Full Text of HB5661 95th General Assembly
HB5661eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the State | 5 |
| Facility Overtime Act. | 6 |
| Section 5. Definitions.
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| "State facility" includes all Department of Human Services | 8 |
| operated residential facilities including State mental health | 9 |
| hospitals, State developmental centers, treatment and | 10 |
| detention facilities for sexually violent persons, and State | 11 |
| residential schools for the deaf and visually impaired; all | 12 |
| Department of Veterans Affairs operated homes; all Department | 13 |
| of Corrections operated correctional centers, work camps, boot | 14 |
| camps, and adult transition centers; all Department of Juvenile | 15 |
| Justice operated youth centers and boot camps; and any other | 16 |
| State facility under the jurisdiction of these State agencies | 17 |
| that operates on a 24 hour basis.
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| "Mandatory overtime" means work in excess of an agreed | 19 |
| upon, predetermined, and regularly scheduled daily work shift, | 20 |
| not to exceed 40 hours per week, assigned to an employee | 21 |
| without the employee's consent. | 22 |
| "Employee" means an individual employed by a State facility | 23 |
| who is covered by a collective bargaining agreement.
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| "Director" means the Director, or designee of the Director, | 2 |
| of the State agency responsible for the operation of the State | 3 |
| facility or his or her agent. | 4 |
| "Department" means the Department of Labor and its agents.
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| Section 10. Legislative intent. The General Assembly finds | 6 |
| that years of staff cuts at State facilities such as prisons, | 7 |
| developmental and mental health centers, youth centers, and | 8 |
| veterans homes have created deplorable working conditions | 9 |
| including excessive overtime. Many State facilities routinely | 10 |
| use mandatory overtime to cover staff vacancies. This is | 11 |
| frequently on top of work schedules that are already in excess | 12 |
| of 40 hours per week. Excessive overtime is driving many | 13 |
| dedicated employees out of State service, exacerbating the | 14 |
| short staffing crisis. This impacts employee health, welfare, | 15 |
| and safety, as well as the ability of staff to deliver | 16 |
| necessary services.
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| Section 15. Ban on mandatory overtime. A Director shall not | 18 |
| require an employee to accept work in excess of an agreed upon, | 19 |
| predetermined, and regularly scheduled daily work shift, not to | 20 |
| exceed 40 hours per week.
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| Section 20. Exceptions.
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| (a) The acceptance by any employee of work in excess of an | 23 |
| agreed upon, predetermined, and regularly scheduled daily work |
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| shift, not to exceed 40 hours per week, shall be strictly | 2 |
| voluntary and the refusal of any employee to accept such | 3 |
| overtime work shall not be grounds for discrimination, | 4 |
| dismissal, discharge, or any other penalty or employment | 5 |
| decision adverse to the employee. | 6 |
| (b) This Act shall not apply in the event of any declared | 7 |
| national or State emergency or a disaster or other catastrophic | 8 |
| event that substantially affects or increases the need for | 9 |
| State services.
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| Section 25. Posting of Act. Every Director subject to any | 11 |
| provision of this Act shall keep a summary of this Act approved | 12 |
| by the Department posted in a conspicuous and accessible place | 13 |
| in or about the premises wherever any person subject to this | 14 |
| Act is employed. | 15 |
| Section 30. Investigation and enforcement. An employee or | 16 |
| the employee's collective bargaining representative may bring | 17 |
| a complaint to the Illinois Department of Labor if the employee | 18 |
| believes that the employee's Director is in violation of this | 19 |
| Act. The Department shall conduct an investigation of the | 20 |
| complaint. When an investigation results in a finding that the | 21 |
| employee suffered discrimination, dismissal, discharge, or any | 22 |
| other penalty or employment decision adverse to the employee as | 23 |
| a result of refusing overtime, the Department has the authority | 24 |
| to make that employee whole. |
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| Section 35. Construction and applicability. Nothing in | 2 |
| this Act shall be construed to impair or negate the ability of | 3 |
| collective bargaining representatives of employees subject to | 4 |
| this Act from negotiating procedures and remedies that provide | 5 |
| to those covered employees rights that are additional to those | 6 |
| in this Act. Nothing in this Act shall be construed to limit | 7 |
| the enforcement of a collective bargaining arbitrator's | 8 |
| finding of a violation of this Act. | 9 |
| Section 40. No authority to make or promulgate rules. | 10 |
| Notwithstanding any other rulemaking authority that may exist, | 11 |
| neither the Governor nor any agency or agency head under the | 12 |
| jurisdiction of the Governor has any authority to make or | 13 |
| promulgate rules to implement or enforce the provisions of this | 14 |
| Act. If, however, the Governor believes that rules are | 15 |
| necessary to implement or enforce the provisions of this Act, | 16 |
| the Governor may suggest rules to the General Assembly by | 17 |
| filing them with the Clerk of the House and Secretary of the | 18 |
| Senate and by requesting that the General Assembly authorize | 19 |
| such rulemaking by law, enact those suggested rules into law, | 20 |
| or take any other appropriate action in the General Assembly's | 21 |
| discretion. Nothing contained in this Act shall be interpreted | 22 |
| to grant rulemaking authority under any other Illinois statute | 23 |
| where such authority is not otherwise explicitly given. For the | 24 |
| purposes of this Act, "rules" is given the meaning contained in |
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| Section 1-70 of the Illinois Administrative Procedure Act, and | 2 |
| "agency" and "agency head" are given the meanings contained in | 3 |
| Sections 1-20 and 1-25 of the Illinois Administrative Procedure | 4 |
| Act to the extent that such definitions apply to agencies or | 5 |
| agency heads under the jurisdiction of the Governor.
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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