State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

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.

[ Top ]