Bill Text: IL SB1658 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Personnel Record Review Act, the Right to Privacy in the Workplace Act, the Minimum Wage Law, the Equal Pay Act of 2003, the Illinois Wage Payment and Collection Act, the One Day Rest In Seven Act, the School Visitation Rights Act, the Victims' Economic Security and Safety Act, the Employee Classification Act, the Workers' Compensation Act, and the Workers' Occupational Diseases Act. Provides that, for purposes of those Acts, one or both of the terms "employ" and "employee" have the meanings ascribed to those terms in the Fair Labor Standards Act of 1938. Amends the Unemployment Insurance Act to provide that the term "employment" during years in which the Bond Obligation under the Illinois Unemployment Insurance Trust Fund Act has been reduced to zero does not include services performed by an individual who has been proven in any proceeding where such issue is involved that his or her compensation is not subject to federal wage withholding. Makes other changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-04-07 - Rule 2-10 Committee Deadline Established As May 5, 2017 [SB1658 Detail]

Download: Illinois-2017-SB1658-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1658

Introduced 2/9/2017, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:
820 ILCS 40/1 from Ch. 48, par. 2001
820 ILCS 55/3 new
820 ILCS 105/3 from Ch. 48, par. 1003
820 ILCS 112/5
820 ILCS 115/2 from Ch. 48, par. 39m-2
820 ILCS 140/1 from Ch. 48, par. 8a
820 ILCS 147/10
820 ILCS 180/10
820 ILCS 185/5
820 ILCS 185/15
820 ILCS 185/20
820 ILCS 185/25
820 ILCS 185/10 rep.
820 ILCS 305/1 from Ch. 48, par. 138.1
820 ILCS 310/1 from Ch. 48, par. 172.36
820 ILCS 405/211.4 from Ch. 48, par. 321.4
820 ILCS 405/212 from Ch. 48, par. 322

Amends the Personnel Record Review Act, the Right to Privacy in the Workplace Act, the Minimum Wage Law, the Equal Pay Act of 2003, the Illinois Wage Payment and Collection Act, the One Day Rest In Seven Act, the School Visitation Rights Act, the Victims' Economic Security and Safety Act, the Employee Classification Act, the Workers' Compensation Act, and the Workers' Occupational Diseases Act. Provides that, for purposes of those Acts, one or both of the terms "employ" and "employee" have the meanings ascribed to those terms in the Fair Labor Standards Act of 1938. Amends the Unemployment Insurance Act to provide that the term "employment" during years in which the Bond Obligation under the Illinois Unemployment Insurance Trust Fund Act has been reduced to zero does not include services performed by an individual who has been proven in any proceeding where such issue is involved that his or her compensation is not subject to federal wage withholding. Makes other changes.
LRB100 06579 JLS 16620 b

A BILL FOR

SB1658LRB100 06579 JLS 16620 b
1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Personnel Record Review Act is amended by
5changing Section 1 as follows:
6 (820 ILCS 40/1) (from Ch. 48, par. 2001)
7 Sec. 1. Definitions. As used in this Act:
8 (a) "Employee" has the meaning ascribed to that term in the
9Fair Labor Standards Act of 1938, 29 U.S.C. 203, and also
10includes means a person currently employed or subject to recall
11after layoff or leave of absence with a right to return at a
12position with an employer or a former employee who has
13terminated service within the preceding year.
14 (b) "Employer" means an individual, corporation,
15partnership, labor organization, unincorporated association,
16the State, an agency or a political subdivision of the State,
17or any other legal, business, or commercial entity which has 5
18employees or more than 5 employees exclusive of the employer's
19parent, spouse or child or other members of his immediate
20family and includes an agent of the employer.
21 (c) "Employ" has the meaning ascribed to that term in the
22Fair Labor Standards Act of 1938, 29 U.S.C. 203.
23(Source: P.A. 83-1339.)

SB1658- 2 -LRB100 06579 JLS 16620 b
1 Section 10. The Right to Privacy in the Workplace Act is
2amended by adding Section 3 as follows:
3 (820 ILCS 55/3 new)
4 Sec. 3. Definitions. As used in this Act:
5 "Employee" has the meaning ascribed to that term in the
6Fair Labor Standards Act of 1938, 29 U.S.C. 203.
7 "Employ" has the meaning ascribed to that term in the Fair
8Labor Standards Act of 1938, 29 U.S.C. 203.
9 Section 15. The Minimum Wage Law is amended by changing
10Section 3 as follows:
11 (820 ILCS 105/3) (from Ch. 48, par. 1003)
12 Sec. 3. As used in this Act:
13 (a) "Director" means the Director of the Department of
14Labor, and "Department" means the Department of Labor.
15 (b) "Wages" means compensation due to an employee by reason
16of his employment, including allowances determined by the
17Director in accordance with the provisions of this Act for
18gratuities and, when furnished by the employer, for meals and
19lodging actually used by the employee.
20 (c) "Employer" includes any individual, partnership,
21association, corporation, limited liability company, business
22trust, governmental or quasi-governmental body, or any person

SB1658- 3 -LRB100 06579 JLS 16620 b
1or group of persons acting directly or indirectly in the
2interest of an employer in relation to an employee, for which
3one or more persons are gainfully employed on some day within a
4calendar year. An employer is subject to this Act in a calendar
5year on and after the first day in such calendar year in which
6he employs one or more persons, and for the following calendar
7year.
8 (c-1) "Employ" has the meaning ascribed to that term in the
9Fair Labor Standards Act of 1938, 29 U.S.C. 203.
10 (d) "Employee" has the meaning ascribed to that term in the
11Fair Labor Standards Act of 1938, 29 U.S.C. 203 includes any
12individual permitted to work by an employer in an occupation,
13and includes, notwithstanding subdivision (1) of this
14subsection (d), one or more domestic workers as defined in
15Section 10 of the Domestic Workers' Bill of Rights Act, but
16does not include any individual permitted to work:
17 (1) For an employer employing fewer than 4 employees
18 exclusive of the employer's parent, spouse or child or
19 other members of his immediate family.
20 (2) As an employee employed in agriculture or
21 aquaculture (A) if such employee is employed by an employer
22 who did not, during any calendar quarter during the
23 preceding calendar year, use more than 500 man-days of
24 agricultural or aquacultural labor, (B) if such employee is
25 the parent, spouse or child, or other member of the
26 employer's immediate family, (C) if such employee (i) is

