State of Illinois
92nd General Assembly
Legislation

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92_SB1812sam001

 










                                           LRB9214136WHcsam01

 1                    AMENDMENT TO SENATE BILL 1812

 2        AMENDMENT NO.     .  Amend Senate Bill 1812 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Minimum Wage Law is amended by changing
 5    Section 4a as follows:

 6        (820 ILCS 105/4a) (from Ch. 48, par. 1004a)
 7        Sec. 4a.   (1)  Except  as  otherwise  provided  in  this
 8    Section,  no employer shall employ any of his employees for a
 9    workweek of more than 40 hours unless such employee  receives
10    compensation  for his employment in excess of the hours above
11    specified at a rate not less than 1  1/2  times  the  regular
12    rate at which he is employed.
13        (2)  The provisions of subsection (1) of this Section are
14    not applicable to:
15             A.  Any  salesman  or  mechanic primarily engaged in
16        selling  or  servicing  automobiles,   trucks   or   farm
17        implements,  if  he  is  employed  by  a nonmanufacturing
18        establishment  primarily  engaged  in  the  business   of
19        selling   such   vehicles   or   implements  to  ultimate
20        purchasers.
21             B.  Any  salesman  primarily  engaged   in   selling
22        trailers,  boats,  or  aircraft,  if  he is employed by a
 
                            -2-            LRB9214136WHcsam01
 1        nonmanufacturing establishment primarily engaged  in  the
 2        business  of  selling  trailers,  boats,  or  aircraft to
 3        ultimate purchasers.
 4             C.  Any employer of agricultural labor, with respect
 5        to such agricultural employment.
 6             D.  Any governmental body.
 7             E.  Any employee employed in a bona fide  executive,
 8        administrative  or  professional  capacity, including any
 9        radio or television  announcer,  news  editor,  or  chief
10        engineer,  as  defined  by or covered by the Federal Fair
11        Labor Standards Act of 1938, as now or hereafter amended.
12        For bona fide executive, administrative, and professional
13        employees of not-for-profit  corporations,  the  Director
14        may,  by  regulation,  adopt  a weekly wage rate standard
15        lower than that provided for  executive,  administrative,
16        and  professional  employees covered under the Fair Labor
17        Standards Act of 1938, as now or hereafter amended.
18             F.  Any  commissioned  employee  as   described   in
19        paragraph  (i)  of  Section  7  of the Federal Fair Labor
20        Standards  Act  of  1938  and   rules   and   regulations
21        promulgated thereunder, as now or hereafter amended.
22             G.  Any  employment  of  an employee in the stead of
23        another employee of  the  same  employer  pursuant  to  a
24        worktime exchange agreement between employees.
25             H.  Any  employee of a not-for-profit educational or
26        residential child care institution who  (a)  on  a  daily
27        basis  is  directly  involved  in educating or caring for
28        children who (1) are orphans,  foster  children,  abused,
29        neglected   or   abandoned  children,  or  are  otherwise
30        homeless  children    and  (2)  reside   in   residential
31        facilities  of  the institution and (b) is compensated at
32        an annual rate of  not  less  than  $13,000  or,  if  the
33        employee  resides in such facilities and receives without
34        cost board and lodging from such  institution,  not  less
 
                            -3-            LRB9214136WHcsam01
 1        than $10,000.
 2             I.  Any  employee  employed  as a crew member of any
 3        uninspected towing vessel, as defined by Section 2101(40)
 4        of Title 46 of the United States Code, operating  in  any
 5        navigable  waters in or along the boundaries of the State
 6        of Illinois.
 7        (3)  Any employer may employ any employee for a period or
 8    periods of not more than 10 hours in  the  aggregate  in  any
 9    workweek   in  excess  of  the  maximum  hours  specified  in
10    subsection  (1)  of   this   Section   without   paying   the
11    compensation for overtime employment prescribed in subsection
12    (1)  if  during  that  period  or  periods  the  employee  is
13    receiving remedial education that:
14             (a)  is provided to employees who lack a high school
15        diploma  or  educational  attainment  at the eighth grade
16        level;
17             (b)  is designed to provide reading and other  basic
18        skills at an eighth grade level or below; and
19             (c)  does not include job specific training.
20    (Source: P.A. 88-122; 89-453, eff. 1-1-97.)

21        Section  10.  The One Day Rest In Seven Act is amended by
22    changing Section 2 as follows:

23        (820 ILCS 140/2) (from Ch. 48, par. 8b)
24        Sec. 2.    Every  employer  shall  allow  every  employee
25    except  those  specified in this Section at least twenty-four
26    consecutive hours of rest in every calendar week in  addition
27    to  the  regular  period of rest allowed at the close of each
28    working day.
29        This Section does not apply to the following:
30        (1)  Part-time employees whose total work hours  for  one
31    employer during a calendar week do not exceed 20; and
32        (2)  Employees  needed  in case of breakdown of machinery
 
                            -4-            LRB9214136WHcsam01
 1    or equipment  or  other  emergency  requiring  the  immediate
 2    services of experienced and competent labor to prevent injury
 3    to  person,  damage  to  property, or suspension of necessary
 4    operation; and
 5        (3)  Employees employed in agriculture  or  coal  mining;
 6    and
 7        (4)  Employees  engaged  in the occupation of canning and
 8    processing  perishable   agricultural   products,   if   such
 9    employees are employed by an employer in such occupation on a
10    seasonal  basis  and  for  not  more than 20 weeks during any
11    calendar year or 12 month period; and
12        (5)  Employees employed as watchmen or  security  guards;
13    and
14        (6)  Employees  who are employed in a bonafide executive,
15    administrative, or professional capacity or in  the  capacity
16    of  an  outside salesman, as defined in Section 12 (a) (1) of
17    the federal Fair Labor Standards Act, as amended,  and  those
18    employed  as  supervisors as defined in Section 2 (11) of the
19    National Labor Relations Act, as amended; and
20        (7)  Employees who are employed as crew  members  of  any
21    uninspected  towing vessel, as defined by Section 2101(40) of
22    Title  46  of  the  United  States  Code,  operating  in  any
23    navigable waters in or along the boundaries of the  State  of
24    Illinois.
25    (Source: P.A. 78-1297.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.".

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