102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3161

 

Introduced 1/12/2022, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 205/3  from Ch. 48, par. 31.3
820 ILCS 205/8.1  from Ch. 48, par. 31.8-1

    Amends the Child Labor Law. Provides that minors under 16 years of age working as child performers shall be permitted to work until 10 p.m. without seeking a waiver from the Department of Labor. Provides that an employer may apply to the Director of Labor, or his or her authorized representative, for a waiver permitting a minor to work outside of the hours allowed by the Act if specified criteria are satisfied.


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A BILL FOR

 

SB3161LRB102 23338 SPS 32504 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Child Labor Law is amended by changing
5Sections 3 and 8.1 as follows:
 
6    (820 ILCS 205/3)  (from Ch. 48, par. 31.3)
7    Sec. 3. Except as hereinafter provided, no minor under 16
8years of age shall be employed, permitted, or allowed to work
9in any gainful occupation mentioned in Section 1 of this Act
10for more than 6 consecutive days in any one week, or more than
1148 hours in any one week, or more than 8 hours in any one day,
12or be so employed, permitted or allowed to work between 7 p.m.
13and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7
14a.m. from June 1 until Labor Day. Minors working as child
15performers under the provisions of Section 8.1 shall be
16permitted to work until 10 p.m.
17    The hours of work of minors under the age of 16 years
18employed outside of school hours shall not exceed 3 a day on
19days when school is in session, nor shall the combined hours of
20work outside and in school exceed a total of 8 a day; except
21that a minor under the age of 16 may work both Saturday and
22Sunday for not more than 8 hours each day if the following
23conditions are met: (1) the minor does not work outside school

 

 

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1more than 6 consecutive days in any one week, and (2) the
2number of hours worked by the minor outside school in any week
3does not exceed 24.
4    A minor 14 or more years of age who is employed in a
5recreational or educational activity by a park district,
6not-for-profit youth club, or municipal parks and recreation
7department while school is in session may work up to 3 hours
8per school day twice a week no later than 9 p.m. if the number
9of hours worked by the minor outside school in any week does
10not exceed 24 or between 10 p.m. and 7 a.m. during that school
11district's summer vacation, or if the school district operates
12on a 12 month basis, the period during which school is not in
13session for the minor.
14(Source: P.A. 92-592, eff. 6-27-02.)
 
15    (820 ILCS 205/8.1)  (from Ch. 48, par. 31.8-1)
16    Sec. 8.1. (a) Notwithstanding the provisions of this Act,
17minors under 16 years of age may be employed as models, or as
18performers on live or pre-recorded radio or television, or in
19motion pictures, or in other entertainment-related
20performances, subject to reasonable conditions to be imposed
21by rule of the Department of Labor. This Section shall not
22apply to employment covered under Section 8 of this Act.
23    (b) Notwithstanding the provisions of this Act, an
24employer who employs a minor under 16 years of age in a
25television, motion picture, or related entertainment

 

 

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1production may allow the minor to work until 10 p.m. without
2seeking a waiver from the Department of Labor. An employer may
3apply to the Director of Labor, or his or her authorized
4representative, for a special waiver permitting a minor to
5work outside of the hours allowed by this Act. from that
6portion of Section 3 of this Act that prohibits the employment
7of a minor under 16 years of age between 7 p.m. and 7 a.m. from
8Labor Day to June 1 or between 9 p.m. and 7 a.m. from June 1
9until Labor Day.
10        (1) A waiver request for a minor to work until 12:30
11    a.m. or between 5 a.m. and 7 a.m. shall be granted if the
12    Director, or his or her authorized representative, is
13    satisfied that:
14            (A) the employment will not be detrimental to the
15        health or welfare of the minor;
16            (B) the minor will be supervised adequately;
17            (C) the education of the minor will not be
18        neglected; and
19            (D) the total number of hours to be worked that day
20        and week is not over the limits established in this Act
21        or any rules adopted under this Act.
22        (2) A waiver request for a minor to work between 12:30
23    a.m. and 5 a.m. may be granted if the Director, or his or
24    her authorized representative, is satisfied that:
25            (A) the employment will not be detrimental to the
26        health or welfare of the minor;

 

 

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1            (B) the minor will be supervised adequately;
2            (C) the education of the minor will not be
3        neglected;
4            (D) the total number of hours to be worked that day
5        and week is not over the limits established in this Act
6        or any rules adopted under this Act;
7            (E) the minor will have an appropriate opportunity
8        for rest the following day;
9            (F) the work must be performed at those times and
10        cannot be done during regular work hours; and
11            (G) the request was received by the Department at
12        least 48 hours prior to the hours requested to be
13        worked.
14    (c) An employer applying for the waiver shall submit to
15the Director of Labor, or his or her authorized
16representative, a completed application on the form that the
17Director of Labor provides. The Director of Labor, or his or
18her authorized representative, shall issue the waiver if,
19after investigation, he or she is satisfied that (i) the
20employment will not be detrimental to the health or welfare of
21the minor, (ii) the minor will be supervised adequately, and
22(iii) the education of the minor will not be neglected. The
23waiver shall contain signatures that show the consent of a
24parent or legal guardian of the minor, the employer, and an
25authorized representative of a collective bargaining unit if a
26collective bargaining unit represents the minor upon

 

 

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1employment. The Department of Labor shall promulgate and
2publish all necessary rules for the enforcement of this
3Section, in accordance with the Illinois Administrative
4Procedure Act, within 60 days after the effective date of this
5amendatory Act of 1994.
6(Source: P.A. 88-594, eff. 8-26-94.)