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|[ Senate Amendment 001 ]|
92_SB1812 LRB9214136WHcs 1 AN ACT concerning labor. 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, and any employer of 28 seamen or employees employed on a vessel which is a 29 towboat, tugboat, or barge engaged in navigation upon 30 navigable waters in furtherance of interstate commerce. 31 D. Any governmental body. -2- LRB9214136WHcs 1 E. Any employee employed in a bona fide executive, 2 administrative or professional capacity, including any 3 radio or television announcer, news editor, or chief 4 engineer, as defined by or covered by the Federal Fair 5 Labor Standards Act of 1938, as now or hereafter amended. 6 For bona fide executive, administrative, and professional 7 employees of not-for-profit corporations, the Director 8 may, by regulation, adopt a weekly wage rate standard 9 lower than that provided for executive, administrative, 10 and professional employees covered under the Fair Labor 11 Standards Act of 1938, as now or hereafter amended. 12 F. Any commissioned employee as described in 13 paragraph (i) of Section 7 of the Federal Fair Labor 14 Standards Act of 1938 and rules and regulations 15 promulgated thereunder, as now or hereafter amended. 16 G. Any employment of an employee in the stead of 17 another employee of the same employer pursuant to a 18 worktime exchange agreement between employees. 19 H. Any employee of a not-for-profit educational or 20 residential child care institution who (a) on a daily 21 basis is directly involved in educating or caring for 22 children who (1) are orphans, foster children, abused, 23 neglected or abandoned children, or are otherwise 24 homeless children and (2) reside in residential 25 facilities of the institution and (b) is compensated at 26 an annual rate of not less than $13,000 or, if the 27 employee resides in such facilities and receives without 28 cost board and lodging from such institution, not less 29 than $10,000. 30 (3) Any employer may employ any employee for a period or 31 periods of not more than 10 hours in the aggregate in any 32 workweek in excess of the maximum hours specified in 33 subsection (1) of this Section without paying the 34 compensation for overtime employment prescribed in subsection -3- LRB9214136WHcs 1 (1) if during that period or periods the employee is 2 receiving remedial education that: 3 (a) is provided to employees who lack a high school 4 diploma or educational attainment at the eighth grade 5 level; 6 (b) is designed to provide reading and other basic 7 skills at an eighth grade level or below; and 8 (c) does not include job specific training. 9 (Source: P.A. 88-122; 89-453, eff. 1-1-97.) 10 Section 10. The One Day Rest In Seven Act is amended by 11 changing Section 2 as follows: 12 (820 ILCS 140/2) (from Ch. 48, par. 8b) 13 Sec. 2. 14 Every employer shall allow every employee except those 15 specified in this Section at least twenty-four consecutive 16 hours of rest in every calendar week in addition to the 17 regular period of rest allowed at the close of each working 18 day. 19 This Section does not apply to the following: 20 (1) Part-time employees whose total work hours for one 21 employer during a calendar week do not exceed 20; and 22 (2) Employees needed in case of breakdown of machinery 23 or equipment or other emergency requiring the immediate 24 services of experienced and competent labor to prevent injury 25 to person, damage to property, or suspension of necessary 26 operation; and 27 (3) Employees employed in agriculture or coal mining; 28 and 29 (4) Employees engaged in the occupation of canning and 30 processing perishable agricultural products, if such 31 employees are employed by an employer in such occupation on a 32 seasonal basis and for not more than 20 weeks during any -4- LRB9214136WHcs 1 calendar year or 12 month period; and 2 (5) Employees employed as watchmen or security guards, 3 and any seamen or employees employed on a vessel which is a 4 towboat, tugboat, or barge engaged in navigation upon 5 navigable waters in furtherance of interstate commerce; and 6 (6) Employees who are employed in a bonafide executive, 7 administrative, or professional capacity or in the capacity 8 of an outside salesman, as defined in Section 12 (a) (1) of 9 the federal Fair Labor Standards Act, as amended, and those 10 employed as supervisors as defined in Section 2 (11) of the 11 National Labor Relations Act, as amended. 12 (Source: P.A. 78-1297.) 13 Section 15. The Eight Hour Work Day Act is amended by 14 changing Section 2 as follows: 15 (820 ILCS 145/2) (from Ch. 48, par. 2) 16 Sec. 2. This act shall not apply to or in any way affect 17 labor or service by the year, month or week; nor shall any 18 person be prevented by anything herein contained from working 19 as many hours over time or extra hours as he or she may 20 agree, and shall not, in any sense, be held to apply to farm 21 labor, nor to any seamen or employees employed on a vessel 22 which is a towboat, tugboat, or barge engaged in navigation 23 upon navigable waters in furtherance of interstate commerce. 24 (Source: Laws 1867, p. 101.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.
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