Illinois Compiled Statutes
Chapter 820 - EMPLOYMENT
820 ILCS 125/ - Wages of Women and Minors Act.

(820 ILCS 125/0.01) (from Ch. 48, par. 198)
Sec. 0.01.
Short title.
This Act may be cited as the
Wages of Women and Minors Act.

(Source: P.A. 86-1324.)
 
(820 ILCS 125/1) (from Ch. 48, par. 198.1)
Sec. 1. As used in this Act:
"Department" means the Department of Labor.
"Director" means the Director of the Department of Labor.
"Wage Board" means a board created as provided in this
Act.
"Woman" means a female of 18 years or over.
"Minor" means a person under the age of 18 years.
"Occupation" means an industry, trade or business or branch thereof or
class of work therein in which women or minors are gainfully employed, but
does not include labor on a
farm.
"An oppressive and unreasonable wage" means a wage which is both less
than the fair and reasonable value of the services rendered and less than
sufficient to meet the minimum cost of living necessary for health.
"A fair wage" means a wage fairly and reasonably commensurate with the
value of the services or class of service rendered. In establishing a
minimum fair wage for any service or class of service under this Act the
Department and the wage board without being bound by any technical rules of
evidence or procedure (1) may take into account all relevant circumstances
affecting the value of the service or class of service rendered, and (2)
may
be guided by like considerations as would guide a court in a suit for the
reasonable value of services rendered where services are rendered at the
request of an employer without contract as to the amount of the wage to be
paid, and (3) may consider the wages paid in the State for work of like or
comparable character by employers who voluntarily maintain minimum fair
wage standards.
"A directory order" means an order the nonobservance of which may be
published as provided in Section 9 of this Act.
"A mandatory order" means an order the violation of which is subject to
the penalties prescribed in paragraph 2 of Section 15 of this Act.

(Source: P.A. 99-758, eff. 1-1-17.)
 
(820 ILCS 125/2) (from Ch. 48, par. 198.2)
Sec. 2.

It is hereby declared to be against public policy for any employer
to employ any woman or minor in an occupation in this state at an
oppressive and unreasonable wage as defined in section 1 of this act and
any contract, agreement or understanding for or in relation to such
employment shall be null and void.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/3) (from Ch. 48, par. 198.3)
Sec. 3.
The Department shall have full power and authority:
1. To investigate and ascertain the wages of women and minors employed
in any occupation in the State;
2. To enter the place of business or employment of any employer of women
and minors in any occupation for the purpose of examining and inspecting
any and all books, registers, payrolls, and other records of any employer
of women or minors that in any way appertain to or have a bearing upon the
question of wages of any such women or minors and for the purpose of
ascertaining whether the orders of the Department have been and are being
complied with; and
3. To require from such employer full and correct statements in writing
when the Department deems necessary, of the wages paid to all women and
minors in his employment.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/4) (from Ch. 48, par. 198.4)
Sec. 4.

The Department shall have the power, and it shall be its duty on
the petition of fifty or more residents of any county in which women or
minors are employed in any occupation, to make an investigation of the
wages being paid to women or minors in an occupation to ascertain whether
any substantial number of women or minors in such occupation are receiving
oppressive and unreasonable wages. If, on the basis of information in its
possession with or without a special investigation, the Department is of
the opinion that any substantial number of women or minors in any
occupation or occupations are receiving oppressive and unreasonable wages
the director shall appoint a wage board to report upon the establishment of
minimum fair wage rates for such women or minors in such occupation or
occupations.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/5.1) (from Ch. 48, par. 198.5)
Sec. 5.1.
Wage board.
1. A wage board shall be composed of not more than 2
representatives of the employers in any occupation or occupations, an equal
number of representatives of the employees in such occupation or
occupations and of one disinterested person representing the public, who
shall be designated as chairman. The director shall appoint the members of
such wage board, the representatives of the employers and employees to be
selected so far as practicable from nominations submitted by employers and
employees in such occupation or occupations. A majority of the members of
such wage board shall constitute a quorum and the recommendations or report
of such wage board shall require a vote of not less than a majority of all
its members. Members of a wage board shall serve without pay, but may be
reimbursed for necessary traveling expenses. The Department shall make and
establish from time to time rules and regulations governing the selection
of a wage board and its mode of procedure not inconsistent with this Act.
2. A wage board shall have power to administer oaths and to require by
subpoena the attendance and testimony of witnesses, the production of all
books, records, and other evidence relative to any matters under
investigation. Such subpoenas shall be signed and issued by a member of the
wage board and may be served by any person of full age. Any circuit court
upon application of any member of a wage board may,
in its discretion, compel the attendance of witnesses and giving
of testimony and
the production of books, records and other evidence by attachment for
contempt or otherwise in the same manner as production of evidence may be
compelled before the court. A wage board shall have power to cause
depositions of witnesses residing within or without the State to be taken
in the manner prescribed for like depositions in civil actions in the
circuit court.
3. The Department shall present to a wage board promptly upon its
organization all the evidence and information in its possession relating to
the wages of women and minor workers in the occupation or occupations for
which the wage board was appointed and all other information which the
Department deems relevant to the establishment of a minimum fair wage for
such women and minors, and shall cause to be brought before the committee
any witnesses deemed material. A wage board may summon other witnesses or
call upon the Department to furnish additional information to aid it in its
deliberation.
4. Within 60 days of its organization a wage board shall submit a report
including its recommendations as to minimum fair wage standards for the
women or minors in the occupation or occupations the wage standards of
which the wage board was appointed to investigate. If its report is not
submitted within such time the Department may constitute a new wage board.
5. A wage board may differentiate and classify employments in any
occupation according to the nature of the service rendered and recommend
appropriate minimum fair rates for different employments. A wage board may
also recommend minimum fair wage rates varying with localities if in the
judgment of the wage board conditions make such local differentiation
proper and do not effect an unreasonable discrimination against any
locality.
6. A wage board may recommend a suitable scale of rates for learners and
apprentices in any occupation or occupations, which scale of learners' and
apprentices' rates may be less than the regular minimum fair wage rates
recommended for experienced women or minor workers in such occupation or
occupations.