SB1658- 4 -LRB100 06579 JLS 16620 b
1 employed as a hand harvest laborer and is paid on a piece
2 rate basis in an operation which has been, and is
3 customarily and generally recognized as having been, paid
4 on a piece rate basis in the region of employment, (ii)
5 commutes daily from his permanent residence to the farm on
6 which he is so employed, and (iii) has been employed in
7 agriculture less than 13 weeks during the preceding
8 calendar year, (D) if such employee (other than an employee
9 described in clause (C) of this subparagraph): (i) is 16
10 years of age or under and is employed as a hand harvest
11 laborer, is paid on a piece rate basis in an operation
12 which has been, and is customarily and generally recognized
13 as having been, paid on a piece rate basis in the region of
14 employment, (ii) is employed on the same farm as his parent
15 or person standing in the place of his parent, and (iii) is
16 paid at the same piece rate as employees over 16 are paid
17 on the same farm.
18 (3) (Blank).
19 (4) As an outside salesman.
20 (5) As a member of a religious corporation or
21 organization.
22 (6) At an accredited Illinois college or university
23 employed by the college or university at which he is a
24 student who is covered under the provisions of the Fair
25 Labor Standards Act of 1938, as heretofore or hereafter
26 amended.

SB1658- 5 -LRB100 06579 JLS 16620 b
1 (7) For a motor carrier and with respect to whom the
2 U.S. Secretary of Transportation has the power to establish
3 qualifications and maximum hours of service under the
4 provisions of Title 49 U.S.C. or the State of Illinois
5 under Section 18b-105 (Title 92 of the Illinois
6 Administrative Code, Part 395 - Hours of Service of
7 Drivers) of the Illinois Vehicle Code.
8 The above exclusions from the term "employee" may be
9further defined by regulations of the Director.
10 (e) "Occupation" means an industry, trade, business or
11class of work in which employees are gainfully employed.
12 (f) "Gratuities" means voluntary monetary contributions to
13an employee from a guest, patron or customer in connection with
14services rendered.
15 (g) "Outside salesman" means an employee regularly engaged
16in making sales or obtaining orders or contracts for services
17where a major portion of such duties are performed away from
18his employer's place of business.
19 (h) "Day camp" means a seasonal recreation program in
20operation for no more than 16 weeks intermittently throughout
21the calendar year, accommodating for profit or under
22philanthropic or charitable auspices, 5 or more children under
2318 years of age, not including overnight programs. The term
24"day camp" does not include a "day care agency", "child care
25facility" or "foster family home" as licensed by the Illinois
26Department of Children and Family Services.

SB1658- 6 -LRB100 06579 JLS 16620 b
1(Source: P.A. 99-758, eff. 1-1-17.)
2 Section 20. The Equal Pay Act of 2003 is amended by
3changing Section 5 as follows:
4 (820 ILCS 112/5)
5 Sec. 5. Definitions. As used in this Act:
6 "Director" means the Director of Labor.
7 "Department" means the Department of Labor.
8 "Employee" has the meaning ascribed to that term in the
9Fair Labor Standards Act of 1938, 29 U.S.C. 203 means any
10individual permitted to work by an employer.
11 "Employ" has the meaning ascribed to that term in the Fair
12Labor Standards Act of 1938, 29 U.S.C. 203.
13 "Employer" means an individual, partnership, corporation,
14association, business, trust, person, or entity for whom
15employees are gainfully employed in Illinois and includes the
16State of Illinois, any state officer, department, or agency,
17any unit of local government, and any school district.
18(Source: P.A. 99-418, eff. 1-1-16.)
19 Section 25. The Illinois Wage Payment and Collection Act is
20amended by changing Section 2 as follows:
21 (820 ILCS 115/2) (from Ch. 48, par. 39m-2)
22 Sec. 2. For all employees, other than separated employees,

SB1658- 7 -LRB100 06579 JLS 16620 b
1"wages" shall be defined as any compensation owed an employee
2by an employer pursuant to an employment contract or agreement
3between the 2 parties, whether the amount is determined on a
4time, task, piece, or any other basis of calculation. Payments
5to separated employees shall be termed "final compensation" and
6shall be defined as wages, salaries, earned commissions, earned
7bonuses, and the monetary equivalent of earned vacation and
8earned holidays, and any other compensation owed the employee
9by the employer pursuant to an employment contract or agreement
10between the 2 parties. Where an employer is legally committed
11through a collective bargaining agreement or otherwise to make
12contributions to an employee benefit, trust or fund on the
13basis of a certain amount per hour, day, week or other period
14of time, the amount due from the employer to such employee
15benefit, trust, or fund shall be defined as "wage supplements",
16subject to the wage collection provisions of this Act.
17 As used in this Act, the term "employer" shall include any
18individual, partnership, association, corporation, limited
19liability company, business trust, employment and labor
20placement agencies where wage payments are made directly or
21indirectly by the agency or business for work undertaken by
22employees under hire to a third party pursuant to a contract
23between the business or agency with the third party, or any
24person or group of persons acting directly or indirectly in the
25interest of an employer in relation to an employee, for which
26one or more persons is gainfully employed.

SB1658- 8 -LRB100 06579 JLS 16620 b
1 As used in this Act, the term "employee" has the meaning
2ascribed to that term in the Fair Labor Standards Act of 1938,
329 U.S.C. 203. shall include any individual permitted to work
4by an employer in an occupation, but shall not include any
5individual:
6 (1) who has been and will continue to be free from
7 control and direction over the performance of his work,
8 both under his contract of service with his employer and in
9 fact; and
10 (2) who performs work which is either outside the usual
11 course of business or is performed outside all of the
12 places of business of the employer unless the employer is
13 in the business of contracting with third parties for the
14 placement of employees; and
15 (3) who is in an independently established trade,
16 occupation, profession or business.
17 As used in this Act, the term "employ" has the meaning
18ascribed to that term in the Fair Labor Standards Act of 1938,
1929 U.S.C. 203.
20 The following terms apply to an employer's use of payroll
21cards to pay wages to an employee under the requirements of
22this Act:
23 "Payroll card" means a card provided to an employee by an
24employer or other payroll card issuer as a means of accessing
25the employee's payroll card account.
26 "Payroll card account" means an account that is directly or

