Rep. Lakesia Collins
Filed: 1/31/2022
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4600
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4600 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The One Day Rest In Seven Act is amended by | ||||||
5 | changing Sections 2 and 7, adding Section 8.5, and renumbering | ||||||
6 | Section 9 as follows:
| ||||||
7 | (820 ILCS 140/2) (from Ch. 48, par. 8b)
| ||||||
8 | Sec. 2. Hours and days of rest in every calendar week. | ||||||
9 | (a) Every employer shall allow every employee except those | ||||||
10 | specified
in this
Section at least twenty-four consecutive | ||||||
11 | hours of rest in every consecutive 7-day period calendar
week | ||||||
12 | in addition to the regular period of rest allowed at the close | ||||||
13 | of each
working day.
| ||||||
14 | A person employed as a domestic worker, as defined in | ||||||
15 | Section 10 of the Domestic Workers' Bill of Rights Act, shall | ||||||
16 | be allowed at least 24 consecutive hours of rest in every |
| |||||||
| |||||||
1 | consecutive 7-day period calendar week . This subsection (a) | ||||||
2 | does not prohibit a domestic worker from voluntarily agreeing | ||||||
3 | to work on such day of rest required by this subsection (a) if | ||||||
4 | the worker is compensated at the overtime rate for all hours | ||||||
5 | worked on such day of rest. The day of rest authorized under | ||||||
6 | this subsection (a) should, whenever possible, coincide with | ||||||
7 | the traditional day reserved by the domestic worker for | ||||||
8 | religious worship. | ||||||
9 | (b) Subsection (a) does not apply to the following:
| ||||||
10 | (1) Part-time employees whose total work hours for one | ||||||
11 | employer during a
calendar week do not exceed 20; and
| ||||||
12 | (2) Employees needed in case of breakdown of machinery | ||||||
13 | or equipment or
other emergency requiring the immediate | ||||||
14 | services of experienced and
competent labor to prevent | ||||||
15 | injury to person, damage to property, or
suspension of | ||||||
16 | necessary operation; and
| ||||||
17 | (3) Employees employed in agriculture or coal mining; | ||||||
18 | and
| ||||||
19 | (4) Employees engaged in the occupation of canning and | ||||||
20 | processing
perishable agricultural products, if such | ||||||
21 | employees are employed by an
employer in such occupation | ||||||
22 | on a seasonal basis and for not more than 20
weeks during | ||||||
23 | any calendar year or 12 month period; and
| ||||||
24 | (5) Employees employed as watchmen or security guards; | ||||||
25 | and
| ||||||
26 | (6) Employees who are employed in a bonafide |
| |||||||
| |||||||
1 | executive, administrative,
or professional capacity or in | ||||||
2 | the capacity of an outside salesman, as
defined in Section | ||||||
3 | 12 (a) (1) of the federal Fair Labor Standards Act, as
| ||||||
4 | amended, and those employed as supervisors as defined in | ||||||
5 | Section 2 (11) of
the National Labor Relations Act, as | ||||||
6 | amended; and
| ||||||
7 | (7) Employees who are employed as crew members of any | ||||||
8 | uninspected towing
vessel, as defined by Section 2101(40) | ||||||
9 | of Title 46 of the United States Code,
operating in any | ||||||
10 | navigable waters in or along the boundaries of the State | ||||||
11 | of
Illinois.
| ||||||
12 | (Source: P.A. 99-758, eff. 1-1-17 .)
| ||||||
13 | (820 ILCS 140/7) (from Ch. 48, par. 8g)
| ||||||
14 | Sec. 7. Civil offense. | ||||||
15 | (a) Any employer who violates any of the provisions of | ||||||
16 | this Act, shall be
guilty of a civil petty offense, and shall | ||||||
17 | be subject to a civil penalty of up to $500 per offense, | ||||||
18 | payable to the Department of Labor, and damages of up to $500 | ||||||
19 | per offense, payable to the employee or employees affected. | ||||||
20 | Each employee whose rights are violated under this Act shall | ||||||
21 | constitute a separate offense. Each week that an employee is | ||||||
22 | found to not have been allowed 24 consecutive hours of rest as | ||||||
23 | required in Section 2 shall constitute a separate offense. | ||||||
24 | Each day that an employee is found not to have been provided a | ||||||
25 | meal period as required in Section 3 shall constitute a |
| |||||||
| |||||||
1 | separate offense fined for each offense in a sum of
not less | ||||||
2 | than $25 nor more than $100 .
| ||||||
3 | (b) The Director of Labor shall enforce this Act in | ||||||
4 | accordance with the Illinois Administrative Procedure Act. The | ||||||
5 | Director of Labor shall have the powers and the parties shall | ||||||
6 | have the rights provided in the Illinois Administrative | ||||||
7 | Procedure Act for contested cases, including, but not limited | ||||||
8 | to, provisions for depositions, subpoena power and procedures, | ||||||
9 | and discovery and protective order procedures. | ||||||
10 | (c) Any Funds collected by the Department of Labor under | ||||||
11 | this Act shall be deposited into the Child Labor and Day and | ||||||
12 | Temporary Labor Services Enforcement Fund. | ||||||
13 | (Source: P.A. 77-2418 .)
| ||||||
14 | (820 ILCS 140/8.5 new) | ||||||
15 | Sec. 8.5. Notification. | ||||||
16 | (a) Every employer covered by this Act shall post and keep | ||||||
17 | posted, in one or more conspicuous places on the premises of | ||||||
18 | the employer where notices to employees are customarily | ||||||
19 | posted, a notice, to be provided by the Director of Labor, | ||||||
20 | summarizing the requirements of this Act and information | ||||||
21 | pertaining to the filing of a complaint. The Director of Labor | ||||||
22 | shall provide copies of summaries and rules to employers upon | ||||||
23 | request without charge. | ||||||
24 | (b) An employer with employees who do not regularly report | ||||||
25 | to a physical workplace, and instead work remotely or travel |
| |||||||
| |||||||
1 | for work, shall also provide the notice by email to its | ||||||
2 | employees or on a website, regularly used by the employer to | ||||||
3 | communicate work-related information, that all employees are | ||||||
4 | able to regularly access, freely and without interference. | ||||||
5 | (c) Failure to provide notice as required by this Section | ||||||
6 | shall be deemed a violation of this Act.
| ||||||
7 | (820 ILCS 140/9) (from Ch. 48, par. 8i)
| ||||||
8 | Sec. 0.01 9 . Short title. This Act may be cited as the
One | ||||||
9 | Day Rest In Seven Act.
| ||||||
10 | (Source: P.A. 86-1324)".
|