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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Minimum Wage Law is amended by changing | ||||||
5 | Section 4a as follows:
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6 | (820 ILCS 105/4a) (from Ch. 48, par. 1004a)
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7 | Sec. 4a. (1) Except as otherwise provided in this Section, | ||||||
8 | no employer
shall employ any of his employees for a workweek of | ||||||
9 | more than 40 hours
unless such employee receives compensation | ||||||
10 | for his employment in excess of
the hours above specified at a | ||||||
11 | rate not less than 1 1/2 times the regular
rate at which he is | ||||||
12 | employed.
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13 | (2) The provisions of subsection (1) of this Section are | ||||||
14 | not applicable to:
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15 | A. Any salesman or mechanic primarily engaged in | ||||||
16 | selling or servicing
automobiles, trucks or farm | ||||||
17 | implements, if he is employed by a nonmanufacturing
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18 | establishment primarily engaged in the business of selling | ||||||
19 | such vehicles
or implements to ultimate purchasers.
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20 | B. Any salesman primarily engaged in selling trailers, | ||||||
21 | boats, or aircraft,
if he is employed by a nonmanufacturing | ||||||
22 | establishment primarily engaged
in the business of selling | ||||||
23 | trailers, boats, or aircraft to ultimate purchasers.
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24 | C. Any employer of agricultural labor, with respect to | ||||||
25 | such
agricultural employment.
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26 | D. Any governmental body.
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27 | E. Any employee employed in a bona fide executive, | ||||||
28 | administrative or
professional capacity, including any | ||||||
29 | radio or television announcer, news
editor, or chief | ||||||
30 | engineer, as defined by or covered by the Federal Fair
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31 | Labor Standards Act
of 1938 and the rules adopted under | ||||||
32 | that Act , as both exist on March 30, 2003, but compensated |
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1 | at the amount of salary specified in subsections (a) and | ||||||
2 | (b) of Section 541.600 of Title 29 of the Code of Federal | ||||||
3 | Regulations as proposed in the Federal Register on March | ||||||
4 | 31, 2003 or a greater amount of salary as may be adopted by | ||||||
5 | the United States Department of Labor
as now or hereafter | ||||||
6 | amended . For bona fide executive,
administrative, and | ||||||
7 | professional employees of not-for-profit corporations,
the | ||||||
8 | Director may, by regulation, adopt a weekly wage rate | ||||||
9 | standard lower
than that provided for executive, | ||||||
10 | administrative, and professional
employees covered under | ||||||
11 | the Fair Labor Standards Act of 1938, as now or
hereafter | ||||||
12 | amended.
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13 | F. Any commissioned employee as described in paragraph | ||||||
14 | (i) of Section
7 of the Federal Fair Labor Standards Act of | ||||||
15 | 1938 and rules and regulations
promulgated thereunder, as | ||||||
16 | now or hereafter amended.
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17 | G. Any employment of an employee in the stead of | ||||||
18 | another employee of the
same employer pursuant to a | ||||||
19 | worktime exchange agreement between employees.
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20 | H. Any employee of a not-for-profit educational or | ||||||
21 | residential child care
institution who (a) on a daily basis | ||||||
22 | is directly involved in educating or
caring for children | ||||||
23 | who (1) are orphans, foster children, abused,
neglected or | ||||||
24 | abandoned children, or are otherwise homeless children
and | ||||||
25 | (2) reside in residential facilities of the institution and | ||||||
26 | (b) is
compensated at an annual rate of not less than | ||||||
27 | $13,000 or, if the employee
resides in such facilities and | ||||||
28 | receives without cost board and lodging from
such | ||||||
29 | institution, not less than $10,000.
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30 | I. Any employee employed as a crew member of any | ||||||
31 | uninspected towing
vessel, as defined by Section 2101(40) | ||||||
32 | of Title 46 of the United States Code,
operating in any | ||||||
33 | navigable waters in or along the boundaries of the State of
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34 | Illinois.
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35 | (3) Any employer may employ any employee for a period or | ||||||
36 | periods of not
more than 10 hours in the aggregate in any |
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1 | workweek in excess of the maximum
hours specified in subsection | ||||||
2 | (1) of this Section without paying the
compensation for | ||||||
3 | overtime employment prescribed in subsection (1) if during
that | ||||||
4 | period or periods the employee is receiving remedial education | ||||||
5 | that:
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6 | (a) is provided to employees who lack a high school | ||||||
7 | diploma or educational
attainment at the eighth grade | ||||||
8 | level;
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9 | (b) is designed to provide reading and other basic | ||||||
10 | skills at an eighth
grade level or below; and
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11 | (c) does not include job specific training.
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12 | (Source: P.A. 92-623, eff. 7-11-02.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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