2023 Illinois Compiled Statutes › Chapter 820 - EMPLOYMENT › 820 ILCS 205/ - Child Labor Law.

(820 ILCS 205/0.5)
(Text of Section before amendment by P.A. 103-556)
Sec. 0.5. Definitions. As used in this Act:
"District Superintendent of Schools" means an individual employed by a board of education in accordance with Section 10-21.4 of the School Code and shall also include the chief executive officer of a school district in a city with over 500,000 inhabitants.
"Duly authorized agent" means an individual who has been designated by a Regional or District Superintendent of Schools as their agent for the limited purpose of issuing employment certificates to minors under the age of 16, and may include officials of any public school district, charter school, or any State-recognized, non-public school.
"Regional Superintendent of Schools" means the chief administrative officer of an educational service region pursuant to Section 3A-2 of the School Code.
(Source: P.A. 102-32, eff. 6-25-21.)
(Text of Section after amendment by P.A. 103-556)
Sec. 0.5. Definitions. As used in this Act:
"District Superintendent of Schools" means an individual employed by a board of education in accordance with Section 10-21.4 of the School Code and shall also include the chief executive officer of a school district in a city with over 500,000 inhabitants.
"Duly authorized agent" means an individual who has been designated by a Regional or District Superintendent of Schools as their agent for the limited purpose of issuing employment certificates to minors under the age of 16, and may include officials of any public school district, charter school, or any State-recognized, non-public school.
"Family" means a group of persons related by blood or marriage, including civil partnerships, or whose close relationship with each other is considered equivalent to a family relationship by the individuals.
"Online platform" means any public-facing website, web application, or digital application, including a mobile application. "Online platform" includes a social network, advertising network, mobile operating system, search engine, email service, or Internet access service.
"Regional Superintendent of Schools" means the chief administrative officer of an educational service region pursuant to Section 3A-2 of the School Code.
"Vlog" means content shared on an online platform in exchange for compensation.
"Vlogger" means an individual or family that creates video content, performed in Illinois, in exchange for compensation, and includes any proprietorship, partnership, company, or other corporate entity assuming the name or identity of a particular individual or family for the purposes of that content creation. "Vlogger" does not include any person under the age of 16 who produces his or her own vlogs.
(Source: P.A. 102-32, eff. 6-25-21; 103-556, eff. 7-1-24.)
(820 ILCS 205/1) (from Ch. 48, par. 31.1)
Sec. 1. 
		
		No minor under 16 years of age, except minors 14 or 15
years of age who are participating in federally funded work experience
career education programs under the direction of the State Board of
Education, at any time shall be employed, permitted or allowed to work
in any gainful occupation in connection with any theater, concert hall
or place of amusement, or any mercantile institution, store, office,
hotel, laundry, manufacturing establishment, mill, cannery, factory or
workshop, restaurant, lunchroom, beauty parlor, barber shop, bakery, or coal, brick
or lumber yard, or in any type of construction work
within this State; however, minors between 14 and 16 years of age
may be employed, permitted, or allowed to work outside school hours and
during school vacations but not in dangerous or hazardous factory work
or in any occupation otherwise prohibited by law or by order or
regulation made in pursuance of law.  No minor under 12 years of age,
except members of the farmer's own family who live with the
farmer at his
principal place of residence, at any time shall be employed, permitted
or allowed to work in any gainful occupation in connection with
agriculture, except that any minor of 10 years of age or more may be
permitted to work in a gainful occupation in connection with agriculture
during school vacations or outside of school hours.
(Source: P.A. 91-357, eff. 7-29-99.)
(820 ILCS 205/2) (from Ch. 48, par. 31.2)
Sec. 2. 
		
