ILCS » Chapter 820 · Act 105
Illinois Compiled Statutes

820 ILCS 105/3 (2026)

As used in this Act:     (a) "Director" means the Director of the Department of Labor, and "Department" means the Department of Labor

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(820 ILCS 105/3) (from Ch. 48, par. 1003)
    Sec. 3. As used in this Act:
    (a) "Director" means the Director of the Department of Labor, and "Department" means the Department of Labor.
    (b) "Wages" means compensation due to an employee by reason of his employment, including allowances determined by the Director in accordance with the provisions of this Act for gratuities and, when furnished by the employer, for meals and lodging actually used by the employee.
    (c) "Employer" includes any individual, partnership, association, corporation, limited liability company, business trust, governmental or quasi-governmental body, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee, for which one or more persons are gainfully employed on some day within a calendar year. An employer is subject to this Act in a calendar year on and after the first day in such calendar year in which he employs one or more persons, and for the following calendar year.
    (d) "Employee" includes any individual permitted to work by an employer in an occupation, and includes, notwithstanding subdivision (1) of this subsection (d), one or more domestic workers as defined in Section 10 of the Domestic Workers' Bill of Rights Act, but does not include any individual permitted to work:
        (1) For an employer employing fewer than 4 employees
    
exclusive of the employer's parent, spouse or child or other members of his immediate family.
        (2) As an employee employed in agriculture or
    
aquaculture (A) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural or aquacultural labor, (B) if such employee is the parent, spouse or child, or other member of the employer's immediate family, (C) if such employee (i) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) commutes daily from his permanent residence to the farm on which he is so employed, and (iii) has been employed in agriculture less than 13 weeks during the preceding calendar year, (D) if such employee (other than an employee described in clause (C) of this subparagraph): (i) is 16 years of age or under and is employed as a hand harvest laborer, is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) is employed on the same farm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as employees over 16 are paid on the same farm.
        (3) (Blank).
        (4) As an outside salesman.
        (5) As a member of a religious corporation or
    
organization.
        (6) At an accredited Illinois college or university
    
employed by the college or university at which he is a student who is covered under the provisions of the Fair Labor Standards Act of 1938, as heretofore or hereafter amended.
        (7) For a motor carrier and with respect to whom the
    
U.S. Secretary of Transportation has the power to establish qualifications and maximum hours of service under the provisions of Title 49 U.S.C. or the State of Illinois under Section 18b-105 (Title 92 of the Illinois Administrative Code, Part 395 - Hours of Service of Drivers) of the Illinois Vehicle Code.
        (8) As an employee employed as a player who is 28
    
years old or younger, a manager, a coach, or an athletic trainer by a minor league professional baseball team not affiliated with a major league baseball club, if (A) the minor league professional baseball team does not operate for more than 7 months in any calendar year or (B) during the preceding calendar year, the minor league professional baseball team's average receipts for any 6-month period of the year were not more than 33 1/3% of its average receipts for the other 6 months of the year.
    The above exclusions from the term "employee" may be further defined by regulations of the Director.
    (e) "Occupation" means an industry, trade, business or class of work in which employees are gainfully employed.
    (f) "Gratuities" means voluntary monetary contributions to an employee from a guest, patron or customer in connection with services rendered.
    (g) "Outside salesman" means an employee regularly engaged in making sales or obtaining orders or contracts for services where a major portion of such duties are performed away from his employer's place of business.
    (h) "Day camp" means a seasonal recreation program in operation for no more than 16 weeks intermittently throughout the calendar year, accommodating for profit or under philanthropic or charitable auspices, 5 or more children under 18 years of age, not including overnight programs. The term "day camp" does not include a "day care agency", "child care facility" or "foster family home" as licensed by the Illinois Department of Children and Family Services.
(Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)

