reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart B - EARNING PAID LEAVE › Section 200.270 - Local Paid Leave Ordinances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Act
				and this Part
shall not apply to any employer that is covered by a
				municipal or county ordinance that is in effect on
January 1, 2024
that requires employers to give any form of paid leave to their
				employees, including paid sick time or paid leave.
[820 ILCS
				192/15 ]
b) An employer that qualifies for subsection
				(a) but who employs employees who are not covered by such municipal or county
				ordinance, is required to provide paid leave to such employees in accordance
				with the Act.
EXAMPLE: Employer A is located in the city of Commerce,
				  Illinois, which has a local paid leave ordinance. Employer A also has a branch
				  location located in the city of Anytown, Illinois, which does not have a local
				  paid leave ordinance. Employer A provides paid leave in accordance with that
				  ordinance to its employees in Commerce. Employer A is required to comply with
				  the Act and this Part in relation to its employees working in Anytown.
c) Notwithstanding the provisions
				of subsection (a), any employer that is not required to provide paid leave to
				its employees, including paid sick leave, under a municipal or county ordinance
				that is in effect on January 1, 2024 shall be subject to the provisions of the
				Act and this Part if the employer would be required to provide paid leave under
				the Act to its employees. This shall include employers located in
				municipalities or counties that have opted out of an overlapping jurisdiction's
				paid leave law.
d) If a
				municipality or county enacts or amends a local law or ordinance to provide
				paid leave time, including paid sick leave, after January 1, 2024, and the
				local law or ordinances provides equal or greater paid leave benefits, rights,
				and remedies than the Act, then the employer shall comply with the local law or
				ordinance.
e) If a municipality or
				county enacts or amends a local law or ordinance to provide paid leave time,
				including paid sick leave, after January 1, 2024, and the local law or
				ordinances provides less paid leave benefits, rights, or remedies than the Act,
				then the employer shall comply with the minimum requirements of the
				Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart C - USE OF PAID LEAVE › Section 200.300 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
An employee is entitled to begin using earned paid leave time
				90
calendar
days after commencement of employment or
March 31, 2024
, whichever is later
. [820 ILCS
				192/15 ]
EXAMPLE A: The Paid Leave for All Workers Act takes effect on
				  January 1, 2024. Six months later, Employee A starts a new job on Monday, July
				  1, 2024, and works 40 hours per week. Employee A starts accruing paid leave on
				  their first day (July 1) but must wait 90 days (until September 29, 2024)
				  before using any of their accrued paid leave time. See Section 15(g) of the
				  Act.
EXAMPLE B: Employee B is hired to begin employment in an
				  office job on September 1, 2024, which is the beginning of the employer's pay
				  period. The office is closed on September 1 because it is a weekend, and it's
				  also closed on Monday, September 2 for Labor Day, so Employee B's first day
				  performing work is Tuesday, September 3. Because Employee B's employment status
				  began on September 1, that day is the beginning of the 90-day waiting period.
				  See Section 15(g) of the Act.
EXAMPLE C: Employee C has worked for an employer since 2019
				  but did not previously get paid time off. Employee C is entitled to earn paid
				  leave beginning January 1, 2024 (the effective date of the Act). Employee C's
				  employer frontloads its employees' paid leave in accordance with the Act, but
				  Employee C must wait 90 days before being entitled to use any of their paid
				  leave time. See Section 15(g) of the Act.
EXAMPLE D: Employee D works 40 hours per week between June 1
				  and August 15 (75 days) and does not work the rest of the year. Although
				  Employee D is entitled to accrue 1 hour of paid leave for every 40 hours
				  worked, they are not entitled to use that leave during that time because they
				  are not employed for 90 days or longer. If Employee D returns to work for that
				  employer within 12 months, their accrued but unused leave shall be carried over
				  or reinstated. See Section 15(k) of the Act.
b)
An employee is entitled to use
				paid leave earned under the Act and this Part for any reason of the employee's
				choosing.
[820 ILCS 192/15 ]
1)
An employer shall not require an
				employee to provide a reason for taking paid leave time.
2)
An employer shall not require an
				employee provide any type of documentation, including a certificate or form, as
				proof or support for the reason to use the paid leave time.
[820 ILCS
				192/15 ]
EXAMPLE: Employee A has accrued a sufficient number of hours
				  under the Act to take a paid leave day. Employer A has scheduled a business
				  closure for a major holiday. In the past, Employer A has allowed employees to
				  choose whether to go unpaid for that holiday, or to use paid leave time
				  available to them. Employer A may not require Employee A to use their accrued
				  paid leave hours for the holiday closure.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart C - USE OF PAID LEAVE › Section 200.310 - Paid Leave Usage Policy and Notice Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an employer chooses to impose terms and
				conditions on employees' use of paid leave time, beyond the provisions
				explicitly required by the Act, the employer must adopt a reasonable, written
				paid leave policy, made available in English and in any additional language
				commonly spoken by the employer's workforce, that, at a minimum, includes the
				protections of the Act and this Part, and is consistent with the provisions of
				the Act and this Part. A written paid leave policy, other than a qualifying
				pre-existing policy, that is inconsistent with the Act and this Part is
				invalid, and an employer with such a policy waives its right to notice of
				employees' use of paid leave time.
1) The
				paid leave policy can be a part of an existing employer manual, existing
				employer handbook, or a separate document.
2) The employer shall provide the paid leave
				policy to the employee prior to or upon the employee's commencement of
				employment or March 31, 2024, whichever is later. Employers who regularly
				communicate with employees via electronic means shall also provide the notice
				via the employer's regular electronic communication method.
3) If an employer changes the paid leave
				policy during the course of an employee's employment, then the employer shall
				notify the employee of the updated paid leave policy as soon as
				practical.
4) An employee may
				request to use paid leave
under this Act and this Part by making an
				oral or written request to the employer consistent with the employer's paid
				leave policy
. [820 ILCS 192/15 ] An employer's
				policy may require the employee to provide written notice after making an oral
				request for paid leave.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart C - USE OF PAID LEAVE › Section 200.320 - Carry Over

