Rep. Lakesia Collins
Filed: 2/23/2022
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1 | AMENDMENT TO HOUSE BILL 4600
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2 | AMENDMENT NO. ______. Amend House Bill 4600, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The One Day Rest In Seven Act is amended by | ||||||
6 | changing Sections 2, 3, and 7, adding Section 8.5, and | ||||||
7 | renumbering Section 9 as follows:
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8 | (820 ILCS 140/2) (from Ch. 48, par. 8b)
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9 | Sec. 2. Hours and days of rest in every calendar week. | ||||||
10 | (a) Every employer shall allow every employee except those | ||||||
11 | specified
in this
Section at least twenty-four consecutive | ||||||
12 | hours of rest in every consecutive seven-day period calendar
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13 | week in addition to the regular period of rest allowed at the | ||||||
14 | close of each
working day.
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15 | A person employed as a domestic worker, as defined in | ||||||
16 | Section 10 of the Domestic Workers' Bill of Rights Act, shall |
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1 | be allowed at least 24 consecutive hours of rest in every | ||||||
2 | consecutive seven-day period calendar week . This subsection | ||||||
3 | (a) does not prohibit a domestic worker from voluntarily | ||||||
4 | agreeing to work on such day of rest required by this | ||||||
5 | subsection (a) if the worker is compensated at the overtime | ||||||
6 | rate for all hours worked on such day of rest. The day of rest | ||||||
7 | authorized under this subsection (a) should, whenever | ||||||
8 | possible, coincide with the traditional day reserved by the | ||||||
9 | domestic worker for religious worship. | ||||||
10 | (b) Subsection (a) does not apply to the following:
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11 | (1) Part-time employees whose total work hours for one | ||||||
12 | employer during a
calendar week do not exceed 20; and
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13 | (2) Employees needed in case of breakdown of machinery | ||||||
14 | or equipment or
other emergency requiring the immediate | ||||||
15 | services of experienced and
competent labor to prevent | ||||||
16 | injury to person, damage to property, or
suspension of | ||||||
17 | necessary operation; and
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18 | (3) Employees employed in agriculture or coal mining; | ||||||
19 | and
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20 | (4) Employees engaged in the occupation of canning and | ||||||
21 | processing
perishable agricultural products, if such | ||||||
22 | employees are employed by an
employer in such occupation | ||||||
23 | on a seasonal basis and for not more than 20
weeks during | ||||||
24 | any calendar year or 12 month period; and
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25 | (5) Employees employed as watchmen or security guards; | ||||||
26 | and
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1 | (6) Employees who are employed in a bonafide | ||||||
2 | executive, administrative,
or professional capacity or in | ||||||
3 | the capacity of an outside salesman, as
defined in Section | ||||||
4 | 12 (a) (1) of the federal Fair Labor Standards Act, as
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5 | amended, and those employed as supervisors as defined in | ||||||
6 | Section 2 (11) of
the National Labor Relations Act, as | ||||||
7 | amended; and
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8 | (7) Employees who are employed as crew members of any | ||||||
9 | uninspected towing
vessel, as defined by Section 2101(40) | ||||||
10 | of Title 46 of the United States Code,
operating in any | ||||||
11 | navigable waters in or along the boundaries of the State | ||||||
12 | of
Illinois.
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13 | (Source: P.A. 99-758, eff. 1-1-17 .)
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14 | (820 ILCS 140/3) (from Ch. 48, par. 8c)
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15 | Sec. 3.
Every employer shall permit its employees who are | ||||||
16 | to work for 7 1/2
continuous hours or longer , except those | ||||||
17 | specified in this Section, at
least 20 minutes for a meal | ||||||
18 | period beginning no later than 5 hours after
the start of the | ||||||
19 | work period. An employee who works in excess of 7 1/2 | ||||||
20 | continuous hours shall be entitled to an additional 20-minute | ||||||
21 | meal period for every additional 4 1/2 continuous hours | ||||||
22 | worked. For purposes of this Section, a meal period does not | ||||||
23 | include reasonable time spent using the restroom facilities.
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24 | This Section does not apply to employees for whom meal | ||||||
25 | periods are
established through the collective bargaining |
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1 | process.