		Nothing in this Act applies to the work of a minor engaged in
agricultural pursuits except for those persons restricted from working in a
gainful occupation in connection with agriculture in Section 1 or in the sale
and distribution of magazines and newspapers at hours when the schools of the
district are not in session.  Nothing in this Act applies to the employment of
a minor outside school hours in and around a home at work usual to the home of
the employer so long as that work is not in connection with or a part of the
business, trade or profession of the employer.
Nothing in this Act applies to the work of a minor in caddying at a golf
course who is 13 or more years of age.
Nothing in Section 9 of this Act applies to a minor, 14 or 15 years of age,
during that part of the year from May 1 through September 30, in an
occupational, vocational, or educational program funded by the Job Training
Partnership Act.
(Source: P.A. 87-903.)
(820 ILCS 205/2.5)
Sec. 2.5. Officiating youth activities. Nothing in this Act
prohibits a
minor who is 12 or 13 years of age from officiating youth sports activities
for a
not-for-profit youth club, park district, or municipal parks and recreation
department if each of the following restrictions is met:
(1) The parent or guardian of the minor who is     officiating or an adult designated by the parent or guardian shall be responsible for being present at the youth sports activity while the minor is officiating.  Failure of the parent or guardian or designated adult to be present may result in the revocation of the employment certificate.
(2) The employer must obtain certification as     provided for in Section 9 of this Act.
(3) The minor may work as a sports official for a     maximum of 3 hours per day on school days and a maximum of 4 hours per day on non-school days, may not exceed 10 hours of officiating in any week, and may not work later than 9 p.m.
(4) The participants in the youth sports activity     must be at least 3 years younger than the officiating minor, or an adult must be officiating the same youth sports activity.  For the purposes of this subdivision (4), "adult" means an individual 16 years of age or older.
(Source: P.A. 92-592, eff. 6-27-02; 93-720, eff. 7-13-04.)
(820 ILCS 205/2.6)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 2.6. Minors featured in vlogs.
(a) A minor under the age of 16 is considered engaged in the work of vlogging when the following criteria are met at any time during the previous 12-month period:
(1) at least 30% of the vlogger's compensated video     content produced within a 30-day period included the likeness, name, or photograph of the minor. Content percentage is measured by the percentage of time the likeness, name, or photograph of the minor visually appears or is the subject of an oral narrative in a video segment, as compared to the total length of the segment; and
(2) the number of views received per video segment on     any online platform met the online platform's threshold for the generation of compensation or the vlogger received actual compensation for video content equal to or greater than $0.10 per view.
(b) With the exception of Section 12.6, the provisions of this Act do not apply to a minor engaged in the work of vlogging.
(c) All vloggers whose content features a minor under the age of 16 engaged in the work of vlogging shall maintain the following records and shall provide them to the minor on an ongoing basis:
(1) the name and documentary proof of the age of the     minor engaged in the work of vlogging;
(2) the number of vlogs that generated compensation     as described in subsection (a) during the reporting period;
(3) the total number of minutes of the vlogs that the     vlogger received compensation for during the reporting period;
(4) the total number of minutes each minor was     featured in vlogs during the reporting period;
(5) the total compensation generated from vlogs     featuring a minor during the reporting period; and
(6) the amount deposited into the trust account for     the benefit of the minor engaged in the working of vlogging, as required by Section 12.6.
(d) If a vlogger whose vlog content features minors under the age of 16 engaged in the work of vlogging fails to maintain the records as provided in subsection (c), the minor may commence a civil action to enforce the provisions of this Section.
(Source: P.A. 103-556, eff. 7-1-24.)
(820 ILCS 205/3) (from Ch. 48, par. 31.3)
Sec. 3. 
Except as hereinafter provided, no minor under 16 years of age
shall be employed, permitted, or
allowed to work in any gainful occupation mentioned in Section 1 of this
Act for  more than 6 consecutive days in any one week, or more than 48
hours in any one week, or more than 8 hours in any one day, or be so
employed, permitted or allowed to work
between 7 p.m. and 7 a.m. from Labor
Day until June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day. Minors under 16 years of age working under the provisions of Section 8.1 shall be permitted to work until 10 p.m.
The hours of work of minors under the age of 16 years employed outside of
school hours shall not exceed 3 a day on days when school is in session,
nor shall the combined hours of work outside and in school exceed a total
of 8 a day; except that a minor under the age of 16 may work both
Saturday and Sunday for not more than 8 hours each day if the following
conditions are met:  (1) the minor does not work outside school more than 6
consecutive days in any one week, and (2) the number of hours worked by the
minor outside school in any week does not exceed 24.
A minor 14 or more years of age who is employed
in a recreational or educational activity by a park district, not-for-profit
youth club, or
municipal parks and recreation department while school is in session may work
up to 3 hours per school day twice a week no later than 9 p.m. if the
number of hours worked by the minor outside school in any week does not exceed
24 or between 10 p.m. and 7 a.m. during that school district's summer vacation,
or if the school district operates on a 12 month basis, the period during which
school is not in session for the minor.
(Source: P.A. 102-832, eff. 1-1-23.)
(820 ILCS 205/4) (from Ch. 48, par. 31.4)
Sec. 4. 
		
		No minor under sixteen (16) years of age shall be employed, or
permitted to work in any gainful occupations mentioned in Section 1 of this
Act for more than five (5) hours continuously without an interval of at
least thirty (30) minutes for meal period, and no period of less than
thirty (30) minutes shall be deemed to interrupt a continuous period of
work.
(Source: Laws 1945, p. 754.)
(820 ILCS 205/5) (from Ch. 48, par. 31.5)
Sec. 5. 
Every employer covered by this Act shall post in a conspicuous
place where minors under 16 years of age are employed, or allowed to work, a
printed summary of this Act and a list of the occupations prohibited to
such minors, to be furnished by the Department of Labor. Such employers
shall post in a conspicuous place where minors under 16 years of age are
employed, or allowed to work a printed notice stating the hours of
commencing and stopping work, the hours when the time or times allowed
for dinner or other meals, begin and end, and the Department's toll free
telephone number established under Section 17.4. An employer with employees who do not regularly report to a physical workplace, such as employees who work remotely or travel for work, shall also provide the summary and notice by email to its employees or  conspicuous posting on the employer's website or intranet site, if such site is regularly used by the employer to communicate work-related information to employees and is  able to be regularly accessed by all employees, freely and without interference. The Department of Labor shall furnish this printed summary.
(Source: P.A. 103-201, eff. 1-1-24.)
(820 ILCS 205/6) (from Ch. 48, par. 31.6)
Sec. 6. 
		
