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

HB4600ham002 102ND GENERAL ASSEMBLY

Rep. Lakesia Collins

Filed: 2/23/2022

 

 


 

 


 
10200HB4600ham002LRB102 23985 SPS 36626 a

1
AMENDMENT TO HOUSE BILL 4600

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

 

 

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

 

 

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1        (6) Employees who are employed in a bonafide
2    executive, administrative, or professional capacity or in
3    the capacity of an outside salesman, as defined in Section
4    12 (a) (1) of the federal Fair Labor Standards Act, as
5    amended, and those employed as supervisors as defined in
6    Section 2 (11) of the National Labor Relations Act, as
7    amended; and
8        (7) Employees who are employed as crew members of any
9    uninspected towing vessel, as defined by Section 2101(40)
10    of Title 46 of the United States Code, operating in any
11    navigable waters in or along the boundaries of the State
12    of Illinois.
13(Source: P.A. 99-758, eff. 1-1-17.)
 
14    (820 ILCS 140/3)  (from Ch. 48, par. 8c)
15    Sec. 3. Every employer shall permit its employees who are
16to work for 7 1/2 continuous hours or longer, except those
17specified in this Section, at least 20 minutes for a meal
18period beginning no later than 5 hours after the start of the
19work period. An employee who works in excess of 7 1/2
20continuous hours shall be entitled to an additional 20-minute
21meal period for every additional 4 1/2 continuous hours
22worked. For purposes of this Section, a meal period does not
23include reasonable time spent using the restroom facilities.
24    This Section does not apply to employees for whom meal
25periods are established through the collective bargaining

 

 

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1process.
2    This Section does not apply to employees who monitor
3individuals with developmental disabilities or mental illness,
4or both, and who, in the course of those duties, are required
5to be on call during an entire 8 hour work period; however,
6those employees shall be allowed to eat a meal during the 8
7hour work period while continuing to monitor those
8individuals.
9    This Section does not apply to individuals who are
10employed by a private company and licensed under the Emergency
11Medical Services (EMS) Systems Act, are required to be on call
12during an entire 8-hour work period, and are not local
13government employees; however, those individuals shall be
14allowed to eat a meal during the 8-hour work period while on
15call.
16(Source: P.A. 100-1067, eff. 8-24-18.)
 
17    (820 ILCS 140/7)  (from Ch. 48, par. 8g)
18    Sec. 7. Civil offense.
19    (a) Any employer who violates Sections 2, 3, or 3.1 any of
20the provisions of this Act, shall be guilty of a civil petty
21offense, and shall be subject to a civil penalty as follows:
22fined for each offense in a sum of not less than $25 nor more
23than $100.
24        (1) For an employer with fewer than 25 employees, a
25    penalty not to exceed $250 per offense, payable to the

 

 

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1    Department of Labor, and damages of up to $250 per
2    offense, payable to the employee or employees affected.
3        (2) For an employer with 25 or more employees, a
4    penalty not to exceed $500 per offense, payable to the
5    Department of Labor, and damages of up to $500 per
6    offense, payable to the employee or employees affected.
7    (b) An offense under this Act shall be determined on an
8individual basis for each employee whose rights are violated.
9        (1) Each week that an employee is found to not have
10    been allowed 24 consecutive hours of rest as required in
11    Section 2 shall constitute a separate offense.
12        (2) Each day that an employee is found not to have been
13    provided a meal period as required in Section 3 shall
14    constitute a separate offense.
15        (3) A violation of Section 8.5 shall constitute a
16    single offense, and is subject to a civil penalty not to
17    exceed $250 payable to the Department of Labor.
18    (c) The Director of Labor shall enforce this Act in
19accordance with the Illinois Administrative Procedure Act. The
20Director of Labor shall have the powers and the parties shall
21have the rights provided in the Illinois Administrative
22Procedure Act for contested cases, including, but not limited
23to, provisions for depositions, subpoena power and procedures,
24and discovery and protective order procedures.
25    (d) Any funds collected by the Department of Labor under
26this Act shall be deposited into the Child Labor and Day and

 

 

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1Temporary Labor Services Enforcement Fund.
2(Source: P.A. 77-2418.)
 
3    (820 ILCS 140/8.5 new)
4    Sec. 8.5. Notification.
5    (a) Every employer covered by this Act shall post and keep
6posted, in one or more conspicuous places on the premises of
7the employer where notices to employees are customarily
8posted, a notice, to be provided by the Director of Labor,
9summarizing the requirements of this Act and information
10pertaining to the filing of a complaint. The Director of Labor
11shall provide copies of summaries and rules to employers upon
12request without charge.
13    (b) An employer with employees who do not regularly report
14to a physical workplace, and instead work remotely or travel
15for work, shall also provide the notice by email to its
16employees or on a website, regularly used by the employer to
17communicate work-related information, that all employees are
18able to regularly access, freely and without interference.
19    (c) Failure to provide notice as required by this Section
20shall be deemed a violation of this Act.
 
21    (820 ILCS 140/9)  (from Ch. 48, par. 8i)
22    Sec. 0.01 9. Short title. This Act may be cited as the One
23Day Rest In Seven Act.
24(Source: P.A. 86-1324)".