Full Text of SB2759 96th General Assembly
SB2759 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2759
Introduced 1/28/2010, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
|
820 ILCS 105/4a |
from Ch. 48, par. 1004a |
|
Amends the Minimum Wage Law. Makes a technical change
in a Section concerning overtime.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB2759 |
|
LRB096 17283 WGH 32633 b |
|
| 1 |
| AN ACT concerning employment.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Minimum Wage Law is amended by changing | 5 |
| Section 4a as follows:
| 6 |
| (820 ILCS 105/4a) (from Ch. 48, par. 1004a)
| 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
the hours above specified | 11 |
| at a rate not less than 1 1/2 times the regular
rate at which he | 12 |
| is employed.
| 13 |
| (2) The provisions of subsection (1) of this Section are | 14 |
| not applicable to:
| 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
| 18 |
| establishment primarily engaged in the business of selling | 19 |
| such vehicles
or implements to ultimate purchasers.
| 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.
|
|
|
|
SB2759 |
- 2 - |
LRB096 17283 WGH 32633 b |
|
| 1 |
| C. Any employer of agricultural labor, with respect to | 2 |
| such
agricultural employment.
| 3 |
| D. Any employee of a governmental body excluded from | 4 |
| the definition of "employee" under paragraph (e)(2)(C) of | 5 |
| Section 3 of the Federal Fair Labor Standards Act of 1938.
| 6 |
| E. Any employee employed in a bona fide executive, | 7 |
| administrative or
professional capacity, including any | 8 |
| radio or television announcer, news
editor, or chief | 9 |
| engineer, as defined by or covered by the Federal Fair
| 10 |
| Labor Standards Act
of 1938 and the rules adopted under
| 11 |
| that Act, as both exist on March 30, 2003, but compensated
| 12 |
| at the amount of salary specified in subsections (a) and
| 13 |
| (b) of Section 541.600 of Title 29 of the Code of Federal
| 14 |
| Regulations as proposed in the Federal Register on March
| 15 |
| 31, 2003 or a greater amount of salary as may be adopted by
| 16 |
| the United States Department of Labor. For bona fide | 17 |
| executive,
administrative, and professional employees of | 18 |
| not-for-profit corporations,
the Director may, by | 19 |
| regulation, adopt a weekly wage rate standard lower
than | 20 |
| that provided for executive, administrative, and | 21 |
| professional
employees covered under the Fair Labor | 22 |
| Standards Act of 1938, as now or
hereafter amended.
| 23 |
| F. Any commissioned employee as described in paragraph | 24 |
| (i) of Section
7 of the Federal Fair Labor Standards Act of | 25 |
| 1938 and rules and regulations
promulgated thereunder, as | 26 |
| now or hereafter amended.
|
|
|
|
SB2759 |
- 3 - |
LRB096 17283 WGH 32633 b |
|
| 1 |
| G. Any employment of an employee in the stead of | 2 |
| another employee of the
same employer pursuant to a | 3 |
| worktime exchange agreement between employees.
| 4 |
| H. Any employee of a not-for-profit educational or | 5 |
| residential child care
institution who (a) on a daily basis | 6 |
| is directly involved in educating or
caring for children | 7 |
| who (1) are orphans, foster children, abused,
neglected or | 8 |
| abandoned children, or are otherwise homeless children
and | 9 |
| (2) reside in residential facilities of the institution and | 10 |
| (b) is
compensated at an annual rate of not less than | 11 |
| $13,000 or, if the employee
resides in such facilities and | 12 |
| receives without cost board and lodging from
such | 13 |
| institution, not less than $10,000.
| 14 |
| I. Any employee employed as a crew member of any | 15 |
| uninspected towing
vessel, as defined by Section 2101(40) | 16 |
| of Title 46 of the United States Code,
operating in any | 17 |
| navigable waters in or along the boundaries of the State of
| 18 |
| Illinois.
| 19 |
| (3) Any employer may employ any employee for a period or | 20 |
| periods of not
more than 10 hours in the aggregate in any | 21 |
| workweek in excess of the maximum
hours specified in subsection | 22 |
| (1) of this Section without paying the
compensation for | 23 |
| overtime employment prescribed in subsection (1) if during
that | 24 |
| period or periods the employee is receiving remedial education | 25 |
| that:
| 26 |
| (a) is provided to employees who lack a high school |
|
|
|
SB2759 |
- 4 - |
LRB096 17283 WGH 32633 b |
|
| 1 |
| diploma or educational
attainment at the eighth grade | 2 |
| level;
| 3 |
| (b) is designed to provide reading and other basic | 4 |
| skills at an eighth
grade level or below; and
| 5 |
| (c) does not include job specific training. | 6 |
| (4) A governmental body is not in violation of subsection | 7 |
| (1) if the governmental body provides compensatory time | 8 |
| pursuant to paragraph (o) of Section 7 of the Federal Fair | 9 |
| Labor Standards Act of 1938, as now or hereafter amended, or is | 10 |
| engaged in fire protection or law enforcement activities and | 11 |
| meets the requirements of paragraph (k) of Section 7 or | 12 |
| paragraph (b)(20) of Section 13 of the Federal Fair Labor | 13 |
| Standards Act of 1938, as now or hereafter amended.
| 14 |
| (Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04 .)
|
|