Full Text of HB1222 102nd General Assembly
HB1222 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1222 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: | | 820 ILCS 105/4a | from Ch. 48, par. 1004a |
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Amends the Minimum Wage Law. Makes a technical change
in a Section concerning overtime.
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| | A BILL FOR |
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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 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
the hours above specified | 11 | | at a rate not less than 1 1/2 times the regular
rate at which | 12 | | he is 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 | 17 | | implements, if he is employed by a nonmanufacturing
| 18 | | establishment primarily engaged in the business of selling | 19 | | such vehicles
or implements to ultimate purchasers.
| 20 | | B. Any salesman primarily engaged in selling trailers, | 21 | | boats, or aircraft,
if he is employed by a | 22 | | nonmanufacturing establishment primarily engaged
in the | 23 | | business of selling trailers, boats, or aircraft to |
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| 1 | | ultimate purchasers.
| 2 | | C. Any employer of agricultural labor, with respect to | 3 | | such
agricultural employment.
| 4 | | D. Any employee of a governmental body excluded from | 5 | | the definition of "employee" under paragraph (e)(2)(C) of | 6 | | Section 3 of the Federal Fair Labor Standards Act of 1938.
| 7 | | E. Any employee employed in a bona fide executive, | 8 | | administrative or
professional capacity, including any | 9 | | radio or television announcer, news
editor, or chief | 10 | | engineer, as defined by or covered by the Federal Fair
| 11 | | Labor Standards Act
of 1938 and the rules adopted under
| 12 | | that Act, as both exist on March 30, 2003, but compensated
| 13 | | at the amount of salary specified in subsections (a) and
| 14 | | (b) of Section 541.600 of Title 29 of the Code of Federal
| 15 | | Regulations as proposed in the Federal Register on March
| 16 | | 31, 2003 or a greater amount of salary as may be adopted by
| 17 | | the United States Department of Labor. For bona fide | 18 | | executive,
administrative, and professional employees of | 19 | | not-for-profit corporations,
the Director may, by | 20 | | regulation, adopt a weekly wage rate standard lower
than | 21 | | that provided for executive, administrative, and | 22 | | professional
employees covered under the Fair Labor | 23 | | Standards Act of 1938, as now or
hereafter amended.
| 24 | | F. Any commissioned employee as described in paragraph | 25 | | (i) of Section
7 of the Federal Fair Labor Standards Act of | 26 | | 1938 and rules and regulations
promulgated thereunder, as |
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| 1 | | now or hereafter amended.
| 2 | | G. Any employment of an employee in the stead of | 3 | | another employee of the
same employer pursuant to a | 4 | | worktime exchange agreement between employees.
| 5 | | H. Any employee of a not-for-profit educational or | 6 | | residential child care
institution who (a) on a daily | 7 | | basis is directly involved in educating or
caring for | 8 | | children who (1) are orphans, foster children, abused,
| 9 | | neglected or abandoned children, or are otherwise homeless | 10 | | children
and (2) reside in residential facilities of the | 11 | | institution and (b) is
compensated at an annual rate of | 12 | | not less than $13,000 or, if the employee
resides in such | 13 | | facilities and receives without cost board and lodging | 14 | | from
such institution, not less than $10,000.
| 15 | | I. Any employee employed as a crew member of any | 16 | | uninspected towing
vessel, as defined by Section 2101(40) | 17 | | of Title 46 of the United States Code,
operating in any | 18 | | navigable waters in or along the boundaries of the State | 19 | | of
Illinois.
| 20 | | J. Any employee who is a member of a bargaining unit | 21 | | recognized by the Illinois Labor Relations Board and whose | 22 | | union has contractually agreed to an alternate shift | 23 | | schedule as allowed by subsection (b) of Section 7 of the | 24 | | Fair Labor Standards Act of 1938. | 25 | | (3) Any employer may employ any employee for a period or | 26 | | periods of not
more than 10 hours in the aggregate in any |
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| 1 | | workweek in excess of the maximum
hours specified in | 2 | | subsection (1) of this Section without paying the
compensation | 3 | | for overtime employment prescribed in subsection (1) if during
| 4 | | that period or periods the employee is receiving remedial | 5 | | education that:
| 6 | | (a) is provided to employees who lack a high school | 7 | | diploma or educational
attainment at the eighth grade | 8 | | level;
| 9 | | (b) is designed to provide reading and other basic | 10 | | skills at an eighth
grade level or below; and
| 11 | | (c) does not include job specific training. | 12 | | (4) A governmental body is not in violation of subsection | 13 | | (1) if the governmental body provides compensatory time | 14 | | pursuant to paragraph (o) of Section 7 of the Federal Fair | 15 | | Labor Standards Act of 1938, as now or hereafter amended, or is | 16 | | engaged in fire protection or law enforcement activities and | 17 | | meets the requirements of paragraph (k) of Section 7 or | 18 | | paragraph (b)(20) of Section 13 of the Federal Fair Labor | 19 | | Standards Act of 1938, as now or hereafter amended.
| 20 | | (Source: P.A. 99-17, eff. 1-1-16 .)
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