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92_SB1812sam001 LRB9214136WHcsam01 1 AMENDMENT TO SENATE BILL 1812 2 AMENDMENT NO. . Amend Senate Bill 1812 by replacing 3 everything after the enacting clause with the following: 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 -2- LRB9214136WHcsam01 1 nonmanufacturing establishment primarily engaged in the 2 business of selling trailers, boats, or aircraft to 3 ultimate purchasers. 4 C. Any employer of agricultural labor, with respect 5 to such agricultural employment. 6 D. Any governmental body. 7 E. Any employee employed in a bona fide executive, 8 administrative or professional capacity, including any 9 radio or television announcer, news editor, or chief 10 engineer, as defined by or covered by the Federal Fair 11 Labor Standards Act of 1938, as now or hereafter amended. 12 For bona fide executive, administrative, and professional 13 employees of not-for-profit corporations, the Director 14 may, by regulation, adopt a weekly wage rate standard 15 lower than that provided for executive, administrative, 16 and professional employees covered under the Fair Labor 17 Standards Act of 1938, as now or hereafter amended. 18 F. Any commissioned employee as described in 19 paragraph (i) of Section 7 of the Federal Fair Labor 20 Standards Act of 1938 and rules and regulations 21 promulgated thereunder, as now or hereafter amended. 22 G. Any employment of an employee in the stead of 23 another employee of the same employer pursuant to a 24 worktime exchange agreement between employees. 25 H. Any employee of a not-for-profit educational or 26 residential child care institution who (a) on a daily 27 basis is directly involved in educating or caring for 28 children who (1) are orphans, foster children, abused, 29 neglected or abandoned children, or are otherwise 30 homeless children and (2) reside in residential 31 facilities of the institution and (b) is compensated at 32 an annual rate of not less than $13,000 or, if the 33 employee resides in such facilities and receives without 34 cost board and lodging from such institution, not less -3- LRB9214136WHcsam01 1 than $10,000. 2 I. Any employee employed as a crew member of any 3 uninspected towing vessel, as defined by Section 2101(40) 4 of Title 46 of the United States Code, operating in any 5 navigable waters in or along the boundaries of the State 6 of Illinois. 7 (3) Any employer may employ any employee for a period or 8 periods of not more than 10 hours in the aggregate in any 9 workweek in excess of the maximum hours specified in 10 subsection (1) of this Section without paying the 11 compensation for overtime employment prescribed in subsection 12 (1) if during that period or periods the employee is 13 receiving remedial education that: 14 (a) is provided to employees who lack a high school 15 diploma or educational attainment at the eighth grade 16 level; 17 (b) is designed to provide reading and other basic 18 skills at an eighth grade level or below; and 19 (c) does not include job specific training. 20 (Source: P.A. 88-122; 89-453, eff. 1-1-97.) 21 Section 10. The One Day Rest In Seven Act is amended by 22 changing Section 2 as follows: 23 (820 ILCS 140/2) (from Ch. 48, par. 8b) 24 Sec. 2. Every employer shall allow every employee 25 except those specified in this Section at least twenty-four 26 consecutive hours of rest in every calendar week in addition 27 to the regular period of rest allowed at the close of each 28 working day. 29 This Section does not apply to the following: 30 (1) Part-time employees whose total work hours for one 31 employer during a calendar week do not exceed 20; and 32 (2) Employees needed in case of breakdown of machinery -4- LRB9214136WHcsam01 1 or equipment or other emergency requiring the immediate 2 services of experienced and competent labor to prevent injury 3 to person, damage to property, or suspension of necessary 4 operation; and 5 (3) Employees employed in agriculture or coal mining; 6 and 7 (4) Employees engaged in the occupation of canning and 8 processing perishable agricultural products, if such 9 employees are employed by an employer in such occupation on a 10 seasonal basis and for not more than 20 weeks during any 11 calendar year or 12 month period; and 12 (5) Employees employed as watchmen or security guards; 13 and 14 (6) Employees who are employed in a bonafide executive, 15 administrative, or professional capacity or in the capacity 16 of an outside salesman, as defined in Section 12 (a) (1) of 17 the federal Fair Labor Standards Act, as amended, and those 18 employed as supervisors as defined in Section 2 (11) of the 19 National Labor Relations Act, as amended; and 20 (7) Employees who are employed as crew members of any 21 uninspected towing vessel, as defined by Section 2101(40) of 22 Title 46 of the United States Code, operating in any 23 navigable waters in or along the boundaries of the State of 24 Illinois. 25 (Source: P.A. 78-1297.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.".
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