Bill Text: IL SB2003 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Minimum Wage Law. Provides that the definition of "employee" includes specified workers employed in agriculture. In provisions requiring the payment of overtime, removes the exclusion of employers of agricultural labor with respect to agricultural employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-09 - Referred to Assignments [SB2003 Detail]

Download: Illinois-2023-SB2003-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2003 Introduced 2/9/2023, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
820 ILCS 105/3 from Ch. 48, par. 1003
820 ILCS 105/4a from Ch. 48, par. 1004a
Amends the Minimum Wage Law. Provides that the definition of "employee" includes specified workers employed in agriculture. In provisions requiring the payment of overtime, removes the exclusion of employers of agricultural labor with respect to agricultural employment.
LRB103 26341 SPS 52702 b
A BILL FOR
SB2003 LRB103 26341 SPS 52702 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Minimum Wage Law is amended by changing
Sections 3 and 4a as follows:
(820 ILCS 105/3) (from Ch. 48, par. 1003)
Sec. 3. As used in this Act:
(a) "Director" means the Director of the Department of
Labor, and "Department" means the Department of Labor.
(b) "Wages" means compensation due to an employee by
reason 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

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year.
(d) "Employee" includes any individual permitted to work
by an employer in an occupation, and includes the following:
(i) , 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; and (ii) any individual
employed in agriculture, except as provided in paragraph (2).
"Employee" , but does not include any individual permitted to
work:
(1) For an employer employing fewer than 4 employees
exclusive of the employer's parent, spouse or child or
other members of his immediate family.
(2) As an employee employed in agriculture or
aquaculture (A) if such employee is employed by an
employer who did not, during any calendar quarter during
the preceding calendar year, use more than 500 man-days of
agricultural or aquacultural labor, (B) if such employee
is the parent, spouse or child, or other member of the
employer's immediate family, (B) (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

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calendar year, (C) (D) if such employee (other than an
employee described in clause (B) (C) of this
subparagraph): (i) is 16 years of age or under and is
employed as a hand harvest laborer, is paid on a piece rate
basis in an operation which has been, and is customarily
and generally recognized as having been, paid on a piece
rate basis in the region of employment, (ii) is employed
on the same farm as his parent or person standing in the
place of his parent, and (iii) is paid at the same piece
rate as employees over 16 are paid on the same farm.
(3) (Blank).
(4) As an outside salesman.
(5) As a member of a religious corporation or
organization.
(6) At an accredited Illinois college or university
employed by the college or university at which he is a
student who is covered under the provisions of the Fair
Labor Standards Act of 1938, as heretofore or hereafter
amended.
(7) For a motor carrier and with respect to whom the
U.S. Secretary of Transportation has the power to
establish qualifications and maximum hours of service
under the provisions of Title 49 U.S.C. or the State of
Illinois under Section 18b-105 (Title 92 of the Illinois
Administrative Code, Part 395 - Hours of Service of
Drivers) of the Illinois Vehicle Code.

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

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"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.)
(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.
B. Any salesman primarily engaged in selling trailers,
boats, or aircraft, if he is employed by a
nonmanufacturing establishment primarily engaged in the
business of selling trailers, boats, or aircraft to
ultimate purchasers.
C. (Blank). Any employer of agricultural labor, with
respect to such agricultural employment.

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D. Any employee of a governmental body excluded from
the definition of "employee" under paragraph (e)(2)(C) of
Section 3 of the Federal Fair Labor Standards Act of 1938.
E. Any employee employed in a bona fide executive,
administrative or professional capacity, including any
radio or television announcer, news editor, or chief
engineer, as defined by or covered by the Federal Fair
Labor Standards Act of 1938 and the rules adopted under
that Act, as both exist on March 30, 2003, but compensated
at the amount of salary specified in subsections (a) and
(b) of Section 541.600 of Title 29 of the Code of Federal
Regulations as proposed in the Federal Register on March
31, 2003 or a greater amount of salary as may be adopted by
the United States Department of Labor. For bona fide
executive, administrative, and professional employees of
not-for-profit corporations, the Director may, by
regulation, adopt a weekly wage rate standard lower than
that provided for executive, administrative, and
professional employees covered under the Fair Labor
Standards Act of 1938, as now or hereafter amended.
F. Any commissioned employee as described in paragraph
(i) of Section 7 of the Federal Fair Labor Standards Act of
1938 and rules and regulations promulgated thereunder, as
now or hereafter amended.
G. Any employment of an employee in the stead of
another employee of the same employer pursuant to a

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worktime exchange agreement between employees.
H. Any employee of a not-for-profit educational or
residential child care institution who (a) on a daily
basis is directly involved in educating or caring for
children who (1) are orphans, foster children, abused,
neglected or abandoned children, or are otherwise homeless
children and (2) reside in residential facilities of the
institution and (b) is compensated at an annual rate of
not less than $13,000 or, if the employee resides in such
facilities and receives without cost board and lodging
from such institution, not less than $10,000.
I. Any employee employed as a crew member of any
uninspected towing vessel, as defined by Section 2101(40)
of Title 46 of the United States Code, operating in any
navigable waters in or along the boundaries of the State
of Illinois.
J. Any employee who is a member of a bargaining unit
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.
(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

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that period or periods the employee is receiving remedial
education that:
(a) is provided to employees who lack a high school
diploma or educational attainment at the eighth grade
level;
(b) is designed to provide reading and other basic
skills at an eighth grade level or below; and
(c) does not include job specific training.
(4) A governmental body is not in violation of subsection
(1) if the governmental body provides compensatory time
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.)