		It shall be the duty of every employer of minors between the ages
of 14 and 16 years employed for or in connection with any gainful occupation
mentioned in Section 1 to keep a register upon the premises where the work
is being done on which register shall be recorded the name, age and place
of residence of every minor between the ages of 14 and 16 years. It shall
be unlawful for any person, firm or corporation to hire or employ or to
permit or allow to work in or for or in connection with any of the gainful
occupations mentioned in Section 1, any minor between the ages of 14 and 16
years unless there is first procured and placed on file on the premises
where the work is being done, employment certificates issued as hereinafter
provided and accessible to the authorized officers and employees of the
Department of Labor, and to the truant officers and other school officials
charged with the enforcement of the compulsory education law.
(Source: P.A. 84-551.)
(820 ILCS 205/7) (from Ch. 48, par. 31.7)
Sec. 7. No minor under 16 years of age shall be employed,
permitted or allowed to work:
1. In, about or in connection with any public     messenger or delivery service, bowling alley, pool room, billiard room, skating rink, exhibition park or place of amusement, garage, or as a bell-boy in any hotel or rooming house or about or in connection with power-driven machinery; except this subsection shall not apply to ice skating rinks owned and operated by a school or unit of local government;
2. In the oiling, cleaning or wiping of machinery or     shafting;
3. In or about any mine or quarry; provided that     office and messenger and other non-hazardous employment shall not be prohibited by this Act;
4. In stone cutting or polishing;
5. In or about any hazardous factory work;
6. In or about any plant manufacturing explosives or     articles containing explosive components, or in the use or transportation of same; provided that office and messenger and other non-hazardous employment shall not be prohibited by this Act;
7. In or about plants manufacturing iron or steel,     ore reduction works, smelters, foundries, forging shops, hot rolling mills or any other place in which the heating, melting, or heat treatment of metals is carried on; provided that office and messenger and other non-hazardous employment shall not be prohibited by this Act;
8. In the operation of machinery used in the cold     rolling of heavy metal stock, or in the operation of power-driven punching, shearing, stamping, or metal plate bending machines;
9. In or about sawmills or lath, shingle, or     cooperage-stock mills; provided that office and messenger and other non-hazardous employment shall not be prohibited by this Act;
10. In the operation of power-driven woodworking     machines, or off-bearing from circular saws;
11. In the operation of freight elevators or hoisting     machines and cranes;
12. In spray painting or in occupations involving     exposure to lead or its compounds or to dangerous or poisonous dyes or chemicals;
13. In any place or establishment in which     intoxicating alcoholic liquors are served or sold for consumption on the premises, or in which such liquors are manufactured or bottled, except as follows:
(A) bus-boy and kitchen employment, not otherwise         prohibited, when in connection with the service of meals at any private club, fraternal organization or veteran's organization shall not be prohibited by this subsection;
(B) this subsection 13 does not apply to         employment that is performed on property owned or operated by a park district, as defined in subsection (a) of Section 1-3 of the Park District Code, if the employment is not otherwise prohibited by law;
14. In oil refineries, gasoline blending plants, or     pumping stations on oil transmission lines;
15. In the operation of laundry, dry cleaning, or     dyeing machinery;
16. In occupations involving exposure to radioactive     substances;
17. In or about any filling station or service     station;
18. In construction work, including demolition and     repair;
19. In roofing operations;
20. In excavating operations;
21. In logging operations;
22. In public and private utilities and related     services;
23. In operations in or in connection with     slaughtering, meat packing, poultry processing, and fish and seafood processing;
24. In operations which involve working on an     elevated surface, with or without use of equipment, including but not limited to ladders and scaffolds;
25. In security positions or any occupations that     require the use or carrying of a firearm or other weapon; or
26. In occupations which involve the handling or     storage of human blood, human blood products, human body fluids, or human body tissues.
(Source: P.A. 95-180, eff. 1-1-08.)
(820 ILCS 205/8) (from Ch. 48, par. 31.8)
Sec. 8. Authority to issue employment certificates.
(a) Notwithstanding the provisions of this Act, the Regional or District 
Superintendent of Schools, or their duly authorized agents, are authorized
to issue an employment certificate for any minor under sixteen (16) years
of age, said certificate authorizing and permitting the appearance of such
minor in a play or musical comedy with a professional traveling theatrical
production on the stage of a duly licensed theatre wherein not more than
two performances are given in any one day and not more than eight
performances are given in any one week, or nine when a holiday occurs
during the week, or in a musical recital or concert: Provided, that such
minor is accompanied by his parent or guardian or by a person in whose care
the parent or guardian has placed the minor and whose connection with the
performance or with the operation of the theatre in which the minor is to
appear is limited to the care of such minor or of minors appearing therein:
And provided further, that such minor shall not appear on said stage or in
a musical recital or concert, attend rehearsals, or be present in
