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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
92_HB4044eng HB4044 Engrossed LRB9212726WHcs 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 8 Section, no employer shall employ any of his employees for a 9 workweek of more than 40 hours unless such employee receives 10 compensation for his employment in excess of the hours above 11 specified at a rate not less than 1 1/2 times the regular 12 rate at which he 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 19 selling such vehicles or implements to ultimate 20 purchasers. 21 B. Any salesman primarily engaged in selling 22 trailers, boats, or aircraft, if he is employed by a 23 nonmanufacturing establishment primarily engaged in the 24 business of selling trailers, boats, or aircraft to 25 ultimate purchasers. 26 C. Any employer of agricultural labor, with respect 27 to such agricultural employment. 28 D. Any governmental body. 29 E. Any employee employed in a bona fide executive, 30 administrative or professional capacity, including any 31 radio or television announcer, news editor, or chief HB4044 Engrossed -2- LRB9212726WHcs 1 engineer, as defined by or covered by the Federal Fair 2 Labor Standards Act of 1938, as now or hereafter amended. 3 For bona fide executive, administrative, and professional 4 employees of not-for-profit corporations, the Director 5 may, by regulation, adopt a weekly wage rate standard 6 lower than that provided for executive, administrative, 7 and professional employees covered under the Fair Labor 8 Standards Act of 1938, as now or hereafter amended. 9 F. Any commissioned employee as described in 10 paragraph (i) of Section 7 of the Federal Fair Labor 11 Standards Act of 1938 and rules and regulations 12 promulgated thereunder, as now or hereafter amended. 13 G. Any employment of an employee in the stead of 14 another employee of the same employer pursuant to a 15 worktime exchange agreement between employees. 16 H. Any employee of a not-for-profit educational or 17 residential child care institution who (a) on a daily 18 basis is directly involved in educating or caring for 19 children who (1) are orphans, foster children, abused, 20 neglected or abandoned children, or are otherwise 21 homeless children and (2) reside in residential 22 facilities of the institution and (b) is compensated at 23 an annual rate of not less than $13,000 or, if the 24 employee resides in such facilities and receives without 25 cost board and lodging from such institution, not less 26 than $10,000. 27 I. Any employee employed as a crew member of any 28 uninspected towing vessel, as defined by Section 2101(40) 29 of Title 46 of the United States Code, operating in any 30 navigable waters in or along the boundaries of the State 31 of Illinois. 32 (3) Any employer may employ any employee for a period or 33 periods of not more than 10 hours in the aggregate in any 34 workweek in excess of the maximum hours specified in HB4044 Engrossed -3- LRB9212726WHcs 1 subsection (1) of this Section without paying the 2 compensation for overtime employment prescribed in subsection 3 (1) if during that period or periods the employee is 4 receiving remedial education that: 5 (a) is provided to employees who lack a high school 6 diploma or educational attainment at the eighth grade 7 level; 8 (b) is designed to provide reading and other basic 9 skills at an eighth grade level or below; and 10 (c) does not include job specific training. 11 (Source: P.A. 88-122; 89-453, eff. 1-1-97.) 12 Section 10. The One Day Rest In Seven Act is amended by 13 changing Section 2 as follows: 14 (820 ILCS 140/2) (from Ch. 48, par. 8b) 15 Sec. 2. Every employer shall allow every employee 16 except those specified in this Section at least twenty-four 17 consecutive hours of rest in every calendar week in addition 18 to the regular period of rest allowed at the close of each 19 working day. 20 This Section does not apply to the following: 21 (1) Part-time employees whose total work hours for one 22 employer during a calendar week do not exceed 20; and 23 (2) Employees needed in case of breakdown of machinery 24 or equipment or other emergency requiring the immediate 25 services of experienced and competent labor to prevent injury 26 to person, damage to property, or suspension of necessary 27 operation; and 28 (3) Employees employed in agriculture or coal mining; 29 and 30 (4) Employees engaged in the occupation of canning and 31 processing perishable agricultural products, if such 32 employees are employed by an employer in such occupation on a HB4044 Engrossed -4- LRB9212726WHcs 1 seasonal basis and for not more than 20 weeks during any 2 calendar year or 12 month period; and 3 (5) Employees employed as watchmen or security guards; 4 and 5 (6) Employees who are employed in a bonafide executive, 6 administrative, or professional capacity or in the capacity 7 of an outside salesman, as defined in Section 12 (a) (1) of 8 the federal Fair Labor Standards Act, as amended, and those 9 employed as supervisors as defined in Section 2 (11) of the 10 National Labor Relations Act, as amended; and 11 (7) Employees who are employed as crew members of any 12 uninspected towing vessel, as defined by Section 2101(40) of 13 Title 46 of the United States Code, operating in any 14 navigable waters in or along the boundaries of the State of 15 Illinois. 16 (Source: P.A. 78-1297.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.