[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB3176 LRB9207316WHcs 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 1. Short title. This Act may be cited as the 5 Mandatory Overtime Limitation Act. 6 Section 5. Legislative findings and declaration of 7 policy. The purpose of this Act is to reduce excessive 8 amounts of mandatory overtime which increase stresses on 9 family life, jeopardize the health and safety of employees, 10 and undermine the effectiveness of workplace operations. 11 The General Assembly finds that a growing number of 12 Illinois families include 2 working parents or only one 13 custodial parent. These parents often face a daily challenge 14 to balance the demands of their work lives and those of their 15 families. Working a full-time job requires complex child care 16 arrangements or juggling of schedules between spouses. Child 17 care providers or school schedules offer very little 18 flexibility. 19 The General Assembly finds that many employers do not 20 respect the schedules which employees are assigned to work, 21 but instead frequently impose requirements for mandatory 22 overtime with little or no advance notice. Such imposed 23 overtime can prevent employees from picking up children at 24 school or child care centers or require that they leave 25 children home unsupervised. Employees who refuse to work this 26 overtime because of concern for their children's well-being 27 face discipline or discharge. 28 The General Assembly finds that mandatory overtime can 29 also take a toll on the health and safety of employees. 30 Employees who work excessive amounts of overtime often suffer 31 from sleep deprivation and stress-related disorders. This -2- LRB9207316WHcs 1 places their own health at risk. It also jeopardizes their 2 coworkers and the quality of the work that they are 3 performing. 4 Section 10. Definitions. As used in this Act: 5 "Employer" means all private and public employers, 6 including the State and political subdivisions of the State. 7 "Overtime" means the hours worked in excess of 48 hours 8 in a week or 12 hours in a 24 hour period. 9 Section 15. Limits on mandatory overtime. If an employee 10 has worked 48 hours in a week, an employer may not require 11 the employee to work additional overtime during that week. If 12 an employee has worked 12 hours in a 24 hour period, an 13 employer may not require the employee to work additional 14 overtime during that 24 hour period. Any additional overtime 15 shall be on a voluntary basis. 16 Section 20. Exceptions. This Act does not apply to: 17 (1) Work performed in response to an emergency 18 declared by the Governor under the laws of the State. 19 (2) An employee who performs essential services for 20 the public. For purposes of this paragraph (2), 21 "essential services" means those services that are basic 22 or indispensable and are provided to the public as a 23 whole, including, but not limited to, utility service, 24 snowplowing, road maintenance, and telecommunications 25 service. 26 (3) An employee whose work is necessary to protect 27 the public health or safety, when the excess overtime is 28 required outside the normal course of business. 29 Any employee who falls under any of these exceptions and 30 who has worked 48 hours in a week or 12 hours in a 24 hour 31 period and who is mandated to work additional overtime by his -3- LRB9207316WHcs 1 or her employer during that week or 24 hour period shall be 2 paid at twice his or her regular hourly rate. 3 Section 25. Refusal to work mandatory overtime. The 4 refusal of any employee to accept mandatory overtime may not 5 be grounds for discrimination, dismissal, discharge, 6 retaliation, or an employment decision adverse to the 7 employee. 8 Section 99. Effective Date. This Act takes effect upon 9 becoming law.
[ Top ]