SB1658- 9 -LRB100 06579 JLS 16620 b
1indirectly established through an employer and to which
2deposits of a participating employee's wages are made.
3 "Payroll card issuer" means a bank, financial institution,
4or other entity that issues a payroll card to an employee under
5an employer payroll card program.
6(Source: P.A. 98-862, eff. 1-1-15.)
7 Section 30. The One Day Rest In Seven Act is amended by
8changing Section 1 as follows:
9 (820 ILCS 140/1) (from Ch. 48, par. 8a)
10 Sec. 1. The words and phrases mentioned in this section, as
11used in this Act, and in proceedings pursuant hereto shall,
12unless the same be inconsistent with the context, be construed
13as follows:
14 "Employer" shall mean a person, partnership, joint stock
15company or corporation, which employs any person to work, labor
16or exercise skill in connection with the operation of any
17business, industry, vocation or occupation.
18 "Employee" has the meaning ascribed to that term in the
19Fair Labor Standards Act of 1938, 29 U.S.C. 203.
20 "Employ" has the meaning ascribed to that term in the Fair
21Labor Standards Act of 1938, 29 U.S.C. 203.
22(Source: P.A. 78-917.)
23 Section 35. The School Visitation Rights Act is amended by

SB1658- 10 -LRB100 06579 JLS 16620 b
1changing Section 10 as follows:
2 (820 ILCS 147/10)
3 Sec. 10. Definitions. As used in this Act:
4 (a) "Employee" has the meaning ascribed to that term in the
5Fair Labor Standards Act of 1938, 29 U.S.C. 203, and also
6includes means a person who performs services for hire for an
7employer for:
8 (1) at least 6 consecutive months immediately
9 preceding a request for leave under this Act; and
10 (2) an average number of hours per week equal to at
11 least one-half the full-time equivalent position in the
12 employer's job classification, as defined by the
13 employer's personnel policies or practices or in
14 accordance with a collective bargaining agreement, during
15 those 6 months.
16 "Employee" includes all individuals meeting the above
17criteria but does not include an independent contractor.
18 (a-1) "Employ" has the meaning ascribed to that term in the
19Fair Labor Standards Act of 1938, 29 U.S.C. 203.
20 (b) "Employer" means any of the following: a State agency,
21officer, or department, a unit of local government, a school
22district, an individual, a corporation, a partnership, an
23association, or a nonprofit organization.
24 (c) "Child" means a biological, adopted or foster child, a
25stepchild or a legal ward of an employee and who is enrolled in

SB1658- 11 -LRB100 06579 JLS 16620 b
1a primary or secondary public or private school in this State
2or a state which shares a common boundary with Illinois.
3 (d) "School" means any public or private primary or
4secondary school or educational facility located in this State
5or a state which shares a common boundary with Illinois.
6 (e) "School administrator" means the principal or similar
7administrator who is responsible for the operations of the
8school.
9(Source: P.A. 87-1240.)
10 Section 40. The Victims' Economic Security and Safety Act
11is amended by changing Section 10 as follows:
12 (820 ILCS 180/10)
13 Sec. 10. Definitions. In this Act, except as otherwise
14expressly provided:
15 (1) "Commerce" includes trade, traffic, commerce,
16 transportation, or communication; and "industry or
17 activity affecting commerce" means any activity, business,
18 or industry in commerce or in which a labor dispute would
19 hinder or obstruct commerce or the free flow of commerce,
20 and includes "commerce" and any "industry affecting
21 commerce".
22 (2) "Course of conduct" means a course of repeatedly
23 maintaining a visual or physical proximity to a person or
24 conveying oral or written threats, including threats

SB1658- 12 -LRB100 06579 JLS 16620 b
1 conveyed through electronic communications, or threats
2 implied by conduct.
3 (3) "Department" means the Department of Labor.
4 (4) "Director" means the Director of Labor.
5 (5) "Domestic or sexual violence" means domestic
6 violence, sexual assault, or stalking.
7 (6) "Domestic violence" means abuse, as defined in
8 Section 103 of the Illinois Domestic Violence Act of 1986,
9 by a family or household member, as defined in Section 103
10 of the Illinois Domestic Violence Act of 1986.
11 (7) "Electronic communications" includes
12 communications via telephone, mobile phone, computer,
13 e-mail, video recorder, fax machine, telex, or pager, or
14 any other electronic communication, as defined in Section
15 12-7.5 of the Criminal Code of 2012.
16 (8) "Employ" has the meaning ascribed to that term in
17 the Fair Labor Standards Act of 1938, 29 U.S.C. 203
18 includes to suffer or permit to work.
19 (9) Employee.
20 (A) In general. "Employee" has the meaning
21 ascribed to that term in the Fair Labor Standards Act
22 of 1938, 29 U.S.C. 203 means any person employed by an
23 employer.
24 (B) Basis. "Employee" includes a person employed
25 as described in subparagraph (A) on a full or part-time
26 basis, or as a participant in a work assignment as a

SB1658- 13 -LRB100 06579 JLS 16620 b
1 condition of receipt of federal or State income-based
2 public assistance.
3 (10) "Employer" means any of the following: (A) the
4 State or any agency of the State; (B) any unit of local
5 government or school district; or (C) any person that
6 employs at least one employee.
7 (11) "Employment benefits" means all benefits provided
8 or made available to employees by an employer, including
9 group life insurance, health insurance, disability
10 insurance, sick leave, annual leave, educational benefits,
11 pensions, and profit-sharing, regardless of whether such
12 benefits are provided by a practice or written policy of an
13 employer or through an "employee benefit plan". "Employee
14 benefit plan" or "plan" means an employee welfare benefit
15 plan or an employee pension benefit plan or a plan which is
16 both an employee welfare benefit plan and an employee
17 pension benefit plan.
18 (12) "Family or household member", for employees with a
19 family or household member who is a victim of domestic or
20 sexual violence, means a spouse, parent, son, daughter,
21 other person related by blood or by present or prior
22 marriage, other person who shares a relationship through a
23 son or daughter, and persons jointly residing in the same
24 household.
25 (13) "Parent" means the biological parent of an
26 employee or an individual who stood in loco parentis to an

SB1658- 14 -LRB100 06579 JLS 16620 b
1 employee when the employee was a son or daughter. "Son or
2 daughter" means a biological, adopted, or foster child, a
3 stepchild, a legal ward, or a child of a person standing in
4 loco parentis, who is under 18 years of age, or is 18 years
5 of age or older and incapable of self-care because of a
6 mental or physical disability.
7 (14) "Perpetrator" means an individual who commits or
8 is alleged to have committed any act or threat of domestic
9 or sexual violence.
10 (15) "Person" means an individual, partnership,
11 association, corporation, business trust, legal
12 representative, or any organized group of persons.
13 (16) "Public agency" means the Government of the State
14 or political subdivision thereof; any agency of the State,
15 or of a political subdivision of the State; or any
16 governmental agency.
17 (17) "Public assistance" includes cash, food stamps,
18 medical assistance, housing assistance, and other benefits
19 provided on the basis of income by a public agency or
20 public employer.
21 (18) "Reduced work schedule" means a work schedule that
22 reduces the usual number of hours per workweek, or hours
23 per workday, of an employee.
24 (19) "Repeatedly" means on 2 or more occasions.
25 (20) "Sexual assault" means any conduct proscribed by
26 the Criminal Code of 1961 or the Criminal Code of 2012 in