Current through Register Vol. 48, No. 28, July 12, 2024
a) For an employee
				who accrues paid leave time over the course of a 12-month period, any unused
				paid leave time shall carry over annually from one 12-month period to the next
				12-month period unless the employer and employee have mutually agreed that the
				unused leave will be paid out according to subsection (d). Employers may
				establish a reasonable policy consistent with Section
				200.310 restricting employees'
				ability to carry over more than 40 hours of unused paid leave. See Section
				15(i) of the Act.
b) Employees who
				receive frontloaded paid leave at the beginning of the 12-month period, in
				accordance with Section
				200.220, are not entitled to
				carry over paid leave time from one 12-month period to the next unless the
				employer allows them to carry their paid leave time over. See Section 15(c) of
				the Act.
c) An employee is not
				entitled to use more than 40 hours of paid leave in a 12-month period unless
				the employer allows them to do so. See Section 15(i) of the Act.
d) An employer and employee may mutually
				agree, in writing and on an annual basis, that unused paid leave will be paid
				out to the employee at the end of the 12-month period instead of being carried
				over into the new 12-month period.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart C - USE OF PAID LEAVE › Section 200.330 - Rate of Pay

Current through Register Vol. 48, No. 28, July 12, 2024
a) Employees shall
				be paid their hourly rate of pay when taking paid leave time.
b)
Employees who work in an
				occupation where gratuities are customarily the form of payment shall be paid
				at least the full minimum wage in the jurisdiction where the employer is
				located
or the agreed upon base hourly wage rate, whichever is higher,
for all paid leave hours.
c) Employees who work in an occupation where
				commissions are customarily the form of payment shall be paid at least the full
				minimum wage in the jurisdiction where the employer is located or the agreed
				upon base hourly wage rate, whichever is higher, for all paid leave
				hours.
d) Employees who earn
				compensation through any other method shall be paid their hourly rate of pay
				when taking paid leave.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart D - EMPLOYER RESPONSIBILITIES › Section 200.400 - Domestic Workers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Domestic
				workers shall earn or accrue paid leave under this Act from each employer for
				whom they perform work.
If the employer of a domestic worker requires
				that a domestic worker demonstrate that the domestic worker has performed, in
				aggregate for all employers, more than 8 hours of domestic work per workweek,
				in order to meet the definition of "domestic worker" in Section 10 of the
				Domestic Workers' Bill of Rights Act, then a signed statement prepared by the
				domestic worker and submitted to each employer indicating that the employee has
				worked or is scheduled to work 8 total hours in the workweek shall suffice in
				order for the domestic worker to be eligible to earn paid leave time.
[820 ILCS
				192/10 ]
b) If a domestic worker is employed jointly
				by two or more employers in a shared services arrangement, then all of the
				employers shall be considered one employer for the purposes of the Act and this
				Part (see Section 200.420).
EXAMPLE: A worker is hired jointly by two families with an
				  agreement to provide nanny services for two separate households. The worker
				  provides services for a combined 50 hours during the week: 30 hours for Family
				  A and 20 hours for Family B. For the purposes of providing paid leave time, the
				  families are in a shared services arrangement. All of the worker's time spent
				  working for both families is counted together for accrual calculation
				  purposes.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart D - EMPLOYER RESPONSIBILITIES › Section 200.410 - Joint Employment

