HB2771sam001 100TH GENERAL ASSEMBLY

Sen. Toi W. Hutchinson

Filed: 5/5/2017

10000HB2771sam001 LRB100 08738 JLS 25988 a

AMENDMENT TO HOUSE BILL 2771

AMENDMENT NO. ______. Amend House Bill 2771 on page 3, by replacing lines 22 through 26 with the following:

"full-time or part-time status. "Employee" does not include any employee as defined in the federal Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.). Nothing in this Section shall hinder or prohibit the ability of an exempted employee from taking non-compensated time off due to an illness.

"Employer" means any individual; partnership; association; corporation; limited liability company; business trust; employment and labor placement agency where wages are made directly or indirectly by the agency or business for work undertaken by employees under hire to a third party pursuant to a contract between the business or agency with the third party; the State of Illinois and local governments, or any political subdivision of the State or local government, or State or local government agency; for which one or more persons is gainfully employed, express or implied, whether lawfully or unlawfully employed, who employs a worker or who exercises control over a worker's wages, remuneration, or other compensation, hours of employment, place of employment, or working conditions, or whose agent or any other person or group of persons acting directly or indirectly in the interest of an employer in relation to the employee exercises control over a worker's wages, remuneration or other compensation, hours of employment, place of employment, or working conditions. "Employer" does not"; and

on page 4, by replacing lines 18 and 19 with the following: "(iv) any other person as determined by the final rule under the Family and Medical Leave Act of 1993 in effect as of the effective date of this Act; and"; and

on page 5, by replacing lines 10 and 11 with the following: "employee shall be calculated annually from the date of hire or the effective date of this Act, whichever is later."; and

on page 6, by replacing lines 22 and 23 with the following: "which gratuities or commissions have customarily and usually constituted and have been recognized as part or all of the remuneration for hire"; and

on page 7, line 5, by replacing "a sick day" with "paid sick days"; and

on page 9, line 1, by replacing "5 paid sick days" with "40 hours of paid sick time"; and

on page 11, line 9, by inserting after the period the following: "In addition, such records shall be preserved for the duration of any claim pending pursuant to Section 35 of this Act.".