connection with such appearance or rehearsals, in the theatre where the
play or musical comedy is produced or in the place where the concert or
recital is given, for more than a total of six (6) hours in any one day, or
on more than six (6) days in any one week, or for more than a total of
twenty-four (24) hours in any one week, or after the hour of 11
postmeridian; and provided further, no such minor shall be excused from
attending school except as authorized pursuant to Section 26-1 of the
School Code. Application for such certificate shall be made by the
manager of the theatre, or by the person in the district responsible for
the musical recital or concert, and by the parent or guardian of such minor
to the Regional or District Superintendent of Schools or his authorized agent at
least fourteen (14) days in advance of such appearance. The Regional or District 
Superintendent of Schools or his agent may issue a permit if satisfied that
adequate provision has been made for the educational instruction of such
minor, for safeguarding his health and for the proper moral supervision of
such minor, and that proper rest and dressing room facilities are provided
in the theatre for such minor.
(b) Notwithstanding the provisions of this Act, the Regional
or District Superintendent of Schools, or their duly authorized agents, are authorized
to issue an employment certificate for any minor under 16 years of age,
such certificate authorizing and permitting the appearance of such minor as
a model or in a motion picture, radio or television production:  Provided,
that no such minor shall be excused from attending school except as
authorized pursuant to Section 26-1 of The School Code.  The Department of
Labor shall promulgate rules and regulations to carry out the provisions of
this subsection.  Such rules and regulations shall be designed to protect
the health and welfare of child models or actors and to insure that the
conditions under which minors are employed, used or exhibited will not
impair their health, welfare, development or proper education.
(c)  In situations where a minor from another state seeks to obtain an Illinois employment certificate, the Department shall work with a Regional or District Superintendent of Schools, or the State Superintendent of Education, or his or her duly authorized agents, to issue the certificate.
(Source: P.A. 102-32, eff. 6-25-21.)
(820 ILCS 205/8.1) (from Ch. 48, par. 31.8-1)
Sec. 8.1. 
(a) Notwithstanding the provisions of this Act, minors under 16
years of age may be employed as models, or as performers on live or
pre-recorded radio or television, or in motion pictures, or in other
entertainment-related performances, subject to reasonable conditions to be
imposed by rule of the Department of Labor.
(b) Notwithstanding the provisions of this Act, an employer who employs a
minor under 16 years of age in a television, motion picture, or related
entertainment production may allow the minor to work until 10 p.m. without seeking a waiver from the Department of Labor. An employer may apply to the Director of Labor, or his or her
authorized representative, for a waiver permitting a minor to work outside of the hours allowed by this Act.
(1) A waiver request for a minor to work between 10     p.m. and 12:30 a.m. or between 5 a.m. and 7 a.m. shall be granted if the Director, or his or her authorized representative, is satisfied that all of the following conditions are met:
(A) the employment will not be detrimental to the         health or welfare of the minor;
(B) the minor will be supervised adequately;
(C) the education of the minor will not be         neglected; and
(D) the total number of hours to be worked that         day and week is not over the limits established in this Act or any rules adopted under this Act.
(2) A waiver request for a minor to work between     12:30 a.m. and 5 a.m. may be granted if the Director, or his or her authorized representative, is satisfied that all of the following conditions are met:
(A) the employment will not be detrimental to the         health or welfare of the minor;
(B) the minor will be supervised adequately;
(C) the education of the minor will not be         neglected;
(D) performance by the minor during that time is         critical to the success of the production, as demonstrated by true and accurate statements by the employer that filming cannot be completed at any other time of day;
(E)  the filming primarily requires exterior         footage of sunset, nighttime, or dawn;
(F) the filming is scheduled on the most optimal         day of the week for the minor's schooling;
(G) the employer provides a schedule to the         Department of schooling and rest periods on the day before, the day of, and the day after the overnight hours to be worked;
(H) the age of the minor is taken into account as         provided by this Act or any rules adopted under this Act;
(I)  the total number of hours to be worked that         day and week is not over the limits established in this Act or any rules adopted under this Act; and
(J) the waiver request was received by the         Department at least 72 hours prior to the overnight hours to be worked.
(c)
An employer applying for the waiver shall submit to the Director of Labor, or
his or her authorized representative, a completed application on the form that
the Director of Labor provides. The waiver shall contain
signatures that show the consent of a parent or legal guardian of the minor,
the employer, and an authorized representative of a collective bargaining unit
if a collective bargaining unit represents the minor upon employment. The
Department of Labor shall promulgate and publish all necessary rules for the
enforcement of this Section, in accordance with the Illinois Administrative
Procedure Act, within 60 days after the effective date of this amendatory Act
of 1994.
(Source: P.A. 102-832, eff. 1-1-23.)
(820 ILCS 205/9) (from Ch. 48, par. 31.9)
(Text of Section before amendment by P.A. 103-556)
Sec. 9. 
		