(Source: P.A. 91-357, eff. 7-29-99.)
 
(820 ILCS 125/6) (from Ch. 48, par. 198.6)
Sec. 6.

A report from a wage board shall be submitted to the Department
which shall within ten days accept or reject such report. If the report is
rejected the Department shall resubmit the matter to the same wage board or
to a new wage board with a statement of the reasons for the resubmission.
If the report is accepted it shall be published together with such proposed
administrative regulations as the Department may deem appropriate to
implement or supplement the report of the wage board and to safeguard the
minimum fair wage standards to be established, and notice shall be given of
a public hearing to be held by the Department not sooner than fifteen nor
more than thirty days after such publication at which all persons in favor
of or opposed to the recommendations contained in such report or in such
proposed regulations may be heard.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/7) (from Ch. 48, par. 198.7)
Sec. 7.

Within ten days after such hearing the Department shall approve or
disapprove the report of the wage board. If the report is disapproved the
Department may resubmit the matter to the same wage board or to a new wage
board. If the report is approved the Department shall make a directory
order which shall define minimum fair wage rates in the occupation or
occupations as recommended in the report of the wage board and which shall
include such proposed administrative regulations deemed appropriate to
implement or supplement report of the wage board and to safeguard the
minimum fair wage standards established. Such administrative regulations
may include among other things, regulations defining and governing learners
and apprentices, their rates, number, proportion or length of services,
piece rates or their relation to time rates, overtime or part time rates,
bonuses or special pay for special or extra work, deductions for board,
lodging, apparel or other items or services supplied by the employer and
other special conditions or circumstances; and in view of the diversities
and complexities of different occupations and the dangers of evasion and
nullification, the Department may provide in such regulations without
departing from the basic minimum rates recommended by the wage board such
modifications or reductions of or additions to such rates in or for such
special cases or classes of cases as those herein enumerated as the
Department may find appropriate to safeguard the basic minimum rates
established.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/8) (from Ch. 48, par. 198.8)
Sec. 8.

For any occupation for which minimum fair wage rates have been
established the Department may cause to be issued to a woman or minor,
including a learner or apprentice, whose earning capacity is impaired by
age or physical or mental deficiency or injury, a special license
authorizing employment at such rates less than such minimum fair wage rates
and for such period of time as shall be fixed and stated in the license.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/9) (from Ch. 48, par. 198.9)
Sec. 9.

If the Department has reason to believe that any employer is not
observing the provisions of any order made by it under section 7 of this
act the Department may, on fifteen days' notice summon such employer to
appear before it to show cause why the name of such employer should not be
published as having failed to observe the provisions of such order. After
such hearing and the finding of non-observance, the Department may cause to
be published in a newspaper or newspapers circulating within the State of
Illinois or in such other manner as may be deemed appropriate, the name of
any such employer or employers as having failed in the respects stated to
observe the provisions of the directory order. Neither the Department nor
any authorized representative thereof, nor any newspaper publisher,
proprietor, editor, nor employee thereof shall be liable to an action for
damages for publishing the name of any employer as provided for in this
Act, unless guilty of some wilful misrepresentation.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/10) (from Ch. 48, par. 198.10)
Sec. 10.

If at any time after a directory minimum fair wage order has been
in effect for nine months the Department is of the opinion that the
persistent non-observance of such order by one or more employers is a
threat to the maintenance of fair minimum wage standards in any occupation
or occupations, it may give notice of intention to make such order
mandatory and of a public hearing to be held not sooner than fifteen nor
more than thirty days after such publication at which all persons in favor
of or opposed to a mandatory order may be heard. After such hearing, the
Department, if it adheres to its opinion, may make the previous directory
order or any part thereof mandatory and so publish it.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/11) (from Ch. 48, par. 198.11)
Sec. 11.

