Full Text of HB4600 102nd General Assembly
HB4600ham001 102ND GENERAL ASSEMBLY | Rep. Lakesia Collins Filed: 1/31/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4600
| 2 | | AMENDMENT NO. ______. Amend House Bill 4600 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The One Day Rest In Seven Act is amended by | 5 | | changing Sections 2 and 7, adding Section 8.5, and renumbering | 6 | | Section 9 as follows:
| 7 | | (820 ILCS 140/2) (from Ch. 48, par. 8b)
| 8 | | Sec. 2. Hours and days of rest in every calendar week. | 9 | | (a) Every employer shall allow every employee except those | 10 | | specified
in this
Section at least twenty-four consecutive | 11 | | hours of rest in every consecutive 7-day period calendar
week | 12 | | in addition to the regular period of rest allowed at the close | 13 | | of each
working day.
| 14 | | A person employed as a domestic worker, as defined in | 15 | | Section 10 of the Domestic Workers' Bill of Rights Act, shall | 16 | | be allowed at least 24 consecutive hours of rest in every |
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| 1 | | consecutive 7-day period calendar week . This subsection (a) | 2 | | does not prohibit a domestic worker from voluntarily agreeing | 3 | | to work on such day of rest required by this subsection (a) if | 4 | | the worker is compensated at the overtime rate for all hours | 5 | | worked on such day of rest. The day of rest authorized under | 6 | | this subsection (a) should, whenever possible, coincide with | 7 | | the traditional day reserved by the domestic worker for | 8 | | religious worship. | 9 | | (b) Subsection (a) does not apply to the following:
| 10 | | (1) Part-time employees whose total work hours for one | 11 | | employer during a
calendar week do not exceed 20; and
| 12 | | (2) Employees needed in case of breakdown of machinery | 13 | | or equipment or
other emergency requiring the immediate | 14 | | services of experienced and
competent labor to prevent | 15 | | injury to person, damage to property, or
suspension of | 16 | | necessary operation; and
| 17 | | (3) Employees employed in agriculture or coal mining; | 18 | | and
| 19 | | (4) Employees engaged in the occupation of canning and | 20 | | processing
perishable agricultural products, if such | 21 | | employees are employed by an
employer in such occupation | 22 | | on a seasonal basis and for not more than 20
weeks during | 23 | | any calendar year or 12 month period; and
| 24 | | (5) Employees employed as watchmen or security guards; | 25 | | and
| 26 | | (6) Employees who are employed in a bonafide |
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| 1 