State of Illinois
92nd General Assembly

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 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  1.  Short  title.  This  Act may be cited as the
 5    Mandatory Overtime Limitation Act.

 6        Section  5.  Legislative  findings  and  declaration   of
 7    policy.  The  purpose  of  this  Act  is  to reduce excessive
 8    amounts of mandatory  overtime  which  increase  stresses  on
 9    family  life,  jeopardize the health and safety of employees,
10    and undermine the effectiveness of workplace operations.
11        The General Assembly  finds  that  a  growing  number  of
12    Illinois  families  include  2  working  parents  or only one
13    custodial parent. These parents often face a daily  challenge
14    to balance the demands of their work lives and those of their
15    families. Working a full-time job requires complex child care
16    arrangements or  juggling of schedules between spouses. Child
17    care   providers   or  school  schedules  offer  very  little
18    flexibility.
19        The General Assembly finds that  many  employers  do  not
20    respect  the  schedules which employees are assigned to work,
21    but instead  frequently  impose  requirements  for  mandatory
22    overtime  with  little  or  no  advance  notice. Such imposed
23    overtime can prevent employees from picking  up  children  at
24    school  or  child  care  centers  or  require that they leave
25    children home unsupervised. Employees who refuse to work this
26    overtime because of concern for their  children's  well-being
27    face discipline or discharge.
28        The  General  Assembly  finds that mandatory overtime can
29    also take a toll on  the  health  and  safety  of  employees.
30    Employees who work excessive amounts of overtime often suffer
31    from  sleep  deprivation  and  stress-related disorders. This
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 1    places their own health at risk. It  also  jeopardizes  their
 2    coworkers   and  the  quality  of  the  work  that  they  are
 3    performing.

 4        Section 10.  Definitions. As used in this Act:
 5        "Employer"  means  all  private  and  public   employers,
 6    including the State and political subdivisions of the State.
 7        "Overtime"  means  the hours worked in excess of 48 hours
 8    in a week or 12 hours in a 24 hour period.

 9        Section 15. Limits on mandatory overtime. If an  employee
10    has  worked  48  hours in a week, an employer may not require
11    the employee to work additional overtime during that week. If
12    an employee has worked 12 hours  in  a  24  hour  period,  an
13    employer  may  not  require  the  employee to work additional
14    overtime during that 24 hour period. Any additional  overtime
15    shall be on a voluntary basis.

16        Section 20.  Exceptions. This Act does not apply to:
17             (1)  Work  performed  in  response  to  an emergency
18        declared by the Governor under the laws of the State.
19             (2)  An employee who performs essential services for
20        the  public.  For  purposes  of   this   paragraph   (2),
21        "essential  services" means those services that are basic
22        or indispensable and are provided  to  the  public  as  a
23        whole,  including,  but  not limited to, utility service,
24        snowplowing,  road  maintenance,  and  telecommunications
25        service.
26             (3)  An employee whose work is necessary to  protect
27        the  public health or safety, when the excess overtime is
28        required outside the normal course of business.
29        Any employee who falls under any of these exceptions  and
30    who  has  worked  48 hours in a week or 12 hours in a 24 hour
31    period and who is mandated to work additional overtime by his
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 1    or her employer during that week or 24 hour period  shall  be
 2    paid at twice his or her regular hourly rate.

 3        Section  25.  Refusal  to  work  mandatory  overtime. The
 4    refusal of any employee to accept mandatory overtime may  not
 5    be   grounds   for   discrimination,   dismissal,  discharge,
 6    retaliation,  or  an  employment  decision  adverse  to   the
 7    employee.

 8        Section  99.  Effective  Date. This Act takes effect upon
 9    becoming law.

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