The Illinois Department of Labor (IDOL) has finalized rules for the employment of domestic workers to better define pay, record keeping, and other requirements that apply to domestic work. The rules follow a statutory change that extended the protections of the Minimum Wage Law to domestic workers, who had previously been excluded from coverage. “The General Assembly has established that domestic workers deserve the same core labor protections as workers in other industries. With these rules, we hope to make domestic workers’ rights on-the-job clearer and help domestic employers understand their obligations under the law,” said Illinois Department of Labor Acting Director Jane Flanagan. The amended Minimum Wage rules, 56 Ill. Adm. Code 210, define domestic workers as individuals who are employed to perform tasks in someone’s home, such as in a nanny, caregiver, or housekeeper role. Among other provisions, the new adopted rules:

• Clarify that domestic workers must be paid for all compensable hours worked, including time and one-half pay for overtime hours.

• Specify how employers should account for rest and sleeping periods.

• Set parameters for when meal or lodging costs can be deducted from a worker’s paycheck.

• Require employers of domestic workers, like all other employers subject to the Minimum Wage Law, to keep wage and hour records.

• Clarify obligations where multiple employers share services of a domestic worker.

The new rules went into effect August 1, 2022.