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of the Act and this Part, questions of joint
				  employment will be evaluated according to the provisions of Section
				  210.115 of the Minimum Wage Law
				  Code (56 Ill. Adm. Code 210).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart D - EMPLOYER RESPONSIBILITIES › Section 200.420 - Transfers and Reinstatements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
An employee is entitled to retain and use all unused accrued paid leave
				earned at a division, entity, or location if the employee is transferred to a
				separate division, entity, or location of the same employer.
[820 ILCS
				192/15 ]
b)
An employee is entitled to retain
				and use all unused accrued paid leave time earned from employment if the
				employee was terminated or separated from employment and was rehired within 12
				months by the same employer. The unused earned or accrued paid leave time shall
				be reinstated to the employee on the first day of reinstatement.
[820 ILCS
				192/15 ]
c) If an employee separates and returns
				within the same 12-month period, that employee is entitled to reinstatement of
				any unused frontloaded paid time off unless it was paid out upon
				separation.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart D - EMPLOYER RESPONSIBILITIES › Section 200.430 - Continuation of Health Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				an employee takes earned or accrued paid leave under the Act, then
the
				employer shall continue to provide any health plan coverage for the employee
				and the employee's family
that the employee already had during the
				duration of the paid leave time. [820 ILCS 192/15 ]
b)
The continuation of any group
				health plan coverage shall not be at a level or at conditions less than if the
				employee had not taken or used paid leave under the Act.
[820 ILCS
				192/15 ]
c) If the employee is required to pay a
				premium for the health plan while taking or using paid leave time, then before
				the use of paid leave
the employer shall notify the employee in writing
				that the employee is still responsible for continued payment
.
				[820 ILCS
				192/15 ]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart D - EMPLOYER RESPONSIBILITIES › Section 200.440 - Recordkeeping Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Every employer shall create and maintain, for not less than 3
				years
, the following records for each employee:
1) Name and address;
2)
Hours worked each day
in
				each workweek;
3)
Paid
				leave earned or accrued
in each workweek;
4)
Paid leave taken or used
in each workweek;
5) Requests by
				the employee to use paid leave that the employer denied; and
6)
Remaining paid leave
				balance
in each workweek and upon employee's separation or termination
				from employment. [820 ILCS 192/15
				]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart D - EMPLOYER RESPONSIBILITIES › Section 200.450 - Display of Paid Leave for All Workers Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Every employer shall display a notice in the following
				  manner:
a)
Each notice shall
				be posted in a conspicuous location on the employer's premises where notices to
				employees are customarily posted.
b) The notice shall not be obscured in any
				manner and shall be prominently visible in the location where notices to
				employees are customarily posted. In addition to displaying a notice in a
				physical location at the employer's premises, employers who regularly
				communicate with employees via electronic means shall also provide the notice
				via the employer's regular electronic communication method.
c) The
notice shall be a written
				document
supplied by the Department at no cost to the employer,
summarizing the requirements of the Act including information about
				filing a complaint with the Department
. [820 ILCS
				192/20 ]
d) If the employer's workforce has a
				significant percentage of workers who are not literate in English, then the
				employer shall additionally post the notice, as supplied by the Department, in
				the languages commonly spoken in the workplace.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart D - EMPLOYER RESPONSIBILITIES › Section 200.460 - Determining Payout of Paid Leave Upon Separation from Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employee's
				existing time off allowance bank or time off account shall be kept separate
				from the accounting of the employee's earned paid leave under the Act unless
				the employer's written policy or practice is to combine such leave.
b) If an employer chooses to credit the paid
				leave provided for under the Act to an existing paid leave allowance provided
				by the employer, such policy must be communicated to the employee within 30
				days after the start of employment or of the effective date of the policy. See
				Section. 300.210.
