Rep. Lou Lang
Filed: 4/2/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 2100 




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    AMENDMENT NO. ______. Amend House Bill 2100  by replacing 
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everything after the enacting clause with the following:


 
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    "Section 1. Short title.  This Act may be cited as the 
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Mandatory Overtime
Limitation Act.


 
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    Section 5. Legislative findings and declaration of policy. 
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The purpose of
this
Act is to reduce excessive amounts of 
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mandatory overtime which increase
stresses
on family life, 
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jeopardize the health and safety of employees, and undermine

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the
effectiveness of workplace operations.

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    The General Assembly finds that a growing number of 
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Illinois families
include 2 working parents or only one 
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custodial parent. These parents often
face a daily challenge to 
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balance the demands of their work lives and those of
their 
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families. Working a full-time job requires complex child care

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arrangements or
juggling of schedules between spouses. Child 
 


 






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care providers or school schedules
offer very little 
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flexibility.

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    The General Assembly finds that many employers do not 
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respect the
schedules which employees are assigned to work, but 
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instead frequently impose
requirements for mandatory overtime 
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with little or no advance notice. Such
imposed overtime can 
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prevent employees from picking up children at school or
child 
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care centers or require that they leave children home 
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unsupervised.
Employees who refuse to work this overtime 
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because of concern for their
children's well-being face 
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discipline or discharge.

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    The General Assembly finds that mandatory overtime can also 
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take a toll on
the health and safety of employees. Employees 
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who work excessive amounts of
overtime often suffer from sleep 
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deprivation and stress-related disorders. This
places their 
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own health at risk. It also jeopardizes their coworkers and the

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quality of the work that they are performing.


 
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    Section 10. Definitions.  As used in this Act:

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    "Employer" means any telecommunications business entity 
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that does business in the State of Illinois.


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    "Overtime" means the hours worked in excess of 48 hours in 
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a week or 12
hours in a 24 hour period.



 
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    Section 15. Limits on mandatory overtime.  If an employee 
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has worked 48 hours
in
a week, an employer may not require the 
 


 






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employee to work additional overtime
during that week. If an 
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employee has worked 12 hours in a 24 hour period, an
employer 
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may not require the employee to work additional overtime during 
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that
24 hour period. Any additional overtime shall be on a 
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voluntary basis.



 
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    Section 20. Exceptions.  This Act does not apply to:


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        (1) Work performed in response to an emergency declared 
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    by the Governor
under
the
laws of the State.



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        (2) An employee whose work is necessary to protect the 
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    public health or
safety,
when
the excess overtime is 
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    required outside the normal course of business.


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    Any employee who falls under any of these exceptions and 
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who has worked 48
hours in a
week or 12 hours in a 24 hour 
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period and who is mandated to work additional
overtime by his 
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or her employer during that week or 24 hour period shall be

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paid at
twice his or her regular hourly rate.



 
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    Section 25. Refusal to work mandatory overtime. The refusal 
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of any employee
to
accept mandatory overtime may not be grounds 
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for discrimination, dismissal,
discharge, retaliation, or an 
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employment decision adverse to the employee.



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