SB3161 EnrolledLRB102 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 under 16 years of age
15working under the provisions of Section 8.1 shall be permitted
16to 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 portion
6of Section 3 of this Act that prohibits the employment of a
7minor 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 between 10
11    p.m. and 12:30 a.m. or between 5 a.m. and 7 a.m. shall be
12    granted if the Director, or his or her authorized
13    representative, is satisfied that all of the following
14    conditions are met:
15            (A) the employment will not be detrimental to the
16        health or welfare of the minor;
17            (B) the minor will be supervised adequately;
18            (C) the education of the minor will not be
19        neglected; and
20            (D) the total number of hours to be worked that day
21        and week is not over the limits established in this Act
22        or any rules adopted under this Act.
23        (2) A waiver request for a minor to work between 12:30
24    a.m. and 5 a.m. may be granted if the Director, or his or
25    her authorized representative, is satisfied that all of
26    the following conditions are met:

 

 

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1            (A) the employment will not be detrimental to the
2        health or welfare of the minor;
3            (B) the minor will be supervised adequately;
4            (C) the education of the minor will not be
5        neglected;
6            (D) performance by the minor during that time is
7        critical to the success of the production, as
8        demonstrated by true and accurate statements by the
9        employer that filming cannot be completed at any other
10        time of day;
11            (E) the filming primarily requires exterior
12        footage of sunset, nighttime, or dawn;
13            (F) the filming is scheduled on the most optimal
14        day of the week for the minor's schooling;
15            (G) the employer provides a schedule to the
16        Department of schooling and rest periods on the day
17        before, the day of, and the day after the overnight
18        hours to be worked;
19            (H) the age of the minor is taken into account as
20        provided by this Act or any rules adopted under this
21        Act;
22            (I) the total number of hours to be worked that day
23        and week is not over the limits established in this Act
24        or any rules adopted under this Act; and
25            (J) the waiver request was received by the
26        Department at least 72 hours prior to the overnight

 

 

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1        hours to be worked.
2    (c) An employer applying for the waiver shall submit to
3the Director of Labor, or his or her authorized
4representative, a completed application on the form that the
5Director of Labor provides. The Director of Labor, or his or
6her authorized representative, shall issue the waiver if,
7after investigation, he or she is satisfied that (i) the
8employment will not be detrimental to the health or welfare of
9the minor, (ii) the minor will be supervised adequately, and
10(iii) the education of the minor will not be neglected. The
11waiver shall contain signatures that show the consent of a
12parent or legal guardian of the minor, the employer, and an
13authorized representative of a collective bargaining unit if a
14collective bargaining unit represents the minor upon
15employment. The Department of Labor shall promulgate and
16publish all necessary rules for the enforcement of this
17Section, in accordance with the Illinois Administrative
18Procedure Act, within 60 days after the effective date of this
19amendatory Act of 1994.
20(Source: P.A. 88-594, eff. 8-26-94.)