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Public Act 92-0623
HB4044 Enrolled LRB9212726WHcs
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 employed.
(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 governmental body.
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, as now or hereafter amended.
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 Illinois.
(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 that:
(a) is provided to employees who lack a high school
diploma or educational attainment at the eighth grade
level;
(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.
(Source: P.A. 88-122; 89-453, eff. 1-1-97.)
Section 10. The One Day Rest In Seven Act is amended by
changing Section 2 as follows:
(820 ILCS 140/2) (from Ch. 48, par. 8b)
Sec. 2. Every employer shall allow every employee
except those specified in this Section at least twenty-four
consecutive hours of rest in every calendar week in addition
to the regular period of rest allowed at the close of each
working day.
This Section does not apply to the following:
(1) Part-time employees whose total work hours for one
employer during a calendar week do not exceed 20; and
(2) Employees needed in case of breakdown of machinery
or equipment or other emergency requiring the immediate
services of experienced and competent labor to prevent injury
to person, damage to property, or suspension of necessary
operation; and
(3) Employees employed in agriculture or coal mining;
and
(4) Employees engaged in the occupation of canning and
processing perishable agricultural products, if such
employees are employed by an employer in such occupation on a
seasonal basis and for not more than 20 weeks during any
calendar year or 12 month period; and
(5) Employees employed as watchmen or security guards;
and
(6) Employees who are employed in a bonafide executive,
administrative, or professional capacity or in the capacity
of an outside salesman, as defined in Section 12 (a) (1) of
the federal Fair Labor Standards Act, as amended, and those
employed as supervisors as defined in Section 2 (11) of the
National Labor Relations Act, as amended; and
(7) Employees who are employed as crew members 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
Illinois.
(Source: P.A. 78-1297.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 24, 2002.
Approved July 11, 2002.
Effective July 11, 2002.
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