Illinois General Assembly - Full Text of SB1183
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Full Text of SB1183  93rd General Assembly

SB1183 93rd General Assembly


093_SB1183

 
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 1        AN ACT concerning employment.

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

 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 do
14    are not apply 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
23        nonmanufacturing  establishment  primarily engaged in the
24        business of  selling  trailers,  boats,  or  aircraft  to
25        ultimate purchasers.
26             C.  Any employer of agricultural labor, with respect
27        to such agricultural employment.
28             D.  Any governmental body.
29             E.  Any  employee employed in a bona fide executive,
30        administrative or professional  capacity,  including  any
31        radio  or  television  announcer,  news  editor, or chief
 
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 1        engineer, as defined by or covered by  the  Federal  Fair
 2        Labor Standards Act of 1938, as now or hereafter amended.
 3        For bona fide executive, administrative, and professional
 4        employees  of  not-for-profit  corporations, the Director
 5        may, by regulation, adopt a  weekly  wage  rate  standard
 6        lower  than  that provided for executive, administrative,
 7        and professional employees covered under the  Fair  Labor
 8        Standards Act of 1938, as now or hereafter amended.
 9             F.  Any   commissioned   employee  as  described  in
10        paragraph (i) of Section 7  of  the  Federal  Fair  Labor
11        Standards   Act   of   1938  and  rules  and  regulations
12        promulgated thereunder, as now or hereafter amended.
13             G.  Any employment of an employee in  the  stead  of
14        another  employee  of  the  same  employer  pursuant to a
15        worktime exchange agreement between employees.
16             H.  Any employee of a not-for-profit educational  or
17        residential  child  care  institution  who (a) on a daily
18        basis is directly involved in  educating  or  caring  for
19        children  who  (1)  are orphans, foster children, abused,
20        neglected  or  abandoned  children,  or   are   otherwise
21        homeless   children     and  (2)  reside  in  residential
22        facilities of the institution and (b) is  compensated  at
23        an  annual  rate  of  not  less  than  $13,000 or, if the
24        employee resides in such facilities and receives  without
25        cost  board  and  lodging from such institution, not less
26        than $10,000.
27             I.  Any employee employed as a crew  member  of  any
28        uninspected towing vessel, as defined by Section 2101(40)
29        of  Title  46 of the United States Code, operating in any
30        navigable waters in or along the boundaries of the  State
31        of Illinois.
32        (3)  Any employer may employ any employee for a period or
33    periods  of  not  more  than 10 hours in the aggregate in any
34    workweek  in  excess  of  the  maximum  hours  specified   in
 
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 1    subsection   (1)   of   this   Section   without  paying  the
 2    compensation for overtime employment prescribed in subsection
 3    (1)  if  during  that  period  or  periods  the  employee  is
 4    receiving remedial education that:
 5             (a)  is provided to employees who lack a high school
 6        diploma or educational attainment  at  the  eighth  grade
 7        level;
 8             (b)  is  designed to provide reading and other basic
 9        skills at an eighth grade level or below; and
10             (c)  does not include job specific training.
11    (Source: P.A. 92-623, eff. 7-11-02.)