		Except in occupations specifically exempted by Section 2 and
agriculture, no minor under 16 years of age shall be employed, permitted or
allowed to work in any gainful occupation unless the person, firm or
corporation employing such minor procures and keeps on file an employment
certificate.
(Source: P.A. 84-551.)
(Text of Section after amendment by P.A. 103-556)
Sec. 9. 
Except in occupations specifically exempted by Sections 2 and 2.6, and
occupations in connection with agriculture, no minor under 16 years of age shall be employed, permitted or
allowed to work in any gainful occupation unless the person, firm, or
corporation employing such minor procures and keeps on file an employment
certificate.
(Source: P.A. 103-556, eff. 7-1-24.)
(820 ILCS 205/10) (from Ch. 48, par. 31.10)
Sec. 10. 
Employment certificates shall permit employment during the school
vacation or outside of school hours. The employment certificate shall be
signed by the Regional or District Superintendent of Schools or their duly
authorized agents and shall be in such a form as to show on its face the
information and evidence required by Section 11 to be filed before the
certificate is issued. An original certificate and 3 copies of the
certificate shall be issued and
the person issuing it shall:
(i) mail the original to the minor's employer,
(ii) send copies to the State Department of Labor and     to the minor's parent or legal guardian, and
(iii) retain a copy in his files.
(Source: P.A. 102-32, eff. 6-25-21.)
(820 ILCS 205/11) (from Ch. 48, par. 31.11)
Sec. 11. Employment certificate issuance; duration; revocation.
(a) The employment certificate shall be issued by the Regional or District 
Superintendent of Schools or by their duly authorized agents and shall be
valid for a period of one year. The person
issuing these certificates shall have authority to administer the oaths
provided for herein, but no fee shall be charged. It shall be the duty of
the school board or local school authority, to designate a place or places
where certificates shall be issued and recorded, and physical examinations
made without fee, as hereinafter provided, and to establish and maintain
the necessary records and clerical services for carrying out the provisions
of this Act.
The issuing officer shall notify the principal of the school attended by
the minor for whom an employment certificate for out of school work is
issued by him.
The parent or legal guardian of a minor, or the principal of the school
attended by the minor for whom an employment
certificate has been issued may ask for the revocation of the certificate
by petition to the Department of Labor in writing, stating the reasons he
believes that the employment is interfering with the best physical,
intellectual or moral development of the minor. The Department of Labor
shall thereupon revoke the employment certificate by notice in writing to
the employer of the minor.
(b)  In situations where a minor from another state seeks to obtain an Illinois employment certificate, the Department shall work with a Regional or District Superintendent of Schools, or the State Superintendent of Education, or his or her duly authorized agents, to issue the certificate.
(Source: P.A. 102-32, eff. 6-25-21.)
(820 ILCS 205/12) (from Ch. 48, par. 31.12)
Sec. 12. 
The person authorized to issue employment certificates shall
issue a certificate only after examining and approving the
written application and other papers required under this Section.  The
application shall be signed by the applicant's parent or legal guardian.  The
application shall be submitted in person by the minor desiring employment, unless the issuing officer determines that the minor may utilize a remote application process.  The
minor shall be accompanied by his or
her parent, guardian, or custodian, whether applying in person or remotely. The following papers shall be submitted
with the application:
1. A statement of intention to employ signed by the prospective
employer, or by someone duly authorized by him, setting forth the
specific nature of the occupation in which he intends to employ such
minor and the exact hours of the day and number of hours per day and
days per week during which the minor shall be employed.
2. Evidence of age showing that the minor is of the age required by
this Act, which evidence shall be documentary, and shall be required in
the order designated, as follows:
a. a birth certificate or transcript thereof     furnished by the State or County or a signed statement of the recorded date and place of birth issued by a registrar of vital records, or other officer charged with the duty of recording births, such registration having been completed within 10 years after the date of birth;
b. a certificate of baptism, or transcript thereof,     duly certified, showing the date of birth and place of baptism of the child;
c. other documentary proof of age (other than a     school record or an affidavit of age) such as a bona fide record of the date and place of the child's birth, kept in the Bible in which the records of births, marriages and deaths in the family of the child are preserved; a certificate of confirmation or other church ceremony at least one year old, showing the age of the child and the date and place of the confirmation or ceremony; or a certificate of arrival in the United States, issued by the United States Immigration Officer, showing the age of the child; or a life insurance policy at least one year old showing the age of the child;
d. If none of the proofs of age described in items a,     b and c are obtainable, and only in that case, the issuing officer may accept a certificate signed by a physician, who shall be a public health officer or a public school physician, stating that he has examined the child and that in his opinion the child is at least of the age required by this Act.  The certificate shall show the height and weight of the child, the condition of the child's teeth, and any other facts concerning the child's physical development revealed by the examination and upon which his opinion as to the child's age is based, and shall be accompanied by a school record of age.
3. A statement on a form approved by the Department of Labor and signed
by the principal of the school that the minor attends, or during school
holidays when the principal is not available, then by the Regional or District Superintendent of Schools or by a person designated by him for that
purpose, showing the minor's name, address, social security number, grade
last completed, and the
names of his parents, provided that the statement shall be required only in
the case of a minor who is employed on school days outside school hours, or
on Saturdays or other school holidays during the school term.
4. A statement of physical fitness signed by a public health or
public school physician who has examined the minor, certifying that the
minor is physically fit to be employed in all legal occupations or to be
employed in legal occupations under limitations specified. If the
statement of physical fitness is limited, the employment certificate
issued thereon shall state clearly the limitations upon its use, and
shall be valid only when used under the limitations so stated.
In any case where the physician deems it advisable he
