Illinois Compiled Statutes
Chapter 820 - EMPLOYMENT
820 ILCS 182/ - Domestic Workers' Bill of Rights Act.

(820 ILCS 182/1)
Sec. 1. Short title. This Act may be cited as the Domestic Workers' Bill of Rights Act.

(Source: P.A. 99-758, eff. 1-1-17.)
 
(820 ILCS 182/5)
Sec. 5. Purpose and findings. Domestic workers play a critical role in Illinois' economy, working to ensure the health and prosperity of Illinois families and freeing others to participate in the workforce. Despite the value of their work, domestic workers have historically been excluded from the protections under State law extended to workers in other industries. Domestic workers are predominantly women who labor to support families and children of their own and who receive low pay and minimal or no benefits. Without clear standards governing their workplaces, and working alone and behind closed doors, domestic workers are among the most isolated and vulnerable workforce in the State. Workforce projections are one of growth for domestic workers, but the lack of decent pay and other workplace protections undermines the likelihood of building and maintaining a reliable and experienced workforce that is able to meet the needs of Illinois families. Therefore, the General Assembly finds that because domestic workers care for the most important elements of Illinoisans' lives, our families and our homes, it is in the interest of employees, employers, and the people of Illinois to ensure that the rights of domestic workers are respected, protected, and enforced and that this Act shall be interpreted liberally to aid this purpose.

(Source: P.A. 99-758, eff. 1-1-17.)
 
(820 ILCS 182/10)
Sec. 10. Definitions. As used in this Act:
"Domestic work" means:
"Domestic worker" means a person employed to perform domestic work. "Domestic worker" does not include: (i) a person performing domestic work who is the employer's parent, spouse, child, or other member of his or her immediate family, exclusive of individuals whose primary work duties are caregiving, companion services, personal care or home health services for elderly persons or persons with an illness, injury, or disability who require assistance in caring for themselves; (ii) child and day care home providers participating in the child care assistance program under Section 9A-11 of the Illinois Public Aid Code; (iii) a person who is employed by one or more employers in or about a private home or residence or any other location where the domestic work is performed for 8 hours or less in the aggregate in any workweek on a regular basis, exclusive of individuals whose primary work duties are caregiving, companion services, personal care or home health services for elderly persons or persons with an illness, injury, or disability who require assistance in caring for themselves; or (iv) a person who the employer establishes: (A) has been and will continue to be free from control and direction over the performance of his or her work, both under a contract of service and in fact; (B) is engaged in an independently established trade, occupation, profession or business; or (C) is deemed a legitimate sole proprietor or partnership. A sole proprietor or partnership shall be deemed to be legitimate if the employer establishes that:
"Employ" includes to suffer or permit to work.
"Employee" means a domestic worker.
"Employer" means: any individual; partnership; association; corporation; limited liability company; business trust; employment and labor placement agency where wages are made directly or indirectly by the agency or business for work undertaken by employees under hire to a third party pursuant to a contract between the business or agency with the third party; the State of Illinois and local governments, or any political subdivision of the State or local government, or State or local government agency; for which one or more persons is gainfully employed, express or implied, whether lawfully or unlawfully employed, who employs a domestic worker or who exercises control over the domestic worker's wage, remuneration, or other compensation, hours of employment, place of employment, or working conditions, or whose agent or any other person or group of persons acting directly or indirectly in the interest of an employer in relation to the employee exercises control over the domestic worker's wage, remuneration or other compensation, hours of employment, place of employment, or working conditions.

(Source: P.A. 99-758, eff. 1-1-17.)
 
(820 ILCS 182/90)
Sec. 90. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 99-758, eff. 1-1-17.)
 
(820 ILCS 182/92)
Sec. 92. (Amendatory provisions; text omitted).

(Source: P.A. 99-758, eff. 1-1-17; text omitted.)
 
(820 ILCS 182/93)
Sec. 93. (Amendatory provisions; text omitted).

(Source: P.A. 99-758, eff. 1-1-17; text omitted.)
 
(820 ILCS 182/94)
Sec. 94. (Amendatory provisions; text omitted).

(Source: P.A. 99-758, eff. 1-1-17; text omitted.)
 
(820 ILCS 182/95)
Sec. 95. (Amendatory provisions; text omitted).

(Source: P.A. 99-758, eff. 1-1-17; text omitted.)
 
(820 ILCS 182/99)
Sec. 99. Effective date. This Act takes effect January 1, 2017.

(Source: P.A. 99-758, eff. 1-1-17.)

Structure Illinois Compiled Statutes