Full Text of HB3724 103rd General Assembly
HB3724 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3724 Introduced 2/17/2023___________, by SYNOPSIS AS INTRODUCED: |
| 820 ILCS 140/1 | from Ch. 48, par. 8a | 820 ILCS 140/2 | from Ch. 48, par. 8b |
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Amends the One Day Rest In Seven Act. Provides that in addition to the rest periods required under a specified provision of the Act, a law enforcement agency shall allow a law enforcement officer at least 24 consecutive hours of rest in either every consecutive 60-hour period or every calendar week, except while a disaster proclamation by the Governor is in effect.
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| | A BILL FOR |
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| 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 One Day Rest In Seven Act is amended by | 5 | | changing Sections 1 and 2 as follows:
| 6 | | (820 ILCS 140/1) (from Ch. 48, par. 8a)
| 7 | | Sec. 1.
The words and phrases mentioned in this section, | 8 | | as used in this Act,
and in proceedings pursuant hereto shall, | 9 | | unless the same be inconsistent
with the context, be construed | 10 | | as follows:
| 11 | | "Employer" shall mean a person, partnership, joint stock | 12 | | company or
corporation, which employs any person to work, | 13 | | labor or exercise skill in
connection with the operation of | 14 | | any business, industry, vocation or
occupation.
| 15 | | "Law enforcement agency" means all State agencies with law | 16 | | enforcement officers, county sheriff's offices, municipal, | 17 | | special district, college, unit of local government police | 18 | | departments, or any other entity authorized by law to employ | 19 | | peace officers or exercise police authority and who is | 20 | | primarily responsible for the prevention or detection of crime | 21 | | and the enforcement of the laws of this State. | 22 | | "Law enforcement officer" means any person employed by a | 23 | | State, county, municipality, special district, college, unit |
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| 1 | | of government, or any other entity authorized by law to employ | 2 | | peace officers or exercise police authority and who is | 3 | | primarily responsible for the prevention or detection of crime | 4 | | and the enforcement of the laws of this State. | 5 | | (Source: P.A. 78-917 .)
| 6 | | (820 ILCS 140/2) (from Ch. 48, par. 8b)
| 7 | | Sec. 2. Hours and days of rest in every consecutive | 8 | | seven-day period calendar week . | 9 | | (a) Every employer shall allow every employee except those | 10 | | specified
in this
Section at least twenty-four consecutive | 11 | | hours of rest in every consecutive seven-day period in | 12 | | addition to the regular period of rest allowed at the close of | 13 | | each
working day.
| 14 | | A person employed as a domestic worker, as defined in | 15 | | Section 10 of the Domestic Workers' Bill of Rights Act, shall | 16 | | be allowed at least 24 consecutive hours of rest in every | 17 | | consecutive seven-day period. This subsection (a) does not | 18 | | prohibit a domestic worker from voluntarily agreeing to work | 19 | | on such day of rest required by this subsection (a) if the | 20 | | worker is compensated at the overtime rate for all hours | 21 | | worked on such day of rest. The day of rest authorized under | 22 | | this subsection (a) should, whenever possible, coincide with | 23 | | the traditional day reserved by the domestic worker for | 24 | | religious worship. | 25 | | (b) Subsection (a) does not apply to the following:
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| 1 | | (1) Part-time employees whose total work hours for one | 2 | | employer during a
calendar week do not exceed 20; and
| 3 | | (2) Employees needed in case of breakdown of machinery | 4 | | or equipment or
other emergency requiring the immediate | 5 | | services of experienced and
competent labor to prevent | 6 | | injury to person, damage to property, or
suspension of | 7 | | necessary operation; and
| 8 | | (3) Employees employed in agriculture or coal mining; | 9 | | and
| 10 | | (4) Employees engaged in the occupation of canning and | 11 | | processing
perishable agricultural products, if such | 12 | | employees are employed by an
employer in such occupation | 13 | | on a seasonal basis and for not more than 20
weeks during | 14 | | any calendar year or 12 month period; and
| 15 | | (5) Employees employed as watchmen or security guards; | 16 | | and
| 17 | | (6) Employees who are employed in a bonafide | 18 | | executive, administrative,
or professional capacity or in | 19 | | the capacity of an outside salesman, as
defined in Section | 20 | | 12(a)(1) of the federal Fair Labor Standards Act, as
| 21 | | amended, and those employed as supervisors as defined in | 22 | | Section 2(11) of
the National Labor Relations Act, as | 23 | | amended; and
| 24 | | (7) Employees who are employed as crew members of any | 25 | | uninspected towing
vessel, as defined by Section 2101(40) | 26 | | of Title 46 of the United States Code,
operating in any |
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| 1 | | navigable waters in or along the boundaries of the State | 2 | | of
Illinois; and
| 3 | | (8) Employees for whom work hours, days of work, and | 4 | | rest periods are established through the collective | 5 | | bargaining process. | 6 | | (c) In addition to the rest periods required under | 7 | | subsection (a), a law enforcement agency shall allow a law | 8 | | enforcement officer at least 24 consecutive hours of rest in | 9 | | either every consecutive 60-hour period or every calendar | 10 | | week. This subsection (c) does not apply while a disaster | 11 | | proclamation by the Governor is in effect. | 12 | | (Source: P.A. 102-828, eff. 1-1-23; 102-1012, eff. 1-1-23; | 13 | | revised 12-14-22.)
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