c) If an employer chooses to credit the leave
				provided for under the Act to an existing paid leave allowance provided by the
				employer,
any unused paid leave time shall be paid to the employee upon
				an employee's termination, resignation, retirement, or other separation to the
				same extent that vacation time is paid under the Illinois Wage Payment and
				Collection Act
[820 ILCS
				115/5 ]. [820 ILCS
				192/15 ]
d) If an employer does not provide an
				additional form of paid leave allowance, nor chooses to combine or credit the
				multiple forms of leave together, then an employer shall not be required to pay
				out, provide financial benefit, or reimbursement for unused paid leave earned
				under the Act upon an employee's termination, resignation, retirement, or other
				separation from employment at any time of the year.
EXAMPLE A: Prior to January 1, 2024, Employer A, who is
				  subject to the Illinois Wage Payment and Collection Act, offers two weeks of
				  paid vacation to all employees. Beginning on January 1, 2024, Employer A allows
				  employees to accrue paid leave under the Paid Leave for All Workers Act, and
				  terms that leave "PLAW Leave." Employer A maintains records of the distinct
				  balance each employee has in the employee's vacation account and in the
				  employee's PLAW Leave account. Because Employer A maintains separate
				  documentation of the vacation leave and PLAW Leave, Employer A does not have to
				  pay out PLAW Leave upon an employee's separation. When Employee A requests to
				  use leave, Employer A should ask Employee A whether they wish to deduct the
				  leave from their vacation balance or their PLAW Leave balance in order to
				  appropriately document Employee A's remaining paid leave
				  balances.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart D - EMPLOYER RESPONSIBILITIES › Section 200.470 - Prohibition on Retaliation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
It is unlawful for any employer to threaten to take or to take any
				adverse action against an employee because the employee does one or more of the
				following:
1)
exercises a
				right or attempts to exercise a right under the Act or this
				Part;
2)
opposes
				practices which the employee believes to be in violation of the Act or this
				Part; or
3)
supports the exercise of rights of another employee of the same
				employer under the Act or this Part.
[820 ILCS
				192/25 ]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart E - ENFORCEMENT › Section 200.500 - Filing a Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
a)
An employee may file a complaint with the Department alleging a
				violation of the Act
by completing and submitting a form provided by
				the Department and submitting supporting documentation. All complaints shall be
				filed
within 3 years after the alleged violation
.
				[820 ILCS
				192/30 ]
b)
The Department has the power to
				conduct investigations
upon receipt of a complaint or at the
				discretion of the Director. Complaints shall be reviewed by the Department to
				determine whether there is cause for investigation.
c) The Department may attempt to resolve the
				complaint by conference, voluntary mediation, conciliation, or
				persuasion.
d) If, after
				investigation, the Department believes that the Act has been violated, then the
				Department shall notify the parties in writing and the matter shall be referred
				to an administrative hearing consistent with Section
				200.520.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart E - ENFORCEMENT › Section 200.510 - Service of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
Service of any document upon any person may be made by
				  personal delivery, certified mail with the return receipt signed by the person
				  or its agent, U.S. regular mail with postage prepaid, email to an email address
				  previously designated by the party for purposes of receiving communications
				  under this Act, or any other verifiable means, such as private carrier, to the
				  following:
a) an address on file with
				the Department;
b) an address on
				file with the Secretary of State;
c) an address on file with any other State
				agency with which the respondent must maintain a current address; or
d) any other address, including e-mail
				address, that the Department reasonably calculates to be a true and current
				address for the respondent.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart E - ENFORCEMENT › Section 200.520 - Administrative Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Hearings shall be conducted pursuant to the provisions of
				  Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10]
				  and the Rules of Procedure in Administrative Hearings (56 Ill. Adm. Code
				  120).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart E - ENFORCEMENT › Section 200.530 - Damages, Penalties, and Relief Due to the Employee

