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92_SB1644 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 -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, except Lake Michigan. 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 -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 99. Effective date. This Act takes effect upon 13 becoming law.
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