an equal additional amount as damages, and the employer shall be required to pay the costs incurred in collecting such claim. Such employer shall be additionally liable to the Department of Labor for up to 20% of the total employer's underpayment where the employer's conduct is proven by a preponderance of the evidence to be willful, repeated, or with reckless disregard of this Act or any rule adopted under this Act. Such employer shall be liable to the Department of Labor for an additional penalty of $1,500, payable to the Department's Wage Theft Enforcement Fund. The action shall be brought within 5 years from the date of the failure to pay the wages or compensation. Any sums thus recovered by the Director on behalf of an employee pursuant to this subsection shall be deposited into the Department of Labor Special State Trust Fund, from which the Department shall disburse the sums owed to the employee or employees. The Department shall conduct a good faith search to find all employees for whom it has recovered unpaid minimum wages or unpaid overtime compensation. All disbursements authorized under this Section shall be made by certified check, money order, or an electronic payment system designated by the Department. (c) The Department shall hold any moneys due to employees that it is unable to locate in the Department of Labor Special State Trust Fund for no less than 3 years after the moneys were collected. Beginning November 1, 2023, or as soon as is practical, and each November 1 thereafter, the Department shall report any moneys due to employees who cannot be located and that have been held by the Department in the Department of Labor Special State Trust Fund for 3 or more years and moneys due to employees who are deceased to the State Treasurer as required by the Revised Uniform Unclaimed Property Act. The Department shall not be required to provide the notice required under Section 15-501 of the Revised Uniform Unclaimed Property Act. Beginning July 1, 2023, or as soon as is practical, and each July 1 thereafter, the Department shall direct the State Comptroller and State Treasurer to transfer from the Department of Labor Special State Trust Fund the balance of the moneys due to employees who cannot be located and that have been held by the Department in the Department of Labor Special State Trust Fund for 3 or more years and moneys due to employees who are deceased as follows: (i) 15% to the Wage Theft Enforcement Fund and (ii) 85% to the Unclaimed Property Trust Fund. The Department may use moneys in the Wage Theft Enforcement Fund for the purposes described in Section 14 of the Illinois Wage Payment and Collection Act. (d) The Department may adopt rules to implement and administer this Section. (Source: P.A. 103-182, eff. 6-30-23; 103-201, eff. 1-1-24; 103-605, eff. 7-1-24.) |