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Department determines that an
				employer owes payment for paid leave hours to an aggrieved employee or did not
				allow the employee to use earned paid leave hours, then the total amount due to
				the aggrieved employee shall be the following:
1) Total value of earned paid leave hours
				owed to the aggrieved employee;
2)
Compensatory damages
;
3)
A penalty of not less than $500
				and not more than $1,000
; and
4)
Any equitable relief
as
				determined by the Administrative Law Judge pursuant to a hearing conducted
				under the IAPA. [820 ILCS 192/30
				]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 200 - PAID LEAVE FOR ALL WORKERS ACT › Subpart E - ENFORCEMENT › Section 200.540 - Penalties Due to the Department of Labor

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an employer violates any provision of
				the Act except for Section 20(c) of the Act or any Section of this Part, except
				for Section 200.450, then the
employer shall be subject to a civil penalty of $2,500 per
				offense
, payable to the Paid Leave for All Workers Fund.
				[820 ILCS
				192/35 ]
b)
An employer who violates
Section 200.450 of this Part, or
Section 20(d) of the Act shall be fined a civil penalty of $500 for the
				first audit violation and $1,000 for any subsequent audit violation.
[820 ILCS
				192/20 ]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart A - GENERAL PROVISIONS › Section 210.100 - Application of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
All functions and powers of the Department of Labor and the
				  Director under the Minimum Wage Law shall be exercised in cooperation with the
				  functions and powers of the U.S. Department of Labor under the Fair Labor
				  Standards Act of 1938, as amended (
				  29
				  U.S.C. 201 et seq.). In areas where the State
				  and federal governments have concurrent powers under their respective statutes,
				  the stricter of the two laws shall prevail.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart A - GENERAL PROVISIONS › Section 210.115 - Joint Employers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Two or
				more employers may be associated with each other in relation to an individual
				employee in such a way that they jointly employ that individual under the
				Illinois Minimum Wage Law (the "Act"). If the facts establish that the worker
				is employed jointly by two or more employers, all of the employee's work for
				all of the joint employers during the workweek is considered as one employment
				for purposes of the Act. In this event, all joint employers shall be jointly
				and severally liable for any violation of the Act.
b) The following factors provide guidance on
				whether a joint employment relationship exists in a particular case:
1) The employee's work is to the benefit of
				the alleged joint employer;
2) The
				work performed by the employee is an integral part of the alleged joint
				employer's business or businesses;
3) The alleged joint employer has direct or
				indirect control or influence over the employee's terms or conditions of
				employment, including the employee's schedule and the quality of the employee's
				work;
4) The alleged joint employer
				owns or leases the premises where the work is performed or provides tools or
				materials used by employees to perform the work;
5) The alleged joint employer has direct or
				indirect control over the other joint employer's or employers' operations
				through contractual obligations, shared joint management, direct or indirect
				ownership interest, or economic dependence.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart A - GENERAL PROVISIONS › Section 210.120 - The Use of Federal Definitions of Various Terms

Current through Register Vol. 48, No. 28, July 12, 2024
For guidance in the interpretation of the Act and this Part,
				  the Director may refer to the Regulations and Interpretations of the
				  Administrator, Wage and Hour Division, U.S. Department of Labor, administering
				  the Fair Labor Standards Act of 1938, as amended (
				  29
				  U.S.C. 201 et seq.).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart A - GENERAL PROVISIONS › Section 210.125 - Domestic Workers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions.
				The following definitions shall apply for Section 125 only:
1) "Bona fide meal break" means a period in
				which a domestic worker is completely relieved from duty for the purposes of
				eating regular meals. Ordinarily 20 minutes or more is long enough for a bona
				fide meal break. A domestic worker is not completely relieved from duty if the
				domestic worker is required to perform any duties, whether active or inactive,
				while eating.
2) "Rest Period"
				means a period of time in which a domestic worker has complete freedom from all
				work-related duties and during which a domestic worker may either leave the
				location where the domestic work is performed without an obligation to be on
				call or remain at the location the domestic work is being performed for purely
				personal pursuits. Rest periods of less than 20 minutes must be counted as
				"hours worked"
3) "Shared Services"
				means services provided by a domestic worker to more than one employer that are
				intentionally coordinated by the employers. For example, in the context of
				childcare services, shared services are commonly referred to as a "nanny
				share".
4) "Sleep Period" means a
				regularly scheduled, uninterrupted sleeping time of not more than eight hours,
				during which the employer provides sleeping quarters that comply with 56 Ill.
				Adm. Code 210.125(d)(1)(B) and a domestic worker can sleep, uninterrupted by
				work-related duties. Any period of interrupted sleep to perform work-related
				duties must be compensated. If a domestic worker cannot get at least 5 hours of
				uninterrupted sleep, completely relieved of work-related duties, that time
				period shall not be considered a sleep period and must be compensated as
				working time.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart A - GENERAL PROVISIONS › Section 210.130 - Length of Coverage for an Employer

Current through Register Vol. 48, No. 28, July 12, 2024
An employer remains subject to the Act for the rest of a
				  quarter in which it employed a fourth employee, or for the entire pay period in
				  which it employed a fourth employee, whichever period is
				  longer.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart A - GENERAL PROVISIONS › Section 210.150 - Forbidden Activity Covered by Other Laws

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in the Act or this Part is designed or intended to
				  enable a person or employer to perform any act or activity forbidden by the
				  laws of this State or of the United States.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart A - GENERAL PROVISIONS › Section 210.160 - Communication with the Department and the Director