SB1658- 15 -LRB100 06579 JLS 16620 b
1 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2 12-13, 12-14, 12-14.1, 12-15, and 12-16.
3 (21) "Stalking" means any conduct proscribed by the
4 Criminal Code of 1961 or the Criminal Code of 2012 in
5 Sections 12-7.3, 12-7.4, and 12-7.5.
6 (22) "Victim" or "survivor" means an individual who has
7 been subjected to domestic or sexual violence.
8 (23) "Victim services organization" means a nonprofit,
9 nongovernmental organization that provides assistance to
10 victims of domestic or sexual violence or to advocates for
11 such victims, including a rape crisis center, an
12 organization carrying out a domestic violence program, an
13 organization operating a shelter or providing counseling
14 services, or a legal services organization or other
15 organization providing assistance through the legal
16 process.
17(Source: P.A. 99-765, eff. 1-1-17.)
18 Section 45. The Employee Classification Act is amended by
19changing Sections 5, 15, 20, and 25 as follows:
20 (820 ILCS 185/5)
21 Sec. 5. Definitions. As used in this Act:
22 "Construction" means any constructing, altering,
23reconstructing, repairing, rehabilitating, refinishing,
24refurbishing, remodeling, remediating, renovating, custom

SB1658- 16 -LRB100 06579 JLS 16620 b
1fabricating, maintenance, landscaping, improving, wrecking,
2painting, decorating, demolishing, and adding to or
3subtracting from any building, structure, highway, roadway,
4street, bridge, alley, sewer, ditch, sewage disposal plant,
5water works, parking facility, railroad, excavation or other
6structure, project, development, real property or improvement,
7or to do any part thereof, whether or not the performance of
8the work herein described involves the addition to, or
9fabrication into, any structure, project, development, real
10property or improvement herein described of any material or
11article of merchandise. Construction shall also include moving
12construction related materials on the job site to or from the
13job site.
14 "Contractor" means any individual, sole proprietor,
15partnership, firm, corporation, limited liability company,
16association or other legal entity permitted by law to do
17business within the State of Illinois who engages in
18construction as defined in this Act.
19 "Contractor" includes a general contractor and a
20subcontractor.
21 "Department" means the Department of Labor.
22 "Director" means the Director of the Department of Labor.
23 "Employee" has the meaning ascribed to that term in the
24Fair Labor Standards Act of 1938, 29 U.S.C. 203.
25 "Employer" means any contractor that employs individuals
26deemed employees under Section 10 of this Act; however,

SB1658- 17 -LRB100 06579 JLS 16620 b
1"employer" does not include (i) the State of Illinois or its
2officers, agencies, or political subdivisions or (ii) the
3federal government.
4 "Entity" means any contractor for which an individual is
5performing services and is not classified as an employee under
6Section 10 of this Act; however, "entity" does not include (i)
7the State of Illinois or its officers, agencies, or political
8subdivisions or (ii) the federal government.
9 "Interested party" means a person with an interest in
10compliance with this Act.
11 "Performing services" means the performance of any
12constructing, altering, reconstructing, repairing,
13rehabilitating, refinishing, refurbishing, remodeling,
14remediating, renovating, custom fabricating, maintenance,
15landscaping, improving, wrecking, painting, decorating,
16demolishing, and adding to or subtracting from any building,
17structure, highway, roadway, street, bridge, alley, sewer,
18ditch, sewage disposal plant, water works, parking facility,
19railroad, excavation or other structure, project, development,
20real property or improvement, or to do any part thereof,
21whether or not the performance of the work herein described
22involves the addition to, or fabrication into, any structure,
23project, development, real property or improvement herein
24described of any material or article of merchandise.
25Construction shall also include moving construction related
26materials on the job site to or from the job site.

SB1658- 18 -LRB100 06579 JLS 16620 b
1(Source: P.A. 98-106, eff. 1-1-14.)
2 (820 ILCS 185/15)
3 Sec. 15. Notice.
4 (a) The Department shall post a summary of the requirements
5of this Act in English, Spanish, and Polish on its official web
6site and on bulletin boards in each of its offices.
7 (b) An entity for whom one or more individuals perform
8services who are not classified as employees under Section 10
9of this Act shall post and keep posted, in a conspicuous place
10on each job site where those individuals perform services and
11in each of its offices, a notice in English, Spanish, and
12Polish, prepared by the Department, summarizing the
13requirements of this Act. The Department shall furnish copies
14of summaries without charge to entities upon request.
15(Source: P.A. 95-26, eff. 1-1-08.)
16 (820 ILCS 185/20)
17 Sec. 20. Failure to properly designate or classify
18individuals performing services as employees. It is a violation
19of this Act for an employer or entity not to designate an
20individual as an employee under Section 10 of this Act unless
21the employer or entity satisfies the provisions of Section 10
22of this Act.
23(Source: P.A. 95-26, eff. 1-1-08.)

SB1658- 19 -LRB100 06579 JLS 16620 b
1 (820 ILCS 185/25)
2 Sec. 25. Enforcement.
3 (a) Any interested party may file a complaint with the
4Department against an entity or employer covered under this Act
5if there is a reasonable belief that the entity or employer is
6in violation of this Act. It shall be the duty of the
7Department to enforce the provisions of this Act. The
8Department shall have the power to conduct investigations in
9connection with the administration and enforcement of this Act
10and any investigator with the Department shall be authorized to
11visit and inspect, at all reasonable times, any places covered
12by this Act and shall be authorized to inspect, at all
13reasonable times, documents related to the determination of
14whether an individual is an employee under Section 10 of this
15Act. The Director of Labor or his or her representative may
16compel, by subpoena, the attendance and testimony of witnesses
17and the production of books, payrolls, records, papers, and
18other evidence in any investigation and may administer oaths to
19witnesses. Within 120 days of the filing of a complaint, the
20Department shall notify the employer in writing of the filing
21of a complaint and provide the employer the location and
22approximate date of the project or projects, affected
23contractors, and the nature of the allegations being
24investigated.
25 (b) Whenever the Department believes upon investigation
26that there has been a violation of any of the provisions of

