Illinois General Assembly - Full Text of Public Act 099-0017
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Public Act 099-0017





Public Act 099-0017
SB0038 EnrolledLRB099 03762 SXM 23775 b

    AN ACT concerning employment.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Minimum Wage Law is amended by changing
Section 4a as follows:
    (820 ILCS 105/4a)  (from Ch. 48, par. 1004a)
    Sec. 4a. (1) Except as otherwise provided in this Section,
no employer shall employ any of his employees for a workweek of
more than 40 hours unless such employee receives compensation
for his employment in excess of the hours above specified at a
rate not less than 1 1/2 times the regular rate at which he is
    (2) The provisions of subsection (1) of this Section are
not applicable to:
        A. Any salesman or mechanic primarily engaged in
    selling or servicing automobiles, trucks or farm
    implements, if he is employed by a nonmanufacturing
    establishment primarily engaged in the business of selling
    such vehicles or implements to ultimate purchasers.
        B. Any salesman primarily engaged in selling trailers,
    boats, or aircraft, if he is employed by a nonmanufacturing
    establishment primarily engaged in the business of selling
    trailers, boats, or aircraft to ultimate purchasers.
        C. Any employer of agricultural labor, with respect to
    such agricultural employment.
        D. Any employee of a governmental body excluded from
    the definition of "employee" under paragraph (e)(2)(C) of
    Section 3 of the Federal Fair Labor Standards Act of 1938.
        E. Any employee employed in a bona fide executive,
    administrative or professional capacity, including any
    radio or television announcer, news editor, or chief
    engineer, as defined by or covered by the Federal Fair
    Labor Standards Act of 1938 and the rules adopted under
    that Act, as both exist on March 30, 2003, but compensated
    at the amount of salary specified in subsections (a) and
    (b) of Section 541.600 of Title 29 of the Code of Federal
    Regulations as proposed in the Federal Register on March
    31, 2003 or a greater amount of salary as may be adopted by
    the United States Department of Labor. For bona fide
    executive, administrative, and professional employees of
    not-for-profit corporations, the Director may, by
    regulation, adopt a weekly wage rate standard lower than
    that provided for executive, administrative, and
    professional employees covered under the Fair Labor
    Standards Act of 1938, as now or hereafter amended.
        F. Any commissioned employee as described in paragraph
    (i) of Section 7 of the Federal Fair Labor Standards Act of
    1938 and rules and regulations promulgated thereunder, as
    now or hereafter amended.
        G. Any employment of an employee in the stead of
    another employee of the same employer pursuant to a
    worktime exchange agreement between employees.
        H. Any employee of a not-for-profit educational or
    residential child care institution who (a) on a daily basis
    is directly involved in educating or caring for children
    who (1) are orphans, foster children, abused, neglected or
    abandoned children, or are otherwise homeless children and
    (2) reside in residential facilities of the institution and
    (b) is compensated at an annual rate of not less than
    $13,000 or, if the employee resides in such facilities and
    receives without cost board and lodging from such
    institution, not less than $10,000.
        I. Any employee employed as a crew member of any
    uninspected towing vessel, as defined by Section 2101(40)
    of Title 46 of the United States Code, operating in any
    navigable waters in or along the boundaries of the State of
        J. Any employee who is a member of a bargaining unit
    recognized by the Illinois Labor Relations Board and whose
    union has contractually agreed to an alternate shift
    schedule as allowed by subsection (b) of Section 7 of the
    Fair Labor Standards Act of 1938.
    (3) Any employer may employ any employee for a period or
periods of not more than 10 hours in the aggregate in any
workweek in excess of the maximum hours specified in subsection
(1) of this Section without paying the compensation for
overtime employment prescribed in subsection (1) if during that
period or periods the employee is receiving remedial education
        (a) is provided to employees who lack a high school
    diploma or educational attainment at the eighth grade
        (b) is designed to provide reading and other basic
    skills at an eighth grade level or below; and
        (c) does not include job specific training.
    (4) A governmental body is not in violation of subsection
(1) if the governmental body provides compensatory time
pursuant to paragraph (o) of Section 7 of the Federal Fair
Labor Standards Act of 1938, as now or hereafter amended, or is
engaged in fire protection or law enforcement activities and
meets the requirements of paragraph (k) of Section 7 or
paragraph (b)(20) of Section 13 of the Federal Fair Labor
Standards Act of 1938, as now or hereafter amended.
(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)

Effective Date: 1/1/2016