may issue a certificate of physical fitness for a specified period of time,
at the expiration of which the person for whom it was issued shall appear
and be re-examined before being permitted to continue work.
Examinations shall be made in accordance with the standards and
procedures prescribed by the State Director of the Department of Labor, in
consultation with the State Director of the Department of Public Health and
the State Superintendent of Education, and shall be recorded on a form
furnished by the Department of Labor.  When made by public health or public
school physicians, the examination shall be made without charge to the
minor.  In case a public health or public school physician is not
available, a statement from a private physician who has examined the minor
may be accepted, provided that the examination is made in accordance with
the standards and procedures established by the Department of Labor.
If the issuing officer refuses to issue a certificate to a minor, the
issuing officer shall send to the principal of the school last attended by
the minor the name and address of the minor and the reason for the refusal
to issue the certificate.
(Source: P.A. 102-32, eff. 6-25-21.)
(820 ILCS 205/12.5)
Sec. 12.5. Child performers; trust fund.
(a) In this Section:
"Artistic or creative services" includes, but is not limited to, services as: an actor, actress, dancer, musician, comedian, singer, stunt person, voice-over artist, runway or print model, other performer or entertainer,  songwriter, musical producer, arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer.
"Child performer" means an unemancipated person under the age of 16 who is employed in this State and who agrees to render artistic or creative services.
(b) In addition to the requirements of Section 12, the person authorized to issue employment certificates must determine that a trust account, established by the child performer's parent or guardian,  that meets the requirements of subsection (c) has been established designating the minor as the beneficiary of the trust account before an employment certificate for work as a child performer may be issued for a minor under the age of 16 years. The person authorized to issue employment certificates shall issue a temporary employment certificate having a duration of not more than 15 days without the establishment of a trust fund to permit a minor to provide artistic or creative services. No more than one temporary employment certificate may be issued for each child performer. The Department of Labor shall prescribe the form in which temporary employment certificates shall be issued and shall make the forms available on its website.
(c) A trust account subject to this Section must provide, at a minimum, the following:
(1) that at least 15% of the gross earnings of the     child performer shall be deposited into the account;
(2) that the funds in the account shall be available     only to the child performer;
(3) that the account shall be held by a bank,     corporate fiduciary, or trust company, as those terms are defined in the Corporate Fiduciary Act;
(4) that the funds in the account shall become     available to the child performer upon the child performer attaining the age of 18 years or until the child performer is declared emancipated; and
(5) that the account meets the requirements of the     Illinois Uniform Transfers to Minors Act.
(d) The parent or guardian of the child performer shall provide the employer with the information necessary to transfer moneys into the trust account. Once the child performer's employer deposits the money into the trust account, the child performer's employer shall have no further obligation or duty to monitor or account for the money. The trustee or trustees of the trust shall be the only individual, individuals, entity, or entities with the obligation or duty to monitor and account for money once it has been deposited by the child performer's employer.
(e) If the parent or guardian of the child performer fails to provide the employer with the information necessary to transfer funds into the trust account within 30 days after an employment certificate has been issued, the funds that were to be transferred to the trust account shall be transferred to the Office of the State Treasurer in accordance with Section 15-608 of the Revised Uniform Unclaimed Property Act.
(f) This Section does not apply to an employer of a child performer employed to perform services as an extra, services as a background performer, or services in a similar capacity.
(g) The Department of Labor may adopt rules to implement this Section.
(Source: P.A. 101-526, eff. 1-1-20.)
(820 ILCS 205/12.6)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 12.6. Minor engaged in the work of vlogging; trust fund.
(a)   A minor satisfying the criteria described in subsection (a) of Section 2.6 must be compensated by  the vlogger. The vlogger must set aside gross earnings on the video content including the likeness, name, or photograph of the minor in a trust account to be preserved for the benefit of the minor upon reaching the age of majority, according to the following distribution:
(1) where only one minor meets the content threshold     described in Section 2.6, the percentage of total gross earnings on any video segment including the likeness, name, or photograph of the minor that is equal to or greater than half of the content percentage that includes the minor as described in Section 2.6; or
(2) where more than one minor meets the content     threshold described in Section 2.6 and a video segment includes more than one of those minors, the percentage described in paragraph (1) for all minors in any segment must be equally divided between the minors, regardless of differences in percentage of content provided by the individual minors.
(b) A trust account required under this Section must provide, at a minimum, the following:
(1) that the funds in the account shall be available     only to the minor engaged in the work of vlogging;
(2) that the account shall be held by a bank,     corporate fiduciary, or trust company, as those terms are defined in the Corporate Fiduciary Act;
(3) that the funds in the account shall become     available to the minor engaged in the work of vlogging upon the minor attaining the age of 18 years or until the minor is declared emancipated; and
(4) that the account meets the requirements of the     Illinois Uniform Transfers to Minors Act.
(c) If a vlogger knowingly or recklessly violates this Section, a minor satisfying the criteria described in subsection (a) of Section 2.6 may commence an action to enforce the provisions of this Section regarding the trust account. The court may award, to a minor who prevails in any action brought in accordance with  this Section, the following damages:
(1) actual damages;
(2) punitive damages; and
(3) the costs of the action, including attorney's     fees and litigation costs.
(d) This Section does not affect a right or remedy available under any other law of the State.
(e) Nothing in this Section shall be interpreted to have any effect on a party that is neither the vlogger nor the minor engaged in the work of vlogging.
(Source: P.A. 103-556, eff. 7-1-24.)
(820 ILCS 205/13) (from Ch. 48, par. 31.13)
Sec. 13. 
		