At any time after a minimum fair wage order has been in effect for
one year or more, whether during such period it has been directory or
mandatory, the Department may on its own motion and shall on petition of
fifty or more residents of any county in which women or minors are employed
in any occupation reconsider the minimum fair wage rates set therein and
reconvene the same wage board or appoint a new wage board to recommend
whether or not the rate or rates contained in such order should be
modified. The report of such wage board shall be dealt with in the manner
prescribed in sections 6 and 7 of this act provided that if the order
under reconsideration has theretofore been made mandatory in whole or in
part then the Department in making any new order or confirming any old
order shall have power to declare to what extent such order shall be
directory and to what extent mandatory.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/12) (from Ch. 48, par. 198.12)
Sec. 12.

The Department may at any time and from time to time propose such
modifications of or additions to any administrative regulations included in
any directory or mandatory order without reference to a wage board, as it
may deem appropriate to effectuate the purpose of this act, provided such
proposed modifications or additions could legally have been included in the
original order, and notice shall be given of a public hearing to be held by
the Department not less than fifteen days after such publication at which
all persons in favor of or opposed to such proposed modification or
additions may be heard. After such hearing the Department may make an order
putting into effect such proposed modifications of or additions to the
administrative regulations as it deems appropriate, and if the order of
which the administrative regulations form a part has theretofore been made
mandatory in whole or in part then the Department in making any new order
shall have the power to declare to what extent such order shall be
directory and to what extent mandatory.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/13) (from Ch. 48, par. 198.13)
Sec. 13.

All final administrative decisions of the Department
hereunder shall be subject to judicial review pursuant to the provisions
of the Administrative Review Law,
and all amendments and modifications thereof and the rules adopted
pursuant thereto. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.

(Source: P.A. 82-783.)
 
(820 ILCS 125/14) (from Ch. 48, par. 198.14)
Sec. 14.

Every employer of women and minor workers shall keep a true and
accurate record of the hours worked by each and the wages paid by him to
each and shall furnish to the Department upon demand a sworn statement of
the same. Such records shall be open to inspection by the Department at any
reasonable time. Every employer subject to a minimum fair wage order
whether directory or mandatory shall keep a copy of such order posted in a
conspicuous place in every room in which women or minors are employed.
Employers shall be furnished copies of orders on request without charge.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/15) (from Ch. 48, par. 198.15)
Sec. 15.
1.
Any employer and his agent, or the officer or agent of any
corporation who discharges or in any other manner discriminates against any
employee because such employee has served or is about to serve on a wage
board or has testified or is about to testify before any wage board or in
any other investigation or proceeding under or related to this act or
because such employer believes that said employee may serve on any wage
board or may testify before any wage board or in any investigation or
proceeding under this act shall be guilty of a petty offense.
2. Any employer or the officer or agent of any corporation who pays or
agrees to pay to any woman or minor employee less than the rates applicable
to such woman or minor under a mandatory minimum fair wage order shall be
guilty of a Class B misdemeanor and each week in any day of which such
employee is paid less than the rate applicable to him under a mandatory
minimum fair wage order and each employee so paid less shall constitute a
separate offense.
3. Any employer or the officer or agent of any corporation who fails to
keep the records required under this act or to furnish such records to the
Department upon request shall be guilty of a petty offense and each day of
such failure to keep the records requested under this act or to furnish
same to the Department shall constitute a separate offense.

(Source: P.A. 77-2434.)
 
(820 ILCS 125/16) (from Ch. 48, par. 198.16)
Sec. 16.

If any woman or minor worker is paid by his employer less than the
minimum fair wage to which he is entitled under or by virtue of a mandatory
minimum fair wage order he may recover in a civil action the full amount of
such minimum wage less any amount actually paid to him by the employer
together with costs and such reasonable attorney's fees as may be allowed
by the court, and any agreement between him and his employer to work for
less than such mandatory minimum fair wage shall be no defense to such
action. At the request of any woman or minor worker paid less than the
minimum wage to which he was entitled under a mandatory order the
Department may take an assignment of such wage claim in trust for the
assigning employee and may bring any legal action necessary to collect such
claim, and the employer shall be required to pay the costs and such
reasonable attorney's fees as may be allowed by the court.

(Source: Laws 1945, p. 814.)
 
(820 ILCS 125/17) (from Ch. 48, par. 198.17)
Sec. 17.

If any provision of this act or the application thereof to any
person or circumstance, is held invalid the remainder of the act and the
application of such provision to other persons or circumstances shall not
be affected thereby.

(Source: Laws 1945, p. 814.)

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