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2 | This Section does not apply to employees who monitor | ||||||
3 | individuals with
developmental disabilities or mental illness, | ||||||
4 | or both, and who, in the course
of those duties, are required | ||||||
5 | to be on call during an entire 8 hour work
period; however, | ||||||
6 | those employees shall be allowed to eat a meal during the 8
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7 | hour work period while continuing to monitor those | ||||||
8 | individuals. | ||||||
9 | This Section does not apply to individuals who are | ||||||
10 | employed by a private company and licensed under the Emergency | ||||||
11 | Medical Services (EMS) Systems Act, are required to be on call | ||||||
12 | during an entire 8-hour work period, and are not local | ||||||
13 | government employees; however, those individuals shall be | ||||||
14 | allowed to eat a meal during the 8-hour work period while on | ||||||
15 | call.
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16 | (Source: P.A. 100-1067, eff. 8-24-18.)
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17 | (820 ILCS 140/7) (from Ch. 48, par. 8g)
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18 | Sec. 7. Civil offense. | ||||||
19 | (a) Any employer who violates Sections 2, 3, or 3.1 any of | ||||||
20 | the provisions of this Act, shall be
guilty of a civil petty | ||||||
21 | offense, and shall be subject to a civil penalty as follows: | ||||||
22 | fined for each offense in a sum of
not less than $25 nor more | ||||||
23 | than $100.
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24 | (1) For an employer with fewer than 25 employees, a | ||||||
25 | penalty not to exceed $250 per offense, payable to the |
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1 | Department of Labor, and damages of up to $250 per | ||||||
2 | offense, payable to the employee or employees affected. | ||||||
3 | (2) For an employer with 25 or more employees, a | ||||||
4 | penalty not to exceed $500 per offense, payable to the | ||||||
5 | Department of Labor, and damages of up to $500 per | ||||||
6 | offense, payable to the employee or employees affected. | ||||||
7 | (b) An offense under this Act shall be determined on an | ||||||
8 | individual basis for each employee whose rights are violated. | ||||||
9 | (1) Each week that an employee is found to not have | ||||||
10 | been allowed 24 consecutive hours of rest as required in | ||||||
11 | Section 2 shall constitute a separate offense. | ||||||
12 | (2) Each day that an employee is found not to have been | ||||||
13 | provided a meal period as required in Section 3 shall | ||||||
14 | constitute a separate offense. | ||||||
15 | (3) A violation of Section 8.5 shall constitute a | ||||||
16 | single offense, and is subject to a civil penalty not to | ||||||
17 | exceed $250 payable to the Department of Labor. | ||||||
18 | (c) The Director of Labor shall enforce this Act in | ||||||
19 | accordance with the Illinois Administrative Procedure Act. The | ||||||
20 | Director of Labor shall have the powers and the parties shall | ||||||
21 | have the rights provided in the Illinois Administrative | ||||||
22 | Procedure Act for contested cases, including, but not limited | ||||||
23 | to, provisions for depositions, subpoena power and procedures, | ||||||
24 | and discovery and protective order procedures. | ||||||
25 | (d) Any funds collected by the Department of Labor under | ||||||
26 | this Act shall be deposited into the Child Labor and Day and |
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1 | Temporary Labor Services Enforcement Fund. | ||||||
2 | (Source: P.A. 77-2418 .)
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3 | (820 ILCS 140/8.5 new) | ||||||
4 | Sec. 8.5. Notification. | ||||||
5 | (a) Every employer covered by this Act shall post and keep | ||||||
6 | posted, in one or more conspicuous places on the premises of | ||||||
7 | the employer where notices to employees are customarily | ||||||
8 | posted, a notice, to be provided by the Director of Labor, | ||||||
9 | summarizing the requirements of this Act and information | ||||||
10 | pertaining to the filing of a complaint. The Director of Labor | ||||||
11 | shall provide copies of summaries and rules to employers upon | ||||||
12 | request without charge. | ||||||
13 | (b) An employer with employees who do not regularly report | ||||||
14 | to a physical workplace, and instead work remotely or travel | ||||||
15 | for work, shall also provide the notice by email to its | ||||||
16 | employees or on a website, regularly used by the employer to | ||||||
17 | communicate work-related information, that all employees are | ||||||
18 | able to regularly access, freely and without interference. | ||||||
19 | (c) Failure to provide notice as required by this Section | ||||||
20 | shall be deemed a violation of this Act.
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21 | (820 ILCS 140/9) (from Ch. 48, par. 8i)
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22 | Sec. 0.01 9 . Short title. This Act may be cited as the
One | ||||||
23 | Day Rest In Seven Act.
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24 | (Source: P.A. 86-1324)".
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