		
		Every employer, during the period of employment of a minor under 16
years of age, shall keep on file at the place of employment an employment
certificate issued for such minor. Any employer, upon termination of the
employment of such minor, shall immediately return the certificate issued
to the issuing officer. An employment certificate shall be valid only for
the employer for whom issued, and a new certificate shall not be issued for
the employment of a minor under 16 years of age except on the presentation
of a new statement of intention to employ. The failure of any employer to
produce for inspection such employment certificate for each minor in his
establishment shall be prima facie evidence that the minor is employed
without a certificate.
(Source: P.A. 78-607.)
(820 ILCS 205/14) (from Ch. 48, par. 31.14)
Sec. 14. 
		
		Upon request, the issuing officer shall issue a certificate of age
to any person between sixteen (16) and twenty (20) years of age upon
presentation of the same proof of age as is required for the issuance of
employment certificates under this Act.
(Source: Laws 1945, p. 754.)
(820 ILCS 205/15) (from Ch. 48, par. 31.15)
Sec. 15. 
		
		Any certificate duly issued in accordance with this Act shall be
prima facie evidence of the age of the minor for whom issued in any
proceeding involving the employment of the minor under the Child Labor Law
of the State, as to any act occurring subsequent to its issuance, or until
revoked.
(Source: Laws 1945, p. 754.)
(820 ILCS 205/16) (from Ch. 48, par. 31.16)
Sec. 16. 
		
		The Department of Labor shall make, promulgate and enforce such
reasonable rules and regulations relating to the administration and
enforcement of the provisions of this Act, including the issuance of
certificates authorized under this Act, as may be deemed expedient.  The
Department shall promulgate and publish all necessary rules for the
enforcement of this Act, in accordance with the Illinois Administrative
Procedure Act, within 60 days after the effective date of this amendatory Act of 1991.
In
order to promote uniformity and efficiency of issuance, it shall in
consultation with the State Superintendent of Education formulate the forms
on which certificates shall be issued and also forms needed in connection
with such issuance, and it shall supply such forms to the issuing officers.
The Department of Labor, its deputies and inspectors, may suspend any
certificate as an emergency action imperatively required for the public
health, safety and welfare of minors if in their judgment it was improperly
issued or if the minor is illegally employed. If the certificate is so
suspended the employer and all interested parties shall be notified of such
suspension in writing and such minor shall not thereafter be employed,
permitted, or allowed to work until a final order is issued by the Department
of Labor after a hearing either reinstating or revoking the certificate.
The hearing shall commence within 21 days after the date of any such
suspension. If the certificate is revoked the minor shall not thereafter
be employed, permitted or allowed to work until a new certificate
for the minor's employment has been obtained.
(Source: P.A. 87-139.)
(820 ILCS 205/17) (from Ch. 48, par. 31.17)
Sec. 17. 
It shall be the duty of the Department of Labor to enforce
the provisions of this Act.  The Department of Labor shall have the power
to conduct investigations in connection with the administration and enforcement
of this Act and the authorized
officers and employees of the Department of Labor are hereby
authorized and empowered, to visit and inspect, at all reasonable times
and as often as possible, all places covered by this Act. Truant
officers and other school officials authorized by the board of education
or school directors shall report violations under this Act to the
Department of Labor, and may enter any place in which children are, or
are believed to be employed and inspect the work certificates on file.
Such truant officers or other school officials also are authorized to
file complaints against any employer found violating the provisions of
this Act in case no complaints for such violations are pending; and when
such complaints are filed by truant officers or other school officials
the State's attorneys of this state shall appear for the people, and
attend to the prosecution of such complaints.  The Department of Labor shall
conduct hearings in accordance with "The Illinois Administrative Procedure
Act", approved September 22, 1975, as amended, upon written complaint by
an investigator of the Department of Labor, truant officer or other school
official, or any interested person of a violation of the Act or to revoke
any certificate under this Act.  After such hearing, if supported by the
evidence, the Department of Labor may issue and cause to be served on any
party an order to cease and desist from violation of the Act, take such
further affirmative or other action as deemed reasonable to eliminate the
effect of the violation, and may revoke any certificate issued under the
Act and determine the amount of any civil penalty allowed by the Act. The Department may serve such orders by certified mail or by sending a copy by email to an email address previously designated by the party for purposes of receiving notice under this Act. An email address provided by the party in the course of the administrative proceeding shall not be used in any subsequent proceedings, unless the party designates that email address for the subsequent proceeding.  The
Director of Labor or his authorized representative may compel by subpoena,
the attendance and testimony of witnesses and the production of books,
payrolls, records, papers and other evidence in any investigation or
hearing and may administer oaths to witnesses.
(Source: P.A. 103-201, eff. 1-1-24.)
(820 ILCS 205/17.1) (from Ch. 48, par. 31.17-1)
Sec. 17.1. 
		