Current through Register Vol. 48, No. 28, July 12, 2024
All employers subject to the provisions of the Act and all
				  persons aggrieved by reason of an alleged violation of the Act shall address
				  all communications, complaints, applications and correspondence to the
				  Department's Chicago office.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart B - ESTABLISHMENT OF MINIMUM WAGE ALLOWANCE FOR GRATUITIES › Section 210.200 - Meals and Lodging

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				reasonable cost of meals and lodging furnished by the employer and actually
				used by the employee may be considered as part of the wage paid an employee
				only where customarily furnished to the employee. The employee must receive the
				meals and/or lodgings for which he or she is charged, and it is also essential
				that his/her acceptance thereof be voluntary and uncoerced. It is not
				sufficient that the meals and/or lodgings be furnished by an employer to
				justify the charge. It is necessary that the meals and/or lodgings are
				furnished regularly by the employer to his employees in the same or similar
				trade, business or enterprise in the same or similar communities.
b) The employer may charge the employee the
				reasonable cost to the employer of furnishing meals and/or lodgings which cost
				does not include profit to the employer and/or any affiliated person.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart C - SEX DISCRIMINATION › Section 210.300 - Sex Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
The Act forbids wage discrimination between employees on the
				  basis of sex. The Illinois Department of Human Rights has the responsibility of
				  enforcement of the Illinois Human Rights Act [775 ILCS 5 ] which also prohibits
				  discrimination in employment based on sex. The Illinois Department of Labor
				  will cooperate with the Department of Human Rights in enforcing the similar sex
				  discrimination provisions in their respective Acts as they relate to
				  wages.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart D - OVERTIME › Section 210.400 - Determining Workweek for Overtime

Current through Register Vol. 48, No. 28, July 12, 2024
a) An employee's workweek is a fixed and
				regularly recurring period of 168 hours - seven consecutive 24-hour periods. It
				need not coincide with the calendar week, but it may begin on any calendar day
				and at any hour of the day.
b) Once
				the beginning time of a workweek is established, it remains fixed regardless of
				the schedule of hours worked by the employee. The beginning of the workweek may
				be changed if the change is intended to be permanent and is not designed to
				evade the overtime requirements of this Act.
c) In the event an employer fails to
				establish a fixed and regular work week, the Director shall consider a calendar
				week as the applicable work week. "Calendar week" means that seven consecutive
				day period beginning at 12:01 a.m. Sunday morning and ending on the following
				Saturday night at midnight.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart D - OVERTIME › Section 210.410 - Exclusions from the Regular Rate

Current through Register Vol. 48, No. 28, July 12, 2024
The "regular rate" shall be deemed to include all
				  remuneration for employment paid to, or on behalf of, the employee, but shall
				  not include:
a) Sums paid as gifts
				such as those made at holidays or other amounts that are not measured by or
				dependent on hours worked; and
b)
				Payments made for occasional periods when no work is performed due to a
				vacation, holiday, illness, failure of employer to provide sufficient work, or
				other similar cause; and
c) Sums
				paid in recognition of services performed which are:
1) determined at the sole discretion of the
				employer, or
2) made pursuant to a
				bona fide thrift or savings plan, or
3) in recognition of a special talent;
				and
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart D - OVERTIME › Section 210.420 - Regular Rate of Pay for Determination of Overtime

Current through Register Vol. 48, No. 28, July 12, 2024
a) Section 4a of the Act requires that
				overtime must be compensated at a rate not less than one and one-half times the
				regular rate at which the employee is actually employed. The regular rate of
				pay at which the employee is employed shall in no event be less than the
				statutory minimum. If the employee's regular rate of pay is higher than the
				statutory minimum, his overtime compensation must be computed at a rate not
				less than one and one-half times such higher rate.
b) The regular rate is a rate per hour. The
				Act does not require employers to pay employees on an hourly rate basis. Their
				earnings may be determined on a piece-rate, salary, commission, or some other
				basis, but in such case the overtime pay due must be computed on a basis of the
				hourly rate derived from such earnings.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart D - OVERTIME › Section 210.440 - Overtime - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Act does
				not require that an employee be paid overtime compensation for hours in excess
				of eight per day, or for work on Saturdays, Sundays, holidays or regular days
				of rest, unless hours worked exceed forty per week.
b) The Act does not require holiday,
				vacation, sick pay or other similar causes be included in the regular rate of
				the employee. Hours that are paid for, but not worked, will not increase the
				regular rate.
c) Sums paid as gifts
				such as those made at holidays or other amounts that are not measured by or
				dependent on hours worked may not be credited towards, or used to offset from,
				overtime compensation due under the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart E - EMPLOYMENT OF AN INDIVIDUAL WITH A DISABILITY AT A WAGE LESS THAN THE MINIMUM WAGE RATE › Section 210.500 - Application for a License to Employ an Individual with a Disability at a Wage Less than the Minimum Wage Rate