    
Notes of Decisions
Cited in 30 cases (6 in the last 5 years), 1996–2024 · leading case: Morgan v. Speakeasy, LLC, 625 F. Supp. 2d 632 (N.D. Ill. 2007).
Sort: Relevance Newest Treatment
Morgan v. Speakeasy, LLC, 625 F. Supp. 2d 632 (N.D. Ill. 2007). · cites it 4× “29 ; 820 ILCS 105/3; 56 111. Admin. Code § 210.”
DeWig v. Landshire, Inc., 666 N.E.2d 1204 (Ill. App. Ct. 1996). · cites it 6× “See 820 ILCS 105/3(d) (West 1994). In particular, section 3(d)(4) states that "outside salesmen" shall not be considered "employees" for purposes of the Minimum Wage Law.”
Peter Enger v. Chicago Carriage Cab Corp., 812 F.3d 565 (7th Cir. 2016). “” 820 ILCS 105/3(b) (emphasis added). In other words, the legislature evidenced its ability to define “wages” so as to encompass indirect forms of compensation in a neighboring wage law.”
Lewis v. Giordano's Enter., Inc., 921 N.E.2d 740 (Ill. App. Ct. 2009). · cites it 2× “Conversely, defendants argue that the plain language of section 2 of the Wage Law does not void contracts, agreements or understandings between employers and employees as to disputes arising under section 3(b) of the Wage Law (820 ILCS 105/3(b) (West 2004)), permitting employers…”
Samano v. Temple of Kriya, 2020 IL App (1st) 190699 (Ill. App. Ct. 2020). · cites it 3× “” 820 ILCS 105/3(d) (West 2012). The regulations promulgated under the Minimum Wage Law further provide: “ ‘A member of a religious corporation or organization’ means an individual whose functions are spiritual or religious, such as a priest, rabbi, minister, nun, reverend or…”
Villareal v. El Chile, Inc., 776 F. Supp. 2d 778 (N.D. Ill. 2011). “The IMWL similarly defines an “employer” as “any individual, partnership, association, corporation, limited liability company, business trust, governmental or quasi-governmental body, or any person or group of persons acting directly or indirectly in the interest of an employer…”
Coil v. Jack Tanner Towing Co., Inc., 242 F. Supp. 2d 555 (S.D. Ill. 2002). · cites it 2× “On September 7, 2000, Plaintiffs filed suit against their employers seeking overtime pay pursuant to the Illinois Minimum Wage Law, 820 ILCS 105/3 (Doc. I). 2 On May 4 2001, Plaintiffs filed a second amended complaint (Doc.”
Robert Almy v. Kickert Sch. Bus Line, Inc, 722 F.3d 1069 (7th Cir. 2013). · cites it 2× “Finally, exercising supplemental jurisdiction, the court granted summary judgment to Kickert on Almy’s claim for overtime under the Illinois Minimum Wage Law because that law exempts workers covered by the Motor Carrier Act — an act that the court had already determined applies…”
Molina v. First Line Solutions LLC, 566 F. Supp. 2d 770 (N.D. Ill. 2007). “820 ILCS 105/3(d)(7). 12 Defendant fails to recognize that the IMWL exclusion has an additional requirement.”
Driver v. Appleillinois, LLC, 739 F.3d 1073 (7th Cir. 2014). “§ 203 (d); 820 ILCS 105/3(c), if determined to be an employer under those Acts (an issue not yet determined).”
People Ex Rel. Dep't of Labor v. MCC Home Health Care, Inc., 790 N.E.2d 38 (Ill. App. Ct. 2003). “While the legislature provided a general definition of the term “employee” as the protected class under the Act (820 ILCS 105/3(d) (West 2000)), the legislature also expressly granted the Director of the Department the power to “make and revise administrative regulations,…”
Natal v. Medistar, Inc., 221 F. Supp. 3d 999 (N.D. Ill. 2016). “The FLSA defines an employer as “anyone acting directly or indirectly in the interest of an employer in relation to an employee.” 28 U.S.C. § 203 (d). The definition of employer under the IMWL is similarly expansive: “any person or group of persons acting directly or indirectly…”
Show all 30 citing cases →
— 820 ILCS 105/3(b) — 6 cases
Peter Enger v. Chicago Carriage Cab Corp., 812 F.3d 565 (7th Cir. 2016). “” 820 ILCS 105/3(b) (emphasis added). In other words, the legislature evidenced its ability to define “wages” so as to encompass indirect forms of compensation in a neighboring wage law.”
Lewis v. Giordano's Enter., Inc., 921 N.E.2d 740 (Ill. App. Ct. 2009). “Conversely, defendants argue that the plain language of section 2 of the Wage Law does not void contracts, agreements or understandings between employers and employees as to disputes arising under section 3(b) of the Wage Law (820 ILCS 105/3(b) (West 2004)), permitting employers…”
Kerbes v. Raceway Assocs., LLC, 961 N.E.2d 865 (Ill. App. Ct. 2011).