		Any party to a proceeding under the Act may apply for and obtain
judicial review of an order of the Department of Labor entered under this Act
in accordance with the provisions of the Administrative Review Law, as amended,
and the Department in proceedings under this Section may obtain an order of
court for the enforcement of its order.
(Source: P.A. 82-783.)
(820 ILCS 205/17.2) (from Ch. 48, par. 31.17-2)
Sec. 17.2. 
		
		Whenever it appears that any employer has violated a valid
order of the Department of Labor issued under this Act the Director of Labor
may commence an action and obtain from the court an order upon the employer
commanding him to obey the order of the Department or be adjudged guilty
of contempt of court and punished accordingly.
(Source: P.A. 80-1482.)
(820 ILCS 205/17.3) (from Ch. 48, par. 31.17-3)
Sec. 17.3. 
Any employer who violates any of the provisions of this
Act or any rule or regulation issued under the Act shall be subject to a
civil penalty of not to exceed $5,000 for each such violation.  In
determining the amount of such penalty, the appropriateness of such
penalty to the size of the business of the employer charged and the
gravity of the violation shall be considered.  The amount of such
penalty, when finally determined, may be
(1) recovered in a civil action brought by the     Director of Labor in any circuit court, in which litigation the Director of Labor shall be represented by the Attorney General;
(2) ordered by the court, in an action brought for     violation under Section 19, to be paid to the Director of Labor.
Any administrative determination by the Department of Labor of the
amount of each penalty shall be final unless reviewed as provided in
Section 17.1 of this Act.
Civil penalties recovered under this Section shall be paid by certified check, money order, or  by an electronic payment system designated by the Department, and deposited into the
Child Labor and Day and Temporary Labor Services Enforcement Fund, a special fund
which
is hereby
created in the
State treasury.  Moneys in the Fund may be used,
subject to
appropriation, for exemplary programs, demonstration projects, and other
activities or purposes related to the enforcement of this Act or for the
activities or purposes related to the enforcement of the Day and Temporary
Labor Services Act, or for the activities or purposes related to the enforcement of the Private Employment Agency Act.
(Source: P.A. 103-201, eff. 1-1-24.)
(820 ILCS 205/17.4) (from Ch. 48, par. 31.17-4)
Sec. 17.4. 
		
		The Department of Labor shall establish a toll free
telephone number to facilitate:  (a) information requests concerning the
issuance of certificates under this Act, and (b) the reporting of
violations of this Act.
(Source: P.A. 87-139.)
(820 ILCS 205/17.5) (from Ch. 48, par. 31.17-5)
Sec. 17.5. 
		
		The Department of Labor shall conduct ongoing outreach and
education efforts concerning this Act targeted toward school districts,
employers, and other appropriate community organizations.  The Department
shall, to the extent possible, coordinate these outreach and education
activities with other appropriate State and federal agencies.
(Source: P.A. 87-139.)
(820 ILCS 205/17.6)
Sec. 17.6. Reports of work related death, injury, or illness. If an
employer is required to file a report with the Illinois Workers' Compensation Commission under
Section 6 of the Workers' Compensation Act or Section 6 of the Workers'
Occupational Diseases Act, and the report relates to the work related death,
injury,
or illness of a minor, the employer shall file a copy of the report with
the Department of Labor.  The Department may, by rule, require other
employers to submit reports of work related deaths, injuries and illnesses
of minors to the Department.
(Source: P.A. 93-721, eff. 1-1-05.)
(820 ILCS 205/18.2)
Sec. 18.2. 
		Annual report. 
		The Department shall file with the General
Assembly, no later than January 1 each year, a report of its activities
regarding administration and enforcement of this Act for the preceding
fiscal year.
(Source: P.A. 88-365.)
(820 ILCS 205/19) (from Ch. 48, par. 31.19)
Sec. 19. 
		
		Whoever wilfully employs or permits or allows any minor to be
employed or to work in violation of this Act, or of any rule, regulation,
order or ruling issued under the provisions of this Act, or whoever
obstructs the Department of Labor, its inspectors or deputies, or any other
person authorized to inspect places of employment under this Act, or
whoever wilfully fails to comply with the provisions of Sections 5 and 6 of
this Act, and whoever having under his, her or its control or custody any
minor, wilfully permits or allows a minor to be employed
or to work in violation of this Act, shall be guilty of a Class A
misdemeanor. Each day during which any such violation of this Act continues
shall constitute a separate and distinct offense, and such employment of
any minor in violation of the Act shall, with respect to each minor so
employed, constitute a separate and distinct offense.  Whenever in the opinion
of the Department of Labor such a violation of the Act has occurred
it shall report said violation to the Attorney General of this State who
shall prosecute all such violations reported.
(Source: P.A. 84-551.)
(820 ILCS 205/21) (from Ch. 48, par. 31.21)
Sec. 21. 
		
		If any part of this Act is decided to be unconstitutional and
void, such decision shall not affect the validity of the remaining parts of
this Act unless the part held void is indispensable to the operation of the
remaining parts.
(Source: Laws 1945, p. 754.)
(820 ILCS 205/22) (from Ch. 48, par. 31.22)
Sec. 22. 
		
		
		This Act may be known and cited as the "Child Labor Law".
(Source: Laws 1945, p. 754.)