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				No employer subject to the provisions of the Act may employ an individual with
				a disability at less than the minimum wage rate pursuant to Section 4 of the
				Act without first obtaining a license from the Director.
b) An official application form for a license
				to employ an individual with a disability at a wage less than the minimum wage
				rate shall be provided by the Director. The employer shall answer all questions
				contained on the form. The application shall be signed jointly by the employer
				and the individual with a disability.
c) The license shall be effective for a
				period not to exceed one year. The individual may be paid the sub-minimum wage
				permitted under the license only during the effective period of the license.
				The wage rate set in the license shall be fixed at a figure designed to reflect
				adequately the individual worker's earning or productive capacity.
d) Upon the expiration of said license, an
				employer of an individual with a disability may submit an application for
				renewal, subject however to the same or similar terms and conditions as
				required for an original application. If an application for renewal has been
				properly and timely filed prior to the expiration date of a license, the
				license shall remain in effect until the application for renewal has been
				granted or denied.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart E - EMPLOYMENT OF AN INDIVIDUAL WITH A DISABILITY AT A WAGE LESS THAN THE MINIMUM WAGE RATE › Section 210.510 - Criteria Used to Establish the Necessity of a Sub-Minimum Wage

Current through Register Vol. 48, No. 28, July 12, 2024
a) In order to
				determine that a wage lower than the minimum wage rate provided in Section 4 of
				the Act is appropriate, the following criteria will be considered:
1) the specific nature and extent of an
				employed individual's disability and the direct correlation between the
				individual's disability and his/her productivity on the job;
2) a comparison of the wages paid generally
				to experienced employees not disabled in the locality in which the work is
				being performed to an individual with a disability engaged in work of a similar
				character at a sub-minimum wage rate;
3) the productivity of an individual with a
				disability compared to the norm established for nondisabled workers through the
				use of a verifiable work measurement method (as outlined in the regulations
				promulgated under the Fair Labor Standards Act of 1938, at
				29 C.F.R.
				525.12(h) (1994, no
				subsequent dates or editions), as amended at 54 FR 32928 or the productivity of
				experienced nondisabled workers employed in the locality engaged in work of a
				similar character; and
4) the wage
				rate to be paid to an individual with a disability for work of similar
				character performed by experienced nondisabled workers.
The Director may as a prerequisite require the submission of
				  additional information including medical or psychological examination report or
				  an equivalent statement from a qualified federal or State agency.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart F - EMPLOYMENT OF LEARNERS AT A WAGE LESS THAN THE MINIMUM WAGE RATE › Section 210.600 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				employer subject to the provisions of the Act shall employ a learner at less
				than the minimum wage pursuant to Section 4 of the Act without first obtaining
				a license from the Director. An employer may at no time pay a learner less than
				the minimum rate provided by Section 6 of the Act.
b) No person shall be deemed a learner at an
				establishment in an occupation for which he has completed the required
				training. A learner, having completed his/her required training, must thereupon
				be paid at wages not less than the minimum wage required by Section 4 of the
				Act.
c) The period of learning may
				not exceed six months, except where the Director determines, following
				investigation, that the occupation for which the learner is to be trained
				requires in excess of six months of such training to attain a level of minimum
				proficiency. A special request must be made by any employer seeking to extend
				the training period, upon forms provided by the Department.
d) The employer has the burden of
				establishing that, for the occupation for which the learner is to be trained,
				there is a bona fide training program for the occupation, and the length of the
				training period is reasonable in light of the skills required to attain a level
				of minimum proficiency.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart F - EMPLOYMENT OF LEARNERS AT A WAGE LESS THAN THE MINIMUM WAGE RATE › Section 210.610 - Application to Employ a Learner

