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| Public Act 099-0017 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Minimum Wage Law is amended by changing | ||||
Section 4a as follows:
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(820 ILCS 105/4a) (from Ch. 48, par. 1004a)
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Sec. 4a. (1) Except as otherwise provided in this Section, | ||||
no employer
shall employ any of his employees for a workweek of | ||||
more than 40 hours
unless such employee receives compensation | ||||
for his employment in excess of
the hours above specified at a | ||||
rate not less than 1 1/2 times the regular
rate at which he is | ||||
employed.
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(2) The provisions of subsection (1) of this Section are | ||||
not applicable to:
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A. Any salesman or mechanic primarily engaged in | ||||
selling or servicing
automobiles, trucks or farm | ||||
implements, if he is employed by a nonmanufacturing
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establishment primarily engaged in the business of selling | ||||
such vehicles
or implements to ultimate purchasers.
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B. Any salesman primarily engaged in selling trailers, | ||||
boats, or aircraft,
if he is employed by a nonmanufacturing | ||||
establishment primarily engaged
in the business of selling | ||||
trailers, boats, or aircraft to ultimate purchasers.
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C. Any employer of agricultural labor, with respect to | ||
such
agricultural employment.
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D. Any employee of a governmental body excluded from | ||
the definition of "employee" under paragraph (e)(2)(C) of | ||
Section 3 of the Federal Fair Labor Standards Act of 1938.
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E. Any employee employed in a bona fide executive, | ||
administrative or
professional capacity, including any | ||
radio or television announcer, news
editor, or chief | ||
engineer, as defined by or covered by the Federal Fair
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Labor Standards Act
of 1938 and the rules adopted under
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that Act, as both exist on March 30, 2003, but compensated
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at the amount of salary specified in subsections (a) and
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(b) of Section 541.600 of Title 29 of the Code of Federal
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Regulations as proposed in the Federal Register on March
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31, 2003 or a greater amount of salary as may be adopted by
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the United States Department of Labor. For bona fide | ||
executive,
administrative, and professional employees of | ||
not-for-profit corporations,
the Director may, by | ||
regulation, adopt a weekly wage rate standard lower
than | ||
that provided for executive, administrative, and | ||
professional
employees covered under the Fair Labor | ||
Standards Act of 1938, as now or
hereafter amended.
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F. Any commissioned employee as described in paragraph | ||
(i) of Section
7 of the Federal Fair Labor Standards Act of | ||
1938 and rules and regulations
promulgated thereunder, as | ||
now or hereafter amended.
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G. Any employment of an employee in the stead of | ||
another employee of the
same employer pursuant to a | ||
worktime exchange agreement between employees.
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H. Any employee of a not-for-profit educational or | ||
residential child care
institution who (a) on a daily basis | ||
is directly involved in educating or
caring for children | ||
who (1) are orphans, foster children, abused,
neglected or | ||
abandoned children, or are otherwise homeless children
and | ||
(2) reside in residential facilities of the institution and | ||
(b) is
compensated at an annual rate of not less than | ||
$13,000 or, if the employee
resides in such facilities and | ||
receives without cost board and lodging from
such | ||
institution, not less than $10,000.
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I. Any employee employed as a crew member of any | ||
uninspected towing
vessel, as defined by Section 2101(40) | ||
of Title 46 of the United States Code,
operating in any | ||
navigable waters in or along the boundaries of the State of
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Illinois.
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J. Any employee who is a member of a bargaining unit | ||
recognized by the Illinois Labor Relations Board and whose | ||
union has contractually agreed to an alternate shift | ||
schedule as allowed by subsection (b) of Section 7 of the | ||
Fair Labor Standards Act of 1938. | ||
(3) Any employer may employ any employee for a period or | ||
periods of not
more than 10 hours in the aggregate in any | ||
workweek in excess of the maximum
hours specified in subsection | ||
(1) of this Section without paying the
compensation for | ||
overtime employment prescribed in subsection (1) if during
that | ||
period or periods the employee is receiving remedial education | ||
that:
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(a) is provided to employees who lack a high school | ||
diploma or educational
attainment at the eighth grade | ||
level;
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(b) is designed to provide reading and other basic | ||
skills at an eighth
grade level or below; and
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(c) does not include job specific training. | ||
(4) A governmental body is not in violation of subsection | ||
(1) if the governmental body provides compensatory time | ||
pursuant to paragraph (o) of Section 7 of the Federal Fair | ||
Labor Standards Act of 1938, as now or hereafter amended, or is | ||
engaged in fire protection or law enforcement activities and | ||
meets the requirements of paragraph (k) of Section 7 or | ||
paragraph (b)(20) of Section 13 of the Federal Fair Labor | ||
Standards Act of 1938, as now or hereafter amended.
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(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)
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