Kerbes v. Raceway Assocs., 2011 IL App (1st) 110318 (Ill. App. Ct. 2011).
D'Agostino v. 7 Zimmie's, Inc., 77 F. Supp. 3d 719 (N.D. Ill. 2014).
— 820 ILCS 105/3(c) — 7 cases
Morgan v. Speakeasy, LLC, 625 F. Supp. 2d 632 (N.D. Ill. 2007). “29 ; 820 ILCS 105/3; 56 111. Admin. Code § 210.”
Driver v. Appleillinois, LLC, 739 F.3d 1073 (7th Cir. 2014). “§ 203 (d); 820 ILCS 105/3(c), if determined to be an employer under those Acts (an issue not yet determined).”
Reynoso v. Motel LLC, 71 F. Supp. 3d 792 (N.D. Ill. 2014).
Shages v. MDScripts Inc. (N.D. Ill. 2019).
Nevarez v. DynaCom Mgmt., LLC (N.D. Ill. 2024).
— 820 ILCS 105/3(d) — 9 cases
Morgan v. Speakeasy, LLC, 625 F. Supp. 2d 632 (N.D. Ill. 2007). “29 ; 820 ILCS 105/3; 56 111. Admin. Code § 210.”
DeWig v. Landshire, Inc., 666 N.E.2d 1204 (Ill. App. Ct. 1996). “See 820 ILCS 105/3(d) (West 1994). In particular, section 3(d)(4) states that "outside salesmen" shall not be considered "employees" for purposes of the Minimum Wage Law.”
People Ex Rel. Dep't of Labor v. MCC Home Health Care, Inc., 790 N.E.2d 38 (Ill. App. Ct. 2003). “While the legislature provided a general definition of the term “employee” as the protected class under the Act (820 ILCS 105/3(d) (West 2000)), the legislature also expressly granted the Director of the Department the power to “make and revise administrative regulations,…”
Samano v. Temple of Kriya, 2020 IL App (1st) 190699 (Ill. App. Ct. 2020). “” 820 ILCS 105/3(d) (West 2012). The regulations promulgated under the Minimum Wage Law further provide: “ ‘A member of a religious corporation or organization’ means an individual whose functions are spiritual or religious, such as a priest, rabbi, minister, nun, reverend or…”
Samano v. Temple of Kriya, 2020 IL App (1st) 190699 (Ill. App. Ct. 2021).
— 820 ILCS 105/3(d)(1) — 2 cases
Kim v. Byun (N.D. Ill. 2019).
Kim v. The Korean News of Chicago Inc. (N.D. Ill. 2020).
— 820 ILCS 105/3(d)(3) — 1 case
Kim v. Byun (N.D. Ill. 2019).
— 820 ILCS 105/3(d)(4) — 1 case
DeWig v. Landshire, Inc., 666 N.E.2d 1204 (Ill. App. Ct. 1996). “See 820 ILCS 105/3(d) (West 1994). In particular, section 3(d)(4) states that "outside salesmen" shall not be considered "employees" for purposes of the Minimum Wage Law.”
— 820 ILCS 105/3(d)(5) — 2 cases
Samano v. Temple of Kriya, 2020 IL App (1st) 190699 (Ill. App. Ct. 2020). “” 820 ILCS 105/3(d) (West 2012). The regulations promulgated under the Minimum Wage Law further provide: “ ‘A member of a religious corporation or organization’ means an individual whose functions are spiritual or religious, such as a priest, rabbi, minister, nun, reverend or…”
Samano v. Temple of Kriya, 2020 IL App (1st) 190699 (Ill. App. Ct. 2021).
— 820 ILCS 105/3(d)(7) — 5 cases
Robert Almy v. Kickert Sch. Bus Line, Inc, 722 F.3d 1069 (7th Cir. 2013). “Finally, exercising supplemental jurisdiction, the court granted summary judgment to Kickert on Almy’s claim for overtime under the Illinois Minimum Wage Law because that law exempts workers covered by the Motor Carrier Act — an act that the court had already determined applies…”
Molina v. First Line Solutions LLC, 566 F. Supp. 2d 770 (N.D. Ill. 2007). “820 ILCS 105/3(d)(7). 12 Defendant fails to recognize that the IMWL exclusion has an additional requirement.”
Turk v. Buffets, Inc., 940 F. Supp. 1255 (N.D. Ill. 1996).
Cantu v. Brink's Co., 186 F. Supp. 3d 846 (N.D. Ill. 2016).
Frapanpina v. Garda CL Great Lakes (N.D. Ill. 2021).
— 820 ILCS 105/3(e) — 2 cases
Villareal v. El Chile, Inc., 776 F. Supp. 2d 778 (N.D. Ill. 2011). “The IMWL similarly defines an “employer” as “any individual, partnership, association, corporation, limited liability company, business trust, governmental or quasi-governmental body, or any person or group of persons acting directly or indirectly in the interest of an employer…”
Natal v. Medistar, Inc., 221 F. Supp. 3d 999 (N.D. Ill. 2016). “The FLSA defines an employer as “anyone acting directly or indirectly in the interest of an employer in relation to an employee.” 28 U.S.C. § 203 (d). The definition of employer under the IMWL is similarly expansive: “any person or group of persons acting directly or indirectly…”
— 820 ILCS 105/3(g) — 1 case
DeWig v. Landshire, Inc., 666 N.E.2d 1204 (Ill. App. Ct. 1996). “See 820 ILCS 105/3(d) (West 1994). In particular, section 3(d)(4) states that "outside salesmen" shall not be considered "employees" for purposes of the Minimum Wage Law.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.