HB5929 96TH GENERAL ASSEMBLY

LRB096 17629 WGH 32987 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5929

Introduced 2/10/2010, by Rep. Emily McAsey

SYNOPSIS AS INTRODUCED:

New Act

Creates the State Facility Overtime Act. Provides that the Director of the State agency responsible for the operation of specified State facilities (or the Director's designee or agent) may not require an employee to accept work in excess of an agreed upon, predetermined, and regularly scheduled daily work shift, not to exceed 40 hours per week. Provides for: exceptions to the prohibition; posting a summary of the Act and applicable rules; investigation of complaints by the Illinois Department of Labor and disposition of complaints; adoption of administrative rules; construction; and other matters. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the State Facility Overtime Act.

Section 5. Definitions.

"State facility" includes all Department of Human Services operated residential facilities including State mental health hospitals, State developmental centers, treatment and detention facilities for sexually violent persons, and State residential schools for the deaf and visually impaired; all Department of Veterans Affairs operated homes; all Department of Corrections operated correctional centers, work camps, boot camps, and adult transition centers; all Department of Juvenile Justice operated youth centers and boot camps; and any other State facility under the jurisdiction of these State agencies that operates on a 24-hour basis.

"Mandatory overtime" means work in excess of an agreed upon, predetermined, and regularly scheduled daily work shift, not to exceed 40 hours per week, assigned to an employee without the employee's consent.

"Employee" means an individual employed by a State facility who is covered by a collective bargaining agreement.

"Director" means the Director, or designee of the Director, of the State agency responsible for the operation of the State facility or his or her agent.

"Department" means the Department of Labor and its agents.

Section 10. Legislative intent. The General Assembly finds that years of staff cuts at State facilities such as prisons, developmental and mental health centers, youth centers, and veterans homes have created deplorable working conditions including excessive overtime. Many State facilities routinely use mandatory overtime to cover staff vacancies. This is frequently on top of work schedules that are already in excess of 40 hours per week. Excessive overtime is driving many dedicated employees out of State service, exacerbating the short staffing crisis. This impacts employee health, welfare, and safety, as well as the ability of staff to deliver necessary services.

Section 15. Ban on mandatory overtime. A Director shall not require an employee to accept work in excess of an agreed-upon, predetermined, and regularly scheduled daily work shift, not to exceed 40 hours per week.

Section 20. Exceptions.

(a) The acceptance by any employee of work in excess of an agreed-upon, predetermined, and regularly scheduled daily work shift, not to exceed 40 hours per week, shall be strictly voluntary and the refusal of any employee to accept such overtime work shall not be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the employee.

(b) This Act shall not apply in the event of any declared national or State emergency or a disaster or other catastrophic event that substantially affects or increases the need for State services, including an act of terrorism, a natural disaster, or a widespread disease outbreak, nor shall it apply in the event of unexpected absences discovered at the commencement of a shift which could not be prudently planned for by the employer and which would significantly affect safety or care.

Section 25. Posting of Act and rules. Every Director subject to any provision of this Act or any rules issued under this Act shall keep a summary of this Act approved by the Department, and copies of any applicable rules issued under this Act, or a summary of those rules, posted in a conspicuous and accessible place in or about the premises wherever any person subject to this Act is employed.

Section 30. Investigation and enforcement. An employee or the employee's collective bargaining representative may bring a complaint to the Illinois Department of Labor if the employee believes that the employee's Director is in violation of this Act. The Department shall conduct an investigation of the complaint. When an investigation results in a finding that the employee suffered discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the employee as a result of refusing overtime, the Department has the authority to make that employee whole. The Department shall adopt administrative rules it deems appropriate to carry out the purposes of this Act.

Section 35. Construction and applicability. Nothing in this Act shall be construed to impair or negate the ability of collective bargaining representatives of employees subject to this Act from negotiating procedures and remedies that provide to those covered employees rights that are additional to those in this Act. Nothing in this Act shall be construed to limit the enforcement of a collective bargaining arbitrator's finding of a violation of this Act.

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