Sen. Pamela J. Althoff

Filed: 2/29/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 2636 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Minimum Wage Law is amended by changing
5Section 4a as follows:
6    (820 ILCS 105/4a)  (from Ch. 48, par. 1004a)
7    Sec. 4a. (1) Except as otherwise provided in this Section,
8no employer shall employ any of his employees for a workweek of
9more than 40 hours unless such employee receives compensation
10for his employment in excess of the hours above specified at a
11rate not less than 1 1/2 times the regular rate at which he is
13    (2) The provisions of subsection (1) of this Section are
14not applicable to:
15        A. Any salesman or mechanic primarily engaged in
16    selling or servicing automobiles, trucks or farm



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1    implements, if he is employed by a nonmanufacturing
2    establishment primarily engaged in the business of selling
3    such vehicles or implements to ultimate purchasers.
4        B. Any salesman primarily engaged in selling trailers,
5    boats, or aircraft, if he is employed by a nonmanufacturing
6    establishment primarily engaged in the business of selling
7    trailers, boats, or aircraft to ultimate purchasers.
8        C. Any employer of agricultural labor, with respect to
9    such agricultural employment.
10        D. Any employee of a governmental body excluded from
11    the definition of "employee" under paragraph (e)(2)(C) of
12    Section 3 of the Federal Fair Labor Standards Act of 1938.
13        E. Any employee employed in a bona fide executive,
14    administrative or professional capacity, including any
15    radio or television announcer, news editor, or chief
16    engineer, as defined by or covered by the Federal Fair
17    Labor Standards Act of 1938 and the rules adopted under
18    that Act, as both exist on March 30, 2003, but compensated
19    at the amount of salary specified in subsections (a) and
20    (b) of Section 541.600 of Title 29 of the Code of Federal
21    Regulations as proposed in the Federal Register on March
22    31, 2003 or a greater amount of salary as may be adopted by
23    the United States Department of Labor. For bona fide
24    executive, administrative, and professional employees of
25    not-for-profit corporations, the Director may, by
26    regulation, adopt a weekly wage rate standard lower than



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1    that provided for executive, administrative, and
2    professional employees covered under the Fair Labor
3    Standards Act of 1938, as now or hereafter amended.
4        F. Any commissioned employee as described in paragraph
5    (i) of Section 7 of the Federal Fair Labor Standards Act of
6    1938 and rules and regulations promulgated thereunder, as
7    now or hereafter amended.
8        G. Any employment of an employee in the stead of
9    another employee of the same employer pursuant to a
10    worktime exchange agreement between employees.
11        H. Any employee of a not-for-profit educational or
12    residential child care institution who (a) on a daily basis
13    is directly involved in educating or caring for children
14    who (1) are orphans, foster children, abused, neglected or
15    abandoned children, or are otherwise homeless children and
16    (2) reside in residential facilities of the institution and
17    (b) is compensated at an annual rate of not less than
18    $13,000 or, if the employee resides in such facilities and
19    receives without cost board and lodging from such
20    institution, not less than $10,000.
21        I. Any employee employed as a crew member of any
22    uninspected towing vessel, as defined by Section 2101(40)
23    of Title 46 of the United States Code, operating in any
24    navigable waters in or along the boundaries of the State of
25    Illinois.
26    (3) Any employer may employ any employee for a period or



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1periods of not more than 10 hours in the aggregate in any
2workweek in excess of the maximum hours specified in subsection
3(1) of this Section without paying the compensation for
4overtime employment prescribed in subsection (1) if during that
5period or periods the employee is receiving remedial education
7        (a) is provided to employees who lack a high school
8    diploma or educational attainment at the eighth grade
9    level;
10        (b) is designed to provide reading and other basic
11    skills at an eighth grade level or below; and
12        (c) does not include job specific training.
13    (4) A governmental body is not in violation of subsection
14(1) if the governmental body provides compensatory time
15pursuant to paragraph (o) of Section 7 of the Federal Fair
16Labor Standards Act of 1938, as now or hereafter amended, or is
17engaged in fire protection or law enforcement activities and
18meets the requirements of paragraph (k) of Section 7 or
19paragraph (b)(20) of Section 13 of the Federal Fair Labor
20Standards Act of 1938, as now or hereafter amended.
21(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)".