SB1658- 20 -LRB100 06579 JLS 16620 b
1this Act or any rules or regulations promulgated under this
2Act, the Department may: (i) issue and cause to be served on
3any party an order to cease and desist from further violation
4of the Act, (ii) take affirmative or other action as deemed
5reasonable to eliminate the effect of the violation, (iii)
6collect the amount of any wages, salary, employment benefits,
7or other compensation denied or lost to the individual, and
8(iv) assess any civil penalty allowed by this Act.
9 (c) If, upon investigation, the Department finds cause to
10believe that Section 20 or Section 55 of this Act has been
11violated, the Department shall notify the employer, in writing,
12of its finding and any proposed relief due and penalties
13assessed and that the matter will be referred to an
14Administrative Law Judge to schedule a formal hearing in
15accordance with the Illinois Administrative Procedure Act.
16 (d) The employer has 28 calendar days from the date of the
17Department's findings to answer the allegations contained in
18the Department's findings. If an employer fails to answer all
19allegations contained in the Department's findings, any
20unanswered allegations or findings shall be deemed admitted to
21be true and shall be found true in the final decision issued by
22the Administrative Law Judge. If, within 30 calendar days of
23the final decision issued by the Administrative Law Judge, the
24employer files a motion to vacate the Administrative Law
25Judge's final decision and demonstrates good cause for failing
26to answer the Department's allegations, and the Administrative

SB1658- 21 -LRB100 06579 JLS 16620 b
1Law Judge grants the motion, the employer shall be afforded an
2opportunity to answer and the matter shall proceed as if an
3original answer to the Department's findings had been filed.
4 (e) A final decision of an Administrative Law Judge issued
5pursuant to this Section is subject to the provisions of the
6Administrative Review Law and shall be enforceable in an action
7brought in the name of the people of the State of Illinois by
8the Attorney General.
9(Source: P.A. 98-106, eff. 1-1-14.)
10 (820 ILCS 185/10 rep.)
11 Section 50. The Employee Classification Act is amended by
12repealing Section 10.
13 Section 55. The Workers' Compensation Act is amended by
14changing Section 1 as follows:
15 (820 ILCS 305/1) (from Ch. 48, par. 138.1)
16 Sec. 1. This Act may be cited as the Workers' Compensation
17Act.
18 (a) The term "employer" as used in this Act means:
19 1. The State and each county, city, town, township,
20incorporated village, school district, body politic, or
21municipal corporation therein.
22 2. Every person, firm, public or private corporation,
23including hospitals, public service, eleemosynary, religious

SB1658- 22 -LRB100 06579 JLS 16620 b
1or charitable corporations or associations who has any person
2in service or under any contract for hire, express or implied,
3oral or written, and who is engaged in any of the enterprises
4or businesses enumerated in Section 3 of this Act, or who at or
5prior to the time of the accident to the employee for which
6compensation under this Act may be claimed, has in the manner
7provided in this Act elected to become subject to the
8provisions of this Act, and who has not, prior to such
9accident, effected a withdrawal of such election in the manner
10provided in this Act.
11 3. Any one engaging in any business or enterprise referred
12to in subsections 1 and 2 of Section 3 of this Act who
13undertakes to do any work enumerated therein, is liable to pay
14compensation to his own immediate employees in accordance with
15the provisions of this Act, and in addition thereto if he
16directly or indirectly engages any contractor whether
17principal or sub-contractor to do any such work, he is liable
18to pay compensation to the employees of any such contractor or
19sub-contractor unless such contractor or sub-contractor has
20insured, in any company or association authorized under the
21laws of this State to insure the liability to pay compensation
22under this Act, or guaranteed his liability to pay such
23compensation. With respect to any time limitation on the filing
24of claims provided by this Act, the timely filing of a claim
25against a contractor or subcontractor, as the case may be,
26shall be deemed to be a timely filing with respect to all

SB1658- 23 -LRB100 06579 JLS 16620 b
1persons upon whom liability is imposed by this paragraph.
2 In the event any such person pays compensation under this
3subsection he may recover the amount thereof from the
4contractor or sub-contractor, if any, and in the event the
5contractor pays compensation under this subsection he may
6recover the amount thereof from the sub-contractor, if any.
7 This subsection does not apply in any case where the
8accident occurs elsewhere than on, in or about the immediate
9premises on which the principal has contracted that the work be
10done.
11 4. Where an employer operating under and subject to the
12provisions of this Act loans an employee to another such
13employer and such loaned employee sustains a compensable
14accidental injury in the employment of such borrowing employer
15and where such borrowing employer does not provide or pay the
16benefits or payments due such injured employee, such loaning
17employer is liable to provide or pay all benefits or payments
18due such employee under this Act and as to such employee the
19liability of such loaning and borrowing employers is joint and
20several, provided that such loaning employer is in the absence
21of agreement to the contrary entitled to receive from such
22borrowing employer full reimbursement for all sums paid or
23incurred pursuant to this paragraph together with reasonable
24attorneys' fees and expenses in any hearings before the
25Illinois Workers' Compensation Commission or in any action to
26secure such reimbursement. Where any benefit is provided or

SB1658- 24 -LRB100 06579 JLS 16620 b
1paid by such loaning employer the employee has the duty of
2rendering reasonable cooperation in any hearings, trials or
3proceedings in the case, including such proceedings for
4reimbursement.
5 Where an employee files an Application for Adjustment of
6Claim with the Illinois Workers' Compensation Commission
7alleging that his claim is covered by the provisions of the
8preceding paragraph, and joining both the alleged loaning and
9borrowing employers, they and each of them, upon written demand
10by the employee and within 7 days after receipt of such demand,
11shall have the duty of filing with the Illinois Workers'
12Compensation Commission a written admission or denial of the
13allegation that the claim is covered by the provisions of the
14preceding paragraph and in default of such filing or if any
15such denial be ultimately determined not to have been bona fide
16then the provisions of Paragraph K of Section 19 of this Act
17shall apply.
18 An employer whose business or enterprise or a substantial
19part thereof consists of hiring, procuring or furnishing
20employees to or for other employers operating under and subject
21to the provisions of this Act for the performance of the work
22of such other employers and who pays such employees their
23salary or wages notwithstanding that they are doing the work of
24such other employers shall be deemed a loaning employer within
25the meaning and provisions of this Section.
26 (a-1) The term "employ" as used in this Act has the meaning

