Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart A - GENERAL PROVISIONS › Section 210.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means Minimum Wage Law [820 ILCS 105 ].
"Agriculture" 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 or
				  horticultural commodities (including commodities defined as agricultural
				  commodities in Section 15(g) of the Agricultural Marketing Act, as amended
				  (12
				  U.S.C. 1141 et seq.)), the raising of
				  livestock, bees, fur-bearing animals, or poultry, and any practices (including
				  forestry or lumbering operations) performed by a farmer or on a farm as an
				  incident to or in conjunction with such farming operations, including
				  preparation for market, delivery to storage or to market or to carriers for
				  transportation to market, but not the operation of processing such commodities
				  and any activities subsequent to such operation. Agriculture shall not include
				  the cultivation, growing, harvesting, or preparation for the storage or
				  marketing of Christmas trees, as defined in the regulations promulgated under
				  the Fair Labor Standards Act of 1938, at
				  29
				  C.F.R. 780.200-
				  780.209
				  (1994, no subsequent dates or editions), as amended at 36 FR 12084. The phrase
				  "incident to or in conjunction with" shall not include construction by a
				  private contractor of farm buildings on a farm.
"Aquaculture" means the controlled propagation, growth and
				  harvest of aquatic organisms, including but not limited to fish, shellfish,
				  mollusks, crustaceans, algae, and other aquatic plants, as defined in the
				  Aquaculture Development Act [20 ILCS 215 ].
"Compliance Officer" means an authorized representative of
				  the Director who is charged with the duty to:
investigate and gather data regarding the wages, hours and
				  other conditions and practices of employment in any industry subject to this
				  Act; and
investigate such facts, conditions, practices or matters as
				  the officer may deem necessary or appropriate to determine whether any person
				  has violated any provision of this Act, or which may aid in the enforcement of
				  this Act.
"Department" means the Illinois Department of Labor.
"Director" means the Director of the Department or a duly
				  authorized representative.
"Domestic worker" has the definition ascribed to it in the
				  Domestic Workers' Bill of Rights Act [820 ILCS 182 ].
"Employee" means any individual permitted or suffered to work
				  by an employer.
The Director will consider the following factors as
				  significant when determining whether an individual is an employee or an
				  independent contractor:
the degree of control the alleged employer exercised over the
				  individual;
the extent to which the services rendered by the individual
				  are an integral part of the alleged employer's business;
the extent of the relative investments of the individual and
				  alleged employer;
the degree to which the individual's opportunity for profit
				  and loss is determined by the alleged employer;
the permanency of the relationship;
the skill required in the claimed independent
				  operation.
The common law standards relating to master and servant, the
				  parties' designations and terminology, and the individual's status for tax
				  purposes, are not dispositive. Rather, it is the total activity or situation
				  that is controlling. In the case of an individual employed by a public agency,
				  such term means any individual employed by the State of Illinois or any of its
				  political subdivisions except for an individual who is a bona fide elective or
				  appointed official.
"Governmental body" means the State and its agencies,
				  municipalities and units of local government, and school districts.
"Hours worked" means all the time an employee is required to
				  be on duty, or on the employer's premises, or at other prescribed places of
				  work, and any additional time the employee is required or permitted to work for
				  the employer. In the context of domestic work, "hours worked" includes all time
				  during which a domestic worker is not completely relieved of all work-related
				  duties, regardless of the location where the domestic work is performed.
An employee's meal periods and time spent on-call away from
				  the employer's premise are compensable hours worked when such time is spent
				  predominantly for the benefit of the employer, rather than for the
				  employee.
An employee's travel, performed for the employer's benefit
				  (for example, in response to an emergency call back to work outside the
				  employee's normal work hours, or at the employer's special request to perform a
				  particular and unusual assignment, or as a part of the employee's primary duty,
				  or in substitution of the employee's ordinary duties during normal hours) is
				  compensable work time as defined in
				  29 CFR
				  785.33-
				  785.41
				  (1994, no subsequent dates or editions), as amended at 26 FR 190.
