Full Text of SB0398 100th General Assembly
SB0398sam002 100TH GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 398
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 398 by replacing | 3 | | everything after the enacting clause with the following:
| 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 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.
| 13 | | (2) The provisions of subsection (1) of this Section are | 14 | | not 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. Except as provided in subsection (4), any Any | 11 | | employee of a governmental body excluded from the | 12 | | definition of "employee" under paragraph (e)(2)(C) of | 13 | | Section 3 of the Federal Fair Labor Standards Act of 1938.
| 14 | | E. Any employee employed in a bona fide executive, | 15 | | administrative or
professional capacity, including any | 16 | | radio or television announcer, news
editor, or chief | 17 | | engineer, as defined by or covered by the Federal Fair
| 18 | | Labor Standards Act
of 1938 and the rules adopted under
| 19 | | that Act, as both exist on March 30, 2003, but compensated
| 20 | | at the amount of salary specified in subsections (a) and
| 21 | | (b) of Section 541.600 of Title 29 of the Code of Federal
| 22 | | Regulations as proposed in the Federal Register on March
| 23 | | 31, 2003 or a greater amount of salary as may be adopted by
| 24 | | the United States Department of Labor. For bona fide | 25 | | executive,
administrative, and professional employees of | 26 | | not-for-profit corporations,
the Director may, by |
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| 1 | | regulation, adopt a weekly wage rate standard lower
than | 2 | | that provided for executive, administrative, and | 3 | | professional
employees covered under the Fair Labor | 4 | | Standards Act of 1938, as now or
hereafter amended.
| 5 | | F. Any commissioned employee as described in paragraph | 6 | | (i) of Section
7 of the Federal Fair Labor Standards Act of | 7 | | 1938 and rules and regulations
promulgated thereunder, as | 8 | | now or hereafter amended.
| 9 | | G. Any employment of an employee in the stead of | 10 | | another employee of the
same employer pursuant to a | 11 | | worktime exchange agreement between employees.
| 12 | | H. Any employee of a not-for-profit educational or | 13 | | residential child care
institution who (a) on a daily basis | 14 | | is directly involved in educating or
caring for children | 15 | | who (1) are orphans, foster children, abused,
neglected or | 16 | | abandoned children, or are otherwise homeless children
and | 17 | | (2) reside in residential facilities of the institution and | 18 | | (b) is
compensated at an annual rate of not less than | 19 | | $13,000 or, if the employee
resides in such facilities and | 20 | | receives without cost board and lodging from
such | 21 | | institution, not less than $10,000.
| 22 | | I. Any employee employed as a crew member of any | 23 | | uninspected towing
vessel, as defined by Section 2101(40) | 24 | | of Title 46 of the United States Code,
operating in any | 25 | | navigable waters in or along the boundaries of the State of
| 26 | | Illinois.
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| 1 | | J. Any employee who is a member of a bargaining unit | 2 | | recognized by the Illinois Labor Relations Board and whose | 3 | | union has contractually agreed to an alternate shift | 4 | | schedule as allowed by subsection (b) of Section 7 of the | 5 | | Fair Labor Standards Act of 1938. | 6 | | (3) Any employer may employ any employee for a period or | 7 | | periods of not
more than 10 hours in the aggregate in any | 8 | | workweek in excess of the maximum
hours specified in subsection | 9 | | (1) of this Section without paying the
compensation for | 10 | | overtime employment prescribed in subsection (1) if during
that | 11 | | period or periods the employee is receiving remedial education | 12 | | that:
| 13 | | (a) is provided to employees who lack a high school | 14 | | diploma or educational
attainment at the eighth grade | 15 | | level;
| 16 | | (b) is designed to provide reading and other basic | 17 | | skills at an eighth
grade level or below; and
| 18 | | (c) does not include job specific training. | 19 | | (4) A governmental body is not in violation of subsection | 20 | | (1) if the governmental body provides compensatory time | 21 | | pursuant to paragraph (o) of Section 7 of the Federal Fair | 22 | | Labor Standards Act of 1938, as now or hereafter amended, or is | 23 | | engaged in fire protection or law enforcement activities and | 24 | | meets the requirements of paragraph (k) of Section 7 or | 25 | | paragraph (b)(20) of Section 13 of the Federal Fair Labor | 26 | | Standards Act of 1938, as now or hereafter amended.
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| 1 | | (Source: P.A. 99-17, eff. 1-1-16 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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