SB1658- 25 -LRB100 06579 JLS 16620 b
1ascribed to that term in the Fair Labor Standards Act of 1938,
229 U.S.C. 203.
3 (b) The term "employee" as used in this Act has the meaning
4ascribed to that term in the Fair Labor Standards Act of 1938,
529 U.S.C. 203, and also includes means:
6 1. Every person in the service of the State, including
7members of the General Assembly, members of the Commerce
8Commission, members of the Illinois Workers' Compensation
9Commission, and all persons in the service of the University of
10Illinois, county, including deputy sheriffs and assistant
11state's attorneys, city, town, township, incorporated village
12or school district, body politic, or municipal corporation
13therein, whether by election, under appointment or contract of
14hire, express or implied, oral or written, including all
15members of the Illinois National Guard while on active duty in
16the service of the State, and all probation personnel of the
17Juvenile Court appointed pursuant to Article VI of the Juvenile
18Court Act of 1987, and including any official of the State, any
19county, city, town, township, incorporated village, school
20district, body politic or municipal corporation therein except
21any duly appointed member of a police department in any city
22whose population exceeds 500,000 according to the last Federal
23or State census, and except any member of a fire insurance
24patrol maintained by a board of underwriters in this State. A
25duly appointed member of a fire department in any city, the
26population of which exceeds 500,000 according to the last

SB1658- 26 -LRB100 06579 JLS 16620 b
1federal or State census, is an employee under this Act only
2with respect to claims brought under paragraph (c) of Section
38.
4 One employed by a contractor who has contracted with the
5State, or a county, city, town, township, incorporated village,
6school district, body politic or municipal corporation
7therein, through its representatives, is not considered as an
8employee of the State, county, city, town, township,
9incorporated village, school district, body politic or
10municipal corporation which made the contract.
11 2. Every person in the service of another under any
12contract of hire, express or implied, oral or written,
13including persons whose employment is outside of the State of
14Illinois where the contract of hire is made within the State of
15Illinois, persons whose employment results in fatal or
16non-fatal injuries within the State of Illinois where the
17contract of hire is made outside of the State of Illinois, and
18persons whose employment is principally localized within the
19State of Illinois, regardless of the place of the accident or
20the place where the contract of hire was made, and including
21aliens, and minors who, for the purpose of this Act are
22considered the same and have the same power to contract,
23receive payments and give quittances therefor, as adult
24employees.
25 3. Every sole proprietor and every partner of a business
26may elect to be covered by this Act.

SB1658- 27 -LRB100 06579 JLS 16620 b
1 An employee or his dependents under this Act who shall have
2a cause of action by reason of any injury, disablement or death
3arising out of and in the course of his employment may elect to
4pursue his remedy in the State where injured or disabled, or in
5the State where the contract of hire is made, or in the State
6where the employment is principally localized.
7 However, any employer may elect to provide and pay
8compensation to any employee other than those engaged in the
9usual course of the trade, business, profession or occupation
10of the employer by complying with Sections 2 and 4 of this Act.
11Employees are not included within the provisions of this Act
12when excluded by the laws of the United States relating to
13liability of employers to their employees for personal injuries
14where such laws are held to be exclusive.
15 The term "employee" does not include persons performing
16services as real estate broker, broker-salesman, or salesman
17when such persons are paid by commission only.
18 (c) "Commission" means the Industrial Commission created
19by Section 5 of "The Civil Administrative Code of Illinois",
20approved March 7, 1917, as amended, or the Illinois Workers'
21Compensation Commission created by Section 13 of this Act.
22 (d) To obtain compensation under this Act, an employee
23bears the burden of showing, by a preponderance of the
24evidence, that he or she has sustained accidental injuries
25arising out of and in the course of the employment.
26(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,

SB1658- 28 -LRB100 06579 JLS 16620 b
1eff. 7-13-12.)
2 Section 60. The Workers' Occupational Diseases Act is
3amended by changing Section 1 as follows:
4 (820 ILCS 310/1) (from Ch. 48, par. 172.36)
5 Sec. 1. This Act shall be known and may be cited as the
6"Workers' Occupational Diseases Act".
7 (a) The term "employer" as used in this Act shall be
8construed to be:
9 1. The State and each county, city, town, township,
10 incorporated village, school district, body politic, or
11 municipal corporation therein.
12 2. Every person, firm, public or private corporation,
13 including hospitals, public service, eleemosynary,
14 religious or charitable corporations or associations, who
15 has any person in service or under any contract for hire,
16 express or implied, oral or written.
17 3. Where an employer operating under and subject to the
18 provisions of this Act loans an employee to another such
19 employer and such loaned employee sustains a compensable
20 occupational disease in the employment of such borrowing
21 employer and where such borrowing employer does not provide
22 or pay the benefits or payments due such employee, such
23 loaning employer shall be liable to provide or pay all
24 benefits or payments due such employee under this Act and

SB1658- 29 -LRB100 06579 JLS 16620 b
1 as to such employee the liability of such loaning and
2 borrowing employers shall be joint and several, provided
3 that such loaning employer shall in the absence of
4 agreement to the contrary be entitled to receive from such
5 borrowing employer full reimbursement for all sums paid or
6 incurred pursuant to this paragraph together with
7 reasonable attorneys' fees and expenses in any hearings
8 before the Illinois Workers' Compensation Commission or in
9 any action to secure such reimbursement. Where any benefit
10 is provided or paid by such loaning employer, the employee
11 shall have the duty of rendering reasonable co-operation in
12 any hearings, trials or proceedings in the case, including
13 such proceedings for reimbursement.
14 Where an employee files an Application for Adjustment
15 of Claim with the Illinois Workers' Compensation
16 Commission alleging that his or her claim is covered by the
17 provisions of the preceding paragraph, and joining both the
18 alleged loaning and borrowing employers, they and each of
19 them, upon written demand by the employee and within 7 days
20 after receipt of such demand, shall have the duty of filing
21 with the Illinois Workers' Compensation Commission a
22 written admission or denial of the allegation that the
23 claim is covered by the provisions of the preceding
24 paragraph and in default of such filing or if any such
25 denial be ultimately determined not to have been bona fide
26 then the provisions of Paragraph K of Section 19 of this

