Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 250 - ILLINOIS CHILD LABOR LAW › Subpart A - DEFINITIONS › Section 250.105 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Child Labor Law [820 ILCS 205].
"Agriculture", for purposes of Sections 1, 2 and 9 of the
				  Act, means farming in all of its branches and, among other things,
				  includes:
the cultivation and tillage of the soil;
dairying;
the production, cultivation, growing and harvesting of any
				  agricultural commodity (including commodities defined as agricultural
				  commodities in section 15(g) of the U.S. Agricultural Marketing Act
				  (12
				  USC 1141 et seq.));
the raising of livestock, bees, furbearing animals, or
				  poultry; and
any practices (including any forestry or lumbering
				  operations) performed by a farmer or on a farm incident to, or in conjunction
				  with, these farming operations, including preparation for market and delivery
				  to storage, to market, or to carriers for transportation to market.
The phrase "incident to or in conjunction with" shall not
				  include construction, by a private contractor, of farm buildings on a
				  farm.
"Chaperone" means a parent or legal guardian of a child
				  performer, or a person over 18 years of age designated by the parents or legal
				  guardians of a child performer. A chaperone shall supervise one or more child
				  performers acting in their best interest, when the child performers are on set,
				  in wardrobe or make-up services, or on bathroom breaks.
"Child performer" means an unemancipated person under the age
				  of 16 who is employed in this State and who performs on live or pre-recorded
				  radio or television, or in motion pictures, or in other entertainment-related
				  performances.
"Day" means a calendar day.
"Department of Labor" or "Department" means the Illinois
				  Department of Labor, its Director, and the Director's authorized
				  representatives.
"Employed" means the relationship between a minor and an
				  employer in which a minor performs services for the benefit of an employer with
				  the actual or implicit knowledge of the employer. The presence of a minor on an
				  employer's premises performing work shall constitute prima facie evidence of
				  the minor's employment.
"Employer" means any individual, partnership, association,
				  corporation, business trust, enterprise, or any person or group of persons
				  acting directly or indirectly in the interest of an employer in relationship to
				  a minor.
"Employment Certificate" means the certificate authorizing
				  employment of a minor that is issued by an authorized agent of the Regional or
				  District Superintendent of Schools under Section 10 of the Act.
"Enterprise" means an activity defined by section 3 of the
				  Fair Labor Standards Act of 1938 (29 USC 203(r)
				  and (s)).
"Filling Station" or "Service Station" means, in the phrase
				  "in or about any filling station or service station" (see Section 17 of the
				  Act) those areas used for convenience and/or grocery stores at a filling
				  station or service station.
"Gainful Occupation", for purposes of the Act, means any
				  service, trade, business, profession, or calling a minor pursues with the
				  reasonable expectation of compensation.
"Garage", for purposes of Section 7 of the Act, means, but is
				  not limited to, establishments selling and/or repairing automobiles, trucks,
				  farm implements, and other vehicles capable of being propelled by their own
				  power, and their premises, except that office employment shall not be
				  prohibited.
"Minor" means persons who have not attained their sixteenth
				  birthday. For the purposes of the Act and this Part, persons attaining their
				  sixteenth birthday shall no longer be considered minors.
"Permitted or Allowed" means the imposition of liability on a
				  person who does not directly employ a minor in violation of the Act, but has
				  sufficient control over the employer to discover the illegal employment and
				  sever the employment relationship.
"Place of Employment", for purposes of Section
				  250.302,
				  means the physical location, as designated by the employer, where a performance
				  takes place. Remote-based performances, including but not limited to home-based
				  performances, where performances are made possible through internet-based
				  capabilities, are also considered work sites that require written consent from
				  the parent or legal guardian and employer, as reflected in the employment
				  certificate.
"Premises", as used in Sections 6 and 7 of the Act, means a
				  specified employer's buildings, grounds and appurtenances, but does not include
				  the designated space of separate and independent employers conducting business
				  under a common roof.
"Registered Nurse" means a person licensed under the Illinois
				  Nurse Practice Act [225 ILCS 65] as a Registered Professional Nurse (RN) or
				  Advanced Practice Registered Nurse (APRN), with experience in
				  pediatrics.
"School Day", for purposes of Section 250.302, means any day
				  on which the child performer receives educational instruction in order to meet
				  minimum attendance and academic requirements of Section 26-1 of the School Code
				  [105 ILCS 5].
"School Hours", for purposes of Section 250.302, means time
				  offered by the employer to provide appropriate school instruction for the child
				  performer to meet minimum attendance and academic requirements of Section 26-1
				  of the School Code [105 ILCS 5].
"Studio Teacher", for purposes of Section 250.302, means a
				  person who has obtained a Professional Educator License (PEL) with teaching
				  endorsements as provided in Article 21B of the School Code [105 ILCS 5] and 23
				  Ill. Adm. Code 25, and is hired by the employer to provide academic,
				  appropriate instruction, in accordance with the teacher's license, for each
				  child performer on days when the child would otherwise be provided traditional
				  academic instruction and may be charged with duties to protect the health,
				  safety and well-being of the child performer on set.
"Television, Motion Picture, or Related Entertainment
				  Production", as used in Section
				  8.1(b)
				  of the Act, means films, videotape or television programming of theatrical,
				  commercial or documentary presentations viewed by a member of the general
				  public in a theater or on a television screen.
"Time Record" means an accurate time record for each minor
				  employed. Time records shall include the following information for each minor:
				  name, address, date of birth, starting and ending dates of employment, starting
				  and ending times of each work day, starting and ending time of each meal break,
				  and number of hours worked daily and weekly.
"Week" means the calendar week, i.e., that seven consecutive
				  day period beginning at 12:01 a.m. on Sunday morning and ending on the
				  following Saturday night at midnight.
"Work" means all times during which an employed minor is
				  required, permitted or allowed to be on the employer's premises or at a
				  prescribed work place.