Full Text of HB4462 93rd General Assembly
HB4462ham001 93RD GENERAL ASSEMBLY
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Labor Committee
Filed: 02/20/04
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09300HB4462ham001 |
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LRB093 20765 DRJ 47669 a |
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| AMENDMENT TO HOUSE BILL 4462
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| AMENDMENT NO. ______. Amend House Bill 4462 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Minimum Wage Law is amended by changing | 5 |
| Section 4a as follows:
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| (820 ILCS 105/4a) (from Ch. 48, par. 1004a)
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| Sec. 4a. (1) Except as otherwise provided in this Section, | 8 |
| no employer
shall employ any of his employees for a workweek of | 9 |
| more than 40 hours
unless such employee receives compensation | 10 |
| for his employment in excess of
the hours above specified at a | 11 |
| rate not less than 1 1/2 times the regular
rate at which he is | 12 |
| employed.
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| (2) The provisions of subsection (1) of this Section are | 14 |
| not applicable to:
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| 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
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| establishment primarily engaged in the business of selling | 19 |
| such vehicles
or implements to ultimate purchasers.
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| B. Any salesman primarily engaged in selling trailers, | 21 |
| boats, or aircraft,
if he is employed by a nonmanufacturing | 22 |
| establishment primarily engaged
in the business of selling | 23 |
| trailers, boats, or aircraft to ultimate purchasers.
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| C. Any employer of agricultural labor, with respect to |
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| such
agricultural employment.
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| D. Any governmental body.
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| E. Any employee employed in a bona fide executive, | 4 |
| administrative or
professional capacity, including any | 5 |
| radio or television announcer, news
editor, or chief | 6 |
| engineer, as defined by or covered by the Federal Fair
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| Labor Standards Act
of 1938, as now or hereafter amended , | 8 |
| or as defined by the Department pursuant to its authority | 9 |
| under this paragraph (E) . For bona fide executive,
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| administrative, and professional employees of | 11 |
| not-for-profit corporations,
the Director may, by | 12 |
| regulation, adopt a weekly wage rate standard lower
than | 13 |
| that provided for executive, administrative, and | 14 |
| professional
employees covered under the Fair Labor | 15 |
| Standards Act of 1938, as now or
hereafter amended. Within | 16 |
| 30 days after the effective date of this amendatory Act of | 17 |
| the 93rd General Assembly, the Department shall adopt | 18 |
| emergency rules, in accordance with Section 5-45 of the | 19 |
| Illinois Administrative Procedure Act, defining or | 20 |
| delimiting this exemption in a manner that is substantially | 21 |
| similar to that found at Part 541 of Title 29 of the Code | 22 |
| of Federal Regulations on March 30, 2003. For purposes of | 23 |
| the Illinois Administrative Procedure Act, the adoption of | 24 |
| rules to implement this Section shall be considered an | 25 |
| emergency and necessary for the public interest, safety, | 26 |
| and welfare.
Within 180 days after the effective date of | 27 |
| this amendatory Act of the 93rd General Assembly, the | 28 |
| Department shall define and delimit this exemption by rule. | 29 |
| In no event shall the Department's rules adopted pursuant | 30 |
| to this paragraph (E) provide for a broader exemption than | 31 |
| that found at Part 541 of Title 29 of the Code of Federal | 32 |
| Regulations on March 30, 2003.
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| F. Any commissioned employee as described in paragraph | 34 |
| (i) of Section
7 of the Federal Fair Labor Standards Act of |
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| 1938 and rules and regulations
promulgated thereunder, as | 2 |
| now or hereafter amended.
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| G. Any employment of an employee in the stead of | 4 |
| another employee of the
same employer pursuant to a | 5 |
| worktime exchange agreement between employees.
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| H. Any employee of a not-for-profit educational or | 7 |
| residential child care
institution who (a) on a daily basis | 8 |
| is directly involved in educating or
caring for children | 9 |
| who (1) are orphans, foster children, abused,
neglected or | 10 |
| abandoned children, or are otherwise homeless children
and | 11 |
| (2) reside in residential facilities of the institution and | 12 |
| (b) is
compensated at an annual rate of not less than | 13 |
| $13,000 or, if the employee
resides in such facilities and | 14 |
| receives without cost board and lodging from
such | 15 |
| institution, not less than $10,000.
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| I. Any employee employed as a crew member of any | 17 |
| uninspected towing
vessel, as defined by Section 2101(40) | 18 |
| of Title 46 of the United States Code,
operating in any | 19 |
| navigable waters in or along the boundaries of the State of
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| Illinois.
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| (3) Any employer may employ any employee for a period or | 22 |
| periods of not
more than 10 hours in the aggregate in any | 23 |
| workweek in excess of the maximum
hours specified in subsection | 24 |
| (1) of this Section without paying the
compensation for | 25 |
| overtime employment prescribed in subsection (1) if during
that | 26 |
| period or periods the employee is receiving remedial education | 27 |
| that:
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| (a) is provided to employees who lack a high school | 29 |
| diploma or educational
attainment at the eighth grade | 30 |
| level;
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| (b) is designed to provide reading and other basic | 32 |
| skills at an eighth
grade level or below; and
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| (c) does not include job specific training.
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| (Source: P.A. 92-623, eff. 7-11-02.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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