Law Effective January 1, 2017

A new law in Illinois amends several state laws to provide protections for certain domestic workers. Affected state laws include the Human Rights Act, the Minimum Wage Law, the Wages of Women and Minors Act, and the One Day Rest In Seven Act.

Scope of Protection
Under the new law, the term "domestic worker" does not include (among other things) 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.

Human Rights Act
The new law amends the state Human Rights Act by removing "domestic servants in private homes" from the list of employees excluded from the law's coverage. The Human Rights Act prohibits employment discrimination against certain protected classes.

Minimum Wage Law
The state Minimum Wage Law is amended by adding domestic workers to the list of employees covered under the law. Among other things, the Minimum Wage Law guarantees a minimum wage of $8.25 per hour for workers 18 years of age and older. Overtime must be paid after 40 hours of work per week at time and one-half the regular rate of pay.

Wages of Women and Minors Act
Additionally, the state Wages of Women and Minors Act is amended by removing "domestic service in the home of the employer" from the list of occupations excluded from the law's coverage. The Wages of Women and Minors Act prohibits an employer from employing any woman or minor in an occupation at an "oppressive and unreasonable wage."

One Day Rest In Seven Act
Finally, the new law amends the state One Day Rest In Seven Act to provide that a person employed as a domestic worker must be allowed at least 24 consecutive hours of rest in every calendar week. However, the new law does not prohibit a domestic worker from voluntarily agreeing to work on such required day of rest if the worker is compensated at the overtime rate for all hours worked on such day of rest. The authorized day of rest should, whenever possible, coincide with the traditional day reserved by the domestic worker for religious worship.

Note: Each of the laws listed above has specific coverage requirements. Employers are encouraged to review the laws above and contact a knowledgeable employment law attorney to determine which laws apply to their particular businesses.

The new law is effective January 1, 2017. Click here to read the text of the law.

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