Current through Register Vol. 48, No. 28, July 12, 2024
An official application form for a license to employ learners
				  at a wage less than the minimum wage rate shall be provided by the Director.
				  The employer shall provide all the information required by the form, including
				  but not limited to a statement clearly outlining the training program and the
				  process in which the learner will be engaged while in training. The information
				  shall further specify the total number of workers employed in the
				  establishment, the number and hourly wage rate of experienced workers employed
				  in the occupation in which the learner is to be trained, the hourly wage rate
				  or progressive rate schedule which the employer proposes to pay to the learner,
				  data regarding the age of the learner, the period of employment training at
				  sub-minimum wages, the number of hours of employment training a week and the
				  number of learners sought to be employed.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart F - EMPLOYMENT OF LEARNERS AT A WAGE LESS THAN THE MINIMUM WAGE RATE › Section 210.620 - Employing More Than One Learner

Current through Register Vol. 48, No. 28, July 12, 2024
A license may be issued for the purpose of employing more
				  than one learner in the same capacity. A special form, to be provided by the
				  Director, is to be completed and forwarded to the Director for each learner
				  hired pursuant to a license which permits employment of more than one learner
				  in the same capacity.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart F - EMPLOYMENT OF LEARNERS AT A WAGE LESS THAN THE MINIMUM WAGE RATE › Section 210.630 - Basic Learner Training Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The occupation for which the learner is receiving training
				  must require a sufficient degree of skill to necessitate a learning period. The
				  training must not be for the purpose of acquiring manual dexterity and high
				  production speed in repetitive operations, nor may the employment of a learner
				  displace any other worker employed in the establishment or tend to impair or
				  depress the wage rates or working standards established for experienced workers
				  for like work of comparable character.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart F - EMPLOYMENT OF LEARNERS AT A WAGE LESS THAN THE MINIMUM WAGE RATE › Section 210.640 - Student Learners in Work Study Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a) A student learner may be paid at a
				sub-minimum wage rate in accordance with Section 6 of the Act for the length of
				the course or for the time in which he or she receives course credit, whichever
				is shorter.
b) The employer or
				school must apply for a license to employ a student learner at a sub-minimum
				wage rate on official forms furnished by the Director. A license may be issued
				for the purpose of employing more than one student learner in the same
				capacity.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart G - RECORDS, POSTING AND NOTICE REQUIREMENTS › Section 210.700 - Contents of Records

Current through Register Vol. 48, No. 28, July 12, 2024
The following basic information must be contained in the
				  records of the employers:
a) Name of
				each employee;
b) Address of each
				employee;
c) Birthdate of each
				employee eighteen years of age or under;
d) Social Security Number;
e) Sex and occupation in which
				employed;
f) Hours worked each day
				and hours worked each workweek;
g)
				Time of day and day of week when employee's workweek begins;
h) Basis on which wages are paid;
i) Additions and deductions from employee's
				wages for each pay period and an explanation of additions and
				deductions;
j) Type of payment
				(hourly rate, salary, commission, etc.), straight time and overtime pay and
				total wages paid each pay period; and
k) Dates of payment of each pay period
				covered by the payment.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart G - RECORDS, POSTING AND NOTICE REQUIREMENTS › Section 210.710 - Identification of Learner or Individual with a Disability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Individuals employed as a learner, or
				individuals with disabilities employed at a sub-minimum wage, shall be
				identified on the payroll as learners or individuals with disabilities,
				together with their rate of pay and occupation.
b) Whenever possible, records of learners and
				individuals with disabilities are to be maintained in a separate file or folder
				for ready accessibility.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 210 - MINIMUM WAGE LAW › Subpart G - RECORDS, POSTING AND NOTICE REQUIREMENTS › Section 210.720 - Minimum Records of Gratuities

Current through Register Vol. 48, No. 28, July 12, 2024
With respect to employees whose compensation is derived in
				  part from 'gratuities', every such employer shall, in addition to the foregoing
				  required information, also maintain and preserve records containing the
				  following information and data with respect to each such employee:
a) An identifying symbol, letter or number on
				the payroll record indicating such employee is a person whose wage is
				determined in part by gratuities.
b) The report received from the employee
				setting forth gratuities received during each workday. Such reports submitted
				by the employee shall be signed and include his or her Social Security
				Number.
c) The amount by which the
				wage of each such employee has been deemed to be increased by gratuities as
				determined by the employer (not in excess of 40% of the applicable statutory
				minimum wage). The amount per hour which the employer takes as a gratuity
				credit shall be reported to the employee in writing each time it is changed
				from the amount per hour taken in the preceding pay period.
d) Hours worked each workday in any
				occupation in which the employee does not receive gratuities and the total
				daily or weekly straight time payment made by the employer for such
				hours.
e) Hours worked each workday
				in an occupation in which the employee received tips or gratuities, and total
				daily or weekly straight time earnings for such hours.