Illinois General Assembly - Full Text of HB4600
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Full Text of HB4600  102nd General Assembly

HB4600ham001 102ND GENERAL ASSEMBLY

Rep. Lakesia Collins

Filed: 1/31/2022

 

 


 

 


 
10200HB4600ham001LRB102 23985 SPS 35642 a

1
AMENDMENT TO HOUSE BILL 4600

2    AMENDMENT NO. ______. Amend House Bill 4600 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The One Day Rest In Seven Act is amended by
5changing Sections 2 and 7, adding Section 8.5, and renumbering
6Section 9 as follows:
 
7    (820 ILCS 140/2)  (from Ch. 48, par. 8b)
8    Sec. 2. Hours and days of rest in every calendar week.
9    (a) Every employer shall allow every employee except those
10specified in this Section at least twenty-four consecutive
11hours of rest in every consecutive 7-day period calendar week
12in addition to the regular period of rest allowed at the close
13of each working day.
14    A person employed as a domestic worker, as defined in
15Section 10 of the Domestic Workers' Bill of Rights Act, shall
16be allowed at least 24 consecutive hours of rest in every

 

 

10200HB4600ham001- 2 -LRB102 23985 SPS 35642 a

1consecutive 7-day period calendar week. This subsection (a)
2does not prohibit a domestic worker from voluntarily agreeing
3to work on such day of rest required by this subsection (a) if
4the worker is compensated at the overtime rate for all hours
5worked on such day of rest. The day of rest authorized under
6this subsection (a) should, whenever possible, coincide with
7the traditional day reserved by the domestic worker for
8religious worship.
9    (b) Subsection (a) does not apply to the following:
10        (1) Part-time employees whose total work hours for one
11    employer during a calendar week do not exceed 20; and
12        (2) Employees needed in case of breakdown of machinery
13    or equipment or other emergency requiring the immediate
14    services of experienced and competent labor to prevent
15    injury to person, damage to property, or suspension of
16    necessary operation; and
17        (3) Employees employed in agriculture or coal mining;
18    and
19        (4) Employees engaged in the occupation of canning and
20    processing perishable agricultural products, if such
21    employees are employed by an employer in such occupation
22    on a seasonal basis and for not more than 20 weeks during
23    any calendar year or 12 month period; and
24        (5) Employees employed as watchmen or security guards;
25    and
26        (6) Employees who are employed in a bonafide

 

 

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1    executive, administrative, or professional capacity or in
2    the capacity of an outside salesman, as defined in Section
3    12 (a) (1) of the federal Fair Labor Standards Act, as
4    amended, and those employed as supervisors as defined in
5    Section 2 (11) of the National Labor Relations Act, as
6    amended; and
7        (7) Employees who are employed as crew members of any
8    uninspected towing vessel, as defined by Section 2101(40)
9    of Title 46 of the United States Code, operating in any
10    navigable waters in or along the boundaries of the State
11    of Illinois.
12(Source: P.A. 99-758, eff. 1-1-17.)
 
13    (820 ILCS 140/7)  (from Ch. 48, par. 8g)
14    Sec. 7. Civil offense.
15    (a) Any employer who violates any of the provisions of
16this Act, shall be guilty of a civil petty offense, and shall
17be subject to a civil penalty of up to $500 per offense,
18payable to the Department of Labor, and damages of up to $500
19per offense, payable to the employee or employees affected.
20Each employee whose rights are violated under this Act shall
21constitute a separate offense. Each week that an employee is
22found to not have been allowed 24 consecutive hours of rest as
23required in Section 2 shall constitute a separate offense.
24Each day that an employee is found not to have been provided a
25meal period as required in Section 3 shall constitute a

 

 

10200HB4600ham001- 4 -LRB102 23985 SPS 35642 a

1separate offense fined for each offense in a sum of not less
2than $25 nor more than $100.
3    (b) The Director of Labor shall enforce this Act in
4accordance with the Illinois Administrative Procedure Act. The
5Director of Labor shall have the powers and the parties shall
6have the rights provided in the Illinois Administrative
7Procedure Act for contested cases, including, but not limited
8to, provisions for depositions, subpoena power and procedures,
9and discovery and protective order procedures.
10    (c) Any Funds collected by the Department of Labor under
11this Act shall be deposited into the Child Labor and Day and
12Temporary Labor Services Enforcement Fund.
13(Source: P.A. 77-2418.)
 
14    (820 ILCS 140/8.5 new)
15    Sec. 8.5. Notification.
16    (a) Every employer covered by this Act shall post and keep
17posted, in one or more conspicuous places on the premises of
18the employer where notices to employees are customarily
19posted, a notice, to be provided by the Director of Labor,
20summarizing the requirements of this Act and information
21pertaining to the filing of a complaint. The Director of Labor
22shall provide copies of summaries and rules to employers upon
23request without charge.
24    (b) An employer with employees who do not regularly report
25to a physical workplace, and instead work remotely or travel

 

 

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1for work, shall also provide the notice by email to its
2employees or on a website, regularly used by the employer to
3communicate work-related information, that all employees are
4able to regularly access, freely and without interference.
5    (c) Failure to provide notice as required by this Section
6shall be deemed a violation of this Act.
 
7    (820 ILCS 140/9)  (from Ch. 48, par. 8i)
8    Sec. 0.01 9. Short title. This Act may be cited as the One
9Day Rest In Seven Act.
10(Source: P.A. 86-1324)".