SB1658- 30 -LRB100 06579 JLS 16620 b
1 Act shall apply.
2 An employer whose business or enterprise or a
3 substantial part thereof consists of hiring, procuring or
4 furnishing employees to or for other employers operating
5 under and subject to the provisions of this Act for the
6 performance of the work of such other employers and who
7 pays such employees their salary or wage notwithstanding
8 that they are doing the work of such other employers shall
9 be deemed a loaning employer within the meaning and
10 provisions of this Section.
11 (a-1) The term "employ" as used in this Act has the meaning
12ascribed to that term in the Fair Labor Standards Act of 1938,
1329 U.S.C. 203.
14 (b) The term "employee" as used in this Act has the meaning
15ascribed to that term in the Fair Labor Standards Act of 1938,
1629 U.S.C. 203, and also includes , shall be construed to mean:
17 1. Every person in the service of the State, county,
18 city, town, township, incorporated village or school
19 district, body politic or municipal corporation therein,
20 whether by election, appointment or contract of hire,
21 express or implied, oral or written, including any official
22 of the State, or of any county, city, town, township,
23 incorporated village, school district, body politic or
24 municipal corporation therein and except any duly
25 appointed member of the fire department in any city whose
26 population exceeds 500,000 according to the last Federal or

SB1658- 31 -LRB100 06579 JLS 16620 b
1 State census, and except any member of a fire insurance
2 patrol maintained by a board of underwriters in this State.
3 One employed by a contractor who has contracted with the
4 State, or a county, city, town, township, incorporated
5 village, school district, body politic or municipal
6 corporation therein, through its representatives, shall
7 not be considered as an employee of the State, county,
8 city, town, township, incorporated village, school
9 district, body politic or municipal corporation which made
10 the contract.
11 2. Every person in the service of another under any
12 contract of hire, express or implied, oral or written, who
13 contracts an occupational disease while working in the
14 State of Illinois, or who contracts an occupational disease
15 while working outside of the State of Illinois but where
16 the contract of hire is made within the State of Illinois,
17 and any person whose employment is principally localized
18 within the State of Illinois, regardless of the place where
19 the disease was contracted or place where the contract of
20 hire was made, including aliens, and minors who, for the
21 purpose of this Act, except Section 3 hereof, shall be
22 considered the same and have the same power to contract,
23 receive payments and give quittances therefor, as adult
24 employees. An employee or his or her dependents under this
25 Act who shall have a cause of action by reason of an
26 occupational disease, disablement or death arising out of

SB1658- 32 -LRB100 06579 JLS 16620 b
1 and in the course of his or her employment may elect or
2 pursue his or her remedy in the State where the disease was
3 contracted, or in the State where the contract of hire is
4 made, or in the State where the employment is principally
5 localized.
6 (c) "Commission" means the Illinois Workers' Compensation
7Commission created by the Workers' Compensation Act, approved
8July 9, 1951, as amended.
9 (d) In this Act the term "Occupational Disease" means a
10disease arising out of and in the course of the employment or
11which has become aggravated and rendered disabling as a result
12of the exposure of the employment. Such aggravation shall arise
13out of a risk peculiar to or increased by the employment and
14not common to the general public.
15 A disease shall be deemed to arise out of the employment if
16there is apparent to the rational mind, upon consideration of
17all the circumstances, a causal connection between the
18conditions under which the work is performed and the
19occupational disease. The disease need not to have been
20foreseen or expected but after its contraction it must appear
21to have had its origin or aggravation in a risk connected with
22the employment and to have flowed from that source as a
23rational consequence.
24 An employee shall be conclusively deemed to have been
25exposed to the hazards of an occupational disease when, for any
26length of time however short, he or she is employed in an

SB1658- 33 -LRB100 06579 JLS 16620 b
1occupation or process in which the hazard of the disease
2exists; provided however, that in a claim of exposure to atomic
3radiation, the fact of such exposure must be verified by the
4records of the central registry of radiation exposure
5maintained by the Department of Public Health or by some other
6recognized governmental agency maintaining records of such
7exposures whenever and to the extent that the records are on
8file with the Department of Public Health or the agency.
9 Any injury to or disease or death of an employee arising
10from the administration of a vaccine, including without
11limitation smallpox vaccine, to prepare for, or as a response
12to, a threatened or potential bioterrorist incident to the
13employee as part of a voluntary inoculation program in
14connection with the person's employment or in connection with
15any governmental program or recommendation for the inoculation
16of workers in the employee's occupation, geographical area, or
17other category that includes the employee is deemed to arise
18out of and in the course of the employment for all purposes
19under this Act. This paragraph added by Public Act 93-829 is
20declarative of existing law and is not a new enactment.
21 The employer liable for the compensation in this Act
22provided shall be the employer in whose employment the employee
23was last exposed to the hazard of the occupational disease
24claimed upon regardless of the length of time of such last
25exposure, except, in cases of silicosis or asbestosis, the only
26employer liable shall be the last employer in whose employment

SB1658- 34 -LRB100 06579 JLS 16620 b
1the employee was last exposed during a period of 60 days or
2more after the effective date of this Act, to the hazard of
3such occupational disease, and, in such cases, an exposure
4during a period of less than 60 days, after the effective date
5of this Act, shall not be deemed a last exposure. If a miner
6who is suffering or suffered from pneumoconiosis was employed
7for 10 years or more in one or more coal mines there shall,
8effective July 1, 1973 be a rebuttable presumption that his or
9her pneumoconiosis arose out of such employment.
10 If a deceased miner was employed for 10 years or more in
11one or more coal mines and died from a respirable disease there
12shall, effective July 1, 1973, be a rebuttable presumption that
13his or her death was due to pneumoconiosis.
14 Any condition or impairment of health of an employee
15employed as a firefighter, emergency medical technician (EMT),
16emergency medical technician-intermediate (EMT-I), advanced
17emergency medical technician (A-EMT), or paramedic which
18results directly or indirectly from any bloodborne pathogen,
19lung or respiratory disease or condition, heart or vascular
20disease or condition, hypertension, tuberculosis, or cancer
21resulting in any disability (temporary, permanent, total, or
22partial) to the employee shall be rebuttably presumed to arise
23out of and in the course of the employee's firefighting, EMT,
24EMT-I, A-EMT, or paramedic employment and, further, shall be
25rebuttably presumed to be causally connected to the hazards or
26exposures of the employment. This presumption shall also apply

