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| 1 | AN ACT concerning employment.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 1. Short title. This Act may be cited as the State | ||||||
| 5 | Facility Overtime Act. | ||||||
| 6 | Section 5. Definitions.
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| 7 | "State facility" includes all Department of Human Services | ||||||
| 8 | operated residential facilities including State mental health | ||||||
| 9 | hospitals, State developmental centers, treatment and | ||||||
| 10 | detention facilities for sexually violent persons, and State | ||||||
| 11 | residential schools for the deaf and visually impaired; all | ||||||
| 12 | Department of Veterans Affairs operated homes; all Department | ||||||
| 13 | of Corrections operated correctional centers, work camps, boot | ||||||
| 14 | camps, and adult transition centers; all Department of Juvenile | ||||||
| 15 | Justice operated youth centers and boot camps; and any other | ||||||
| 16 | State facility under the jurisdiction of these State agencies | ||||||
| 17 | that operates on a 24-hour basis.
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| 18 | "Mandatory overtime" means work in excess of an agreed | ||||||
| 19 | upon, predetermined, and regularly scheduled daily work shift, | ||||||
| 20 | not to exceed 40 hours per week, assigned to an employee | ||||||
| 21 | without the employee's consent. | ||||||
| 22 | "Employee" means an individual employed by a State facility | ||||||
| 23 | who is covered by a collective bargaining agreement.
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| 1 | "Director" means the Director, or designee of the Director, | ||||||
| 2 | of the State agency responsible for the operation of the State | ||||||
| 3 | facility or his or her agent. | ||||||
| 4 | "Department" means the Department of Labor and its agents.
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| 5 | Section 10. Legislative intent. The General Assembly finds | ||||||
| 6 | that years of staff cuts at State facilities such as prisons, | ||||||
| 7 | developmental and mental health centers, youth centers, and | ||||||
| 8 | veterans homes have created deplorable working conditions | ||||||
| 9 | including excessive overtime. Many State facilities routinely | ||||||
| 10 | use mandatory overtime to cover staff vacancies. This is | ||||||
| 11 | frequently on top of work schedules that are already in excess | ||||||
| 12 | of 40 hours per week. Excessive overtime is driving many | ||||||
| 13 | dedicated employees out of State service, exacerbating the | ||||||
| 14 | short staffing crisis. This impacts employee health, welfare, | ||||||
| 15 | and safety, as well as the ability of staff to deliver | ||||||
| 16 | necessary services.
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| 17 | Section 15. Ban on mandatory overtime. A Director shall not | ||||||
| 18 | require an employee to accept work in excess of an agreed-upon, | ||||||
| 19 | predetermined, and regularly scheduled daily work shift, not to | ||||||
| 20 | exceed 40 hours per week.
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| 21 | Section 20. Exceptions.
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| 22 | (a) The acceptance by any employee of work in excess of an | ||||||
| 23 | agreed-upon, predetermined, and regularly scheduled daily work | ||||||
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| 1 | shift, not to exceed 40 hours per week, shall be strictly | ||||||
| 2 | voluntary and the refusal of any employee to accept such | ||||||
| 3 | overtime work shall not be grounds for discrimination, | ||||||
| 4 | dismissal, discharge, or any other penalty or employment | ||||||
| 5 | decision adverse to the employee. | ||||||
| 6 | (b) This Act shall not apply in the event of any declared | ||||||
| 7 | national or State emergency or a disaster or other catastrophic | ||||||
| 8 | event that substantially affects or increases the need for | ||||||
| 9 | State services.
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| 10 | Section 25. Posting of Act and rules. Every Director | ||||||
| 11 | subject to any provision of this Act or any rules issued under | ||||||
| 12 | this Act shall keep a summary of this Act approved by the | ||||||
| 13 | Department, and copies of any applicable rules issued under | ||||||
| 14 | this Act, or a summary of those rules, posted in a conspicuous | ||||||
| 15 | and accessible place in or about the premises wherever any | ||||||
| 16 | person subject to this Act is employed. | ||||||
| 17 | Section 30. Investigation and enforcement. An employee or | ||||||
| 18 | the employee's collective bargaining representative may bring | ||||||
| 19 | a complaint to the Illinois Department of Labor if the employee | ||||||
| 20 | believes that the employee's Director is in violation of this | ||||||
| 21 | Act. The Department shall conduct an investigation of the | ||||||
| 22 | complaint. When an investigation results in a finding that the | ||||||
| 23 | employee suffered discrimination, dismissal, discharge, or any | ||||||
| 24 | other penalty or employment decision adverse to the employee as | ||||||
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| 1 | a result of refusing overtime, the Department has the authority | ||||||
| 2 | to make that employee whole. The Department shall adopt | ||||||
| 3 | administrative rules it deems appropriate to carry out the | ||||||
| 4 | purposes of this Act. | ||||||
| 5 | Section 35. Construction and applicability. Nothing in | ||||||
| 6 | this Act shall be construed to impair or negate the ability of | ||||||
| 7 | collective bargaining representatives of employees subject to | ||||||
| 8 | this Act from negotiating procedures and remedies that provide | ||||||
| 9 | to those covered employees rights that are additional to those | ||||||
| 10 | in this Act. Nothing in this Act shall be construed to limit | ||||||
| 11 | the enforcement of a collective bargaining arbitrator's | ||||||
| 12 | finding of a violation of this Act.
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| 13 | Section 99. Effective date. This Act takes effect upon | ||||||
| 14 | becoming law.
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