ILCS » Chapter 820 · Act 105
Illinois Compiled Statutes

820 ILCS 105/10 (2026)

(a) The Director shall make and revise administrative regulations, including definitions of terms, as the Director deems appropriate to carry out the purposes of this Act, to prevent the circumvention or evasion thereof, and to safeguard the minimum wage established by the Act

✓ current as of May 2026
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(820 ILCS 105/10) (from Ch. 48, par. 1010)
    Sec. 10. (a) The Director shall make and revise administrative regulations, including definitions of terms, as the Director deems appropriate to carry out the purposes of this Act, to prevent the circumvention or evasion thereof, and to safeguard the minimum wage established by the Act.
    (b) In order to prevent curtailment of opportunities for employment, avoid undue hardship, and safeguard the minimum wage rate under this Act, the Director may also issue regulations providing for the employment of workers with disabilities and learners at wages lower than the wage rate applicable under this Act, under permits and for such periods of time as specified therein; and providing for the employment of learners at wages lower than the wage rate applicable under this Act as follows:
        (1) The Director may issue regulations for the
    
employment of workers with disabilities at wages lower than the wage rate applicable under this Act, under permits and for such periods of time as specified therein. Such regulation shall not permit lower wages for persons with disabilities on any basis that is unrelated to such person's ability resulting from his disability, and such regulation may be issued only after notice and opportunity for public hearing as provided in subsection (c) of this Section. All certificates issued for the employment of workers with disabilities in accordance with this Section in effect on December 31, 2029, shall expire on that date, and the Director may not issue any such certificates after that date.
        (2) The Director may issue regulations for the
    
employment of learners at wages lower than the wage rate applicable under this Act. Regulations governing employment of learners may be issued only after notice and opportunity for public hearing, as provided in subsection (c) of this Section.
    (c) Prior to the adoption, amendment or repeal of any rule or regulation by the Director under this Act, except regulations which concern only the internal management of the Department of Labor and do not affect any public right provided by this Act, the Director shall give proper notice to persons in any industry or occupation that may be affected by the proposed rule or regulation, and hold a public hearing on the proposed action at which any such affected person, or the person's duly authorized representative, may attend and testify or present other evidence for or against such proposed rule or regulation. Rules and regulations adopted under this Section shall be filed with the Secretary of State in compliance with the Illinois Administrative Procedure Act.
    (d) The commencement of proceedings by any person aggrieved by an administrative regulation issued under this Act does not, unless specifically ordered by the Court, operate as a stay of that administrative regulation against other persons. The Court shall not grant any stay of an administrative regulation unless the person complaining of such regulation files in the Court an undertaking with a surety or sureties satisfactory to the Court for the payment to the employees affected by the regulation, in the event such regulation is affirmed, of the amount by which the compensation such employees are entitled to receive under the regulation exceeds the compensation they actually receive while such stay is in effect.
    (e) The Department may adopt emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act to implement the changes made by this amendatory Act of the 101st General Assembly.
(Source: P.A. 103-363, eff. 7-28-23; 103-1060, eff. 1-21-25.)

    
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2003–2026 · leading case: People Ex Rel. Dep't of Labor v. MCC Home Health Care, Inc., 790 N.E.2d 38 (Ill. App. Ct. 2003).
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People Ex Rel. Dep't of Labor v. MCC Home Health Care, Inc., 790 N.E.2d 38 (Ill. App. Ct. 2003). · cites it 3× “See 820 ILCS 105/10 (West 2000). We note that the common law, on which MCC and Cortez would have us focus, has never defined the term “employee” for purposes of ascertaining who should be protected by minimum wage and overtime standards, since there is no indication that such a…”
Rochell Mitchell v. JCG Indus., 745 F.3d 837 (7th Cir. 2014). “820 ILCS 105/10(a). Pursuant to this authorization the Director in 1984 promulgated a regulation which states that “ ‘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…”
Kerbes v. Raceway Assocs., LLC, 961 N.E.2d 865 (Ill. App. Ct. 2011). “der the law (820 ILCS 105/12(a) (West 2010)), while section 10 grants the Director of the Illinois Department of Labor the power "to make and revise administrative regulations, including definitions of terms, as he deems appropriate to carry out the purposes of this Act, to…”
Kerbes v. Raceway Assocs., 2011 IL App (1st) 110318 (Ill. App. Ct. 2011). “der the law (820 ILCS 105/12(a) (West 2010)), while section 10 grants the Director of the Illinois Department of Labor the power “to make and revise administrative regulations, including definitions of terms, as he deems appropriate to carry out the purposes of this Act, to…”
Lisa Johnson v. Amazon.com Servs. LLC (7th Cir. 2026). · cites it 4× “110—adopted by the IMWL pursuant to 820 ILCS 105/10(a)—the Court observed: [T]here is no reference to the PPA or [United States Department of Labor (“USDOL”)] regula- tions that establish a preliminary or postlimi- nary exclusion from “hours worked.”
Johnson v. Amazon.com Servs., LLC, 2026 IL 132016 (Ill. 2026). “See 820 ILCS 105/10 (West 2020). ¶ 18 In short, a plain reading of section 4a of the Wage Law, as well as the regulations promulgated by IDOL per the mandate of section 10 of the Wage Law, reveals that the General Assembly did not signify any intention to incorporate the…”
People ex rel. Dep't of Labor v. MCC Home Health Care, Inc. (Ill. App. Ct. 2003). · cites it 3× “" 820 ILCS 105/10 (West 2000). Thus, the Act is clear in granting to the Director of the Department the discretion to evaluate and to ascertain the purposes of the Act and to promulgate regulations that fully enforce those ascertained purposes.”
820 ILCS 105/10(a): 5 cases
Rochell Mitchell v. JCG Indus., 745 F.3d 837 (7th Cir. 2014). “820 ILCS 105/10(a). Pursuant to this authorization the Director in 1984 promulgated a regulation which states that “ ‘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…”
People Ex Rel. Dep't of Labor v. MCC Home Health Care, Inc., 790 N.E.2d 38 (Ill. App. Ct. 2003). “See 820 ILCS 105/10 (West 2000). We note that the common law, on which MCC and Cortez would have us focus, has never defined the term “employee” for purposes of ascertaining who should be protected by minimum wage and overtime standards, since there is no indication that such a…”
Kerbes v. Raceway Assocs., LLC, 961 N.E.2d 865 (Ill. App. Ct. 2011). “der the law (820 ILCS 105/12(a) (West 2010)), while section 10 grants the Director of the Illinois Department of Labor the power "to make and revise administrative regulations, including definitions of terms, as he deems appropriate to carry out the purposes of this Act, to…”
Kerbes v. Raceway Assocs., 2011 IL App (1st) 110318 (Ill. App. Ct. 2011). “der the law (820 ILCS 105/12(a) (West 2010)), while section 10 grants the Director of the Illinois Department of Labor the power “to make and revise administrative regulations, including definitions of terms, as he deems appropriate to carry out the purposes of this Act, to…”
Lisa Johnson v. Amazon.com Servs. LLC (7th Cir. 2026). “110—adopted by the IMWL pursuant to 820 ILCS 105/10(a)—the Court observed: [T]here is no reference to the PPA or [United States Department of Labor (“USDOL”)] regula- tions that establish a preliminary or postlimi- nary exclusion from “hours worked.”
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