"Immediate family", as used in Section 3(d)(1) of the Act,
				  means a person related to a subject employer either by blood, marriage or
				  adoption and living as part of the same household. An employer who employs
				  fewer than four employees exclusive of the employer's parent, spouse or child
				  or other immediate family member is not subject to the provisions of the Act or
				  this Part unless the employee is a domestic worker as defined in
				  820 ILCS 182/10. The
				  definition of "immediate family" contained in
				  820 ILCS 182/10 shall
				  apply to such domestic workers.
"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", as used in Section 4a(2)(E) of the Act, means any employee
				  employed as an announcer, news editor, or chief engineer by a radio or
				  television station the major studio of which is located:
in a city or town of one hundred thousand population or less,
				  according to the latest available decennial census figures as compiled by the
				  Bureau of the Census, except where such city or town is part of a standard
				  metropolitan statistical area, as defined and designated by the Bureau of the
				  Budget, which has a total population in excess of 100,000; or
in a city or town of 25,000 population or less, which is part
				  of such an area but is at least 40 airline miles from the principal city in
				  such area, as defined in the Fair Labor Standards Act of 1938 (29 U.S.C.
				  213(b)(9)) and the
				  regulations promulgated thereunder at 29 C.F.R. Part 793 (1995, no subsequent
				  dates or editions), as amended at 26 FR 10275.
"Individuals whose capacity is impaired by age or physical or
				  mental deficiency", as used in Section 5 of the Act and in Subpart E of this
				  Part, means individuals whose earning or productive capacity are impaired by a
				  physical or mental disability, including those relating to age or injury, for
				  the work to be performed. Disabilities which may affect earning or productive
				  capacity include blindness, mental illness, intellectual or developmental
				  disability, cerebral palsy, alcoholism, and drug addiction. The following,
				  taken by themselves, are not considered disabilities for the purposes of
				  Section 5 of the Act and Subpart E of this Part: vocational, social, cultural,
				  educational disabilities; chronic unemployment; receipt of welfare benefits;
				  nonattendance at school; juvenile delinquency; and correctional parole or
				  probation. Further, a disability which may affect earning or productive
				  capacity for one type of work may not affect such capacity for another.
"Learners", as used in Section 6 of the Act and Subpart F of
				  this Part, means individuals who are participating in a training program for an
				  occupation in which they are employed. Such a training program must involve
				  either formal instruction or on-the-job training during a period when the
				  learners are entrusted with limited responsibility and are under supervision or
				  guidance.
"Man-day" means any day during which an employee performs any
				  agricultural labor for not less than one hour.
"A member of a religious corporation or organization" means
				  an individual whose functions are spiritual or religious, such as a priest,
				  rabbi, minister, nun, reverend or other such individuals who perform similar
				  functions as their primary duties.
"Student learner", as used in Section 6 of the Act and
				  Subpart F of this Part, means a student who receives course credit for
				  participating in school-approved work-study programs.
"Tipped employee" means an employee engaged in an occupation
				  in which gratuities are customarily recognized as part of the remuneration of
				  such employee as referred to in Section 4(c) of the Act; an employee cannot be
				  deemed a tipped employee unless the employee received $20 or more per month in
				  gratuities.
"Volunteer" means a person who works for an employer under no
				  contract of hire, expressed or implied, and with no promise of compensation,
				  other than reimbursement for expenses as part of the conditions for work. A
				  volunteer is not an employee for the purposes of this Act.
"Wages" means compensation due to an employee by reason of
				  the employment including allowances determined by the Director in accordance
				  with the provisions of this Act. These allowances shall include gratuities and,
				  when customarily furnished by a group of employers to their employees, meals,
				  lodging and other facilities. When the reasonable cost of these allowances is
				  not recorded by the employer, the Director will determine the fair value of
				  such meals, lodging or other facilities for defined classes of employees based
				  on the average cost to the employer or groups of employers, or other
				  appropriate measures of fair value. Such evaluations, when applicable and
				  pertinent, shall be used in lieu of the actual measure of cost in determining
				  the wage paid to any employee. In the context of domestic workers, the cost of
				  lodging and meal credits are governed by the standards in Section
				  210.125(d).