SB1658- 35 -LRB100 06579 JLS 16620 b
1to any hernia or hearing loss suffered by an employee employed
2as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
3this presumption shall not apply to any employee who has been
4employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for
5less than 5 years at the time he or she files an Application
6for Adjustment of Claim concerning this condition or impairment
7with the Illinois Workers' Compensation Commission. The
8rebuttable presumption established under this subsection,
9however, does not apply to an emergency medical technician
10(EMT), emergency medical technician-intermediate (EMT-I),
11advanced emergency medical technician (A-EMT), or paramedic
12employed by a private employer if the employee spends the
13preponderance of his or her work time for that employer engaged
14in medical transfers between medical care facilities or
15non-emergency medical transfers to or from medical care
16facilities. The changes made to this subsection by this
17amendatory Act of the 98th General Assembly shall be narrowly
18construed. The Finding and Decision of the Illinois Workers'
19Compensation Commission under only the rebuttable presumption
20provision of this paragraph shall not be admissible or be
21deemed res judicata in any disability claim under the Illinois
22Pension Code arising out of the same medical condition;
23however, this sentence makes no change to the law set forth in
24Krohe v. City of Bloomington, 204 Ill.2d 392.
25 The insurance carrier liable shall be the carrier whose
26policy was in effect covering the employer liable on the last

SB1658- 36 -LRB100 06579 JLS 16620 b
1day of the exposure rendering such employer liable in
2accordance with the provisions of this Act.
3 (e) "Disablement" means an impairment or partial
4impairment, temporary or permanent, in the function of the body
5or any of the members of the body, or the event of becoming
6disabled from earning full wages at the work in which the
7employee was engaged when last exposed to the hazards of the
8occupational disease by the employer from whom he or she claims
9compensation, or equal wages in other suitable employment; and
10"disability" means the state of being so incapacitated.
11 (f) No compensation shall be payable for or on account of
12any occupational disease unless disablement, as herein
13defined, occurs within two years after the last day of the last
14exposure to the hazards of the disease, except in cases of
15occupational disease caused by berylliosis or by the inhalation
16of silica dust or asbestos dust and, in such cases, within 3
17years after the last day of the last exposure to the hazards of
18such disease and except in the case of occupational disease
19caused by exposure to radiological materials or equipment, and
20in such case, within 25 years after the last day of last
21exposure to the hazards of such disease.
22(Source: P.A. 98-291, eff. 1-1-14; 98-973, eff. 8-15-14.)
23 Section 65. The Unemployment Insurance Act is amended by
24changing Sections 211.4 and 212 as follows:

SB1658- 37 -LRB100 06579 JLS 16620 b
1 (820 ILCS 405/211.4) (from Ch. 48, par. 321.4)
2 Sec. 211.4. A. Notwithstanding any other provision of this
3Act, the term "employment" shall include service performed
4after December 31, 1977, by an individual in agricultural labor
5as defined in Section 214 when:
6 1. Such service is performed for an employing unit
7 which (a) paid cash wages of $20,000 or more during any
8 calendar quarter in either the current or preceding
9 calendar year to an individual or individuals employed in
10 agricultural labor (not taking into account service in
11 agricultural labor performed before January 1, 1980, by an
12 alien referred to in paragraph 2); or (b) employed in
13 agricultural labor (not taking into account service in
14 agricultural labor performed before January 1, 1980, by an
15 alien referred to in paragraph 2) 10 or more individuals
16 within each of 20 or more calendar weeks (but not
17 necessarily simultaneously and irrespective of whether the
18 same individuals are or were employed in each such week),
19 whether or not such weeks are or were consecutive, within
20 either the current or preceding calendar year.
21 2. Such service is not performed in agricultural labor
22 if performed before January 1, 1980 or on or after the
23 effective date of this amendatory Act of the 96th General
24 Assembly, by an individual who is an alien admitted to the
25 United States to perform service in agricultural labor
26 pursuant to Sections 214(c) and 101(a)(15)(H) of the

SB1658- 38 -LRB100 06579 JLS 16620 b
1 Immigration and Nationality Act.
2 B. For the purposes of this Section, any individual who is
3a member of a crew furnished by a crew leader to perform
4service in agricultural labor for any other employing unit
5shall be treated as performing service in the employ of such
6crew leader if (1) the leader holds a valid certificate of
7registration under the Farm Labor Contractor Registration Act
8of 1963, or substantially all the members of such crew operate
9or maintain tractors, mechanized harvesting or crop dusting
10equipment, or any other mechanized equipment, which is provided
11by the crew leader; and (2) the service of such individual is
12not in employment for such other employing unit within the
13meaning of subsections A and C of Section 212, and of Section
14213.
15 C. For the purposes of this Section, any individual who is
16furnished by a crew leader to perform service in agricultural
17labor for any other employing unit, and who is not treated as
18performing service in the employ of such crew leader under
19subsection B, shall be treated as performing service in the
20employ of such other employing unit, and such employing unit
21shall be treated as having paid cash wages to such individual
22in an amount equal to the amount of cash wages paid to the
23individual by the crew leader (either on his own behalf or on
24behalf of such other employing unit) for the service in
25agricultural labor performed for such other employing unit.
26 D. For the purposes of this Section, the term "crew leader"

SB1658- 39 -LRB100 06579 JLS 16620 b
1means an individual who (1) furnishes individuals to perform
2service in agricultural labor for any other employing unit; (2)
3pays (either on his own behalf or on behalf of such other
4employing unit) the individuals so furnished by him for the
5service in agricultural labor performed by them; and (3) has
6not entered into a written agreement with such other employing
7unit under which an individual so furnished by him is
8designated as performing services in the employ of such other
9employing unit.
10(Source: P.A. 96-1208, eff. 1-1-11.)
11 (820 ILCS 405/212) (from Ch. 48, par. 322)
12 Sec. 212. The term "employment" does not include services
13performed by an individual who has been proven in any
14proceeding where such issue is involved that his or her
15compensation is not subject to federal wage withholding. This
16Section shall become operative on January 1 following any year
17in which the Bond Obligation under the Illinois Unemployment
18Insurance Trust Fund Financing Act has been reduced to zero.
19Any Credit Agreement or Revenue Bond issued or refinanced under
20the Illinois Unemployment Insurance Trust Fund Financing Act
21after the effective date of this amendatory Act of the 100th
22General Assembly shall be negotiated as if this Section is
23currently in effect.
24Service performed by an individual for an employing unit,
25whether or not such individual employs others in connection

SB1658- 40 -LRB100 06579 JLS 16620 b
1with the performance of such services, shall be deemed to be
2employment unless and until it is proven in any proceeding
3where such issue is involved that--
4 A. Such individual has been and will continue to be free
5from control or direction over the performance of such
6services, both under his contract of service and in fact; and
7 B. Such service is either outside the usual course of the
8business for which such service is performed or that such
9service is performed outside of all the places of business of
10the enterprise for which such service is performed; and
11 C. Such individual is engaged in an independently
12established trade, occupation, profession, or business.
13(Source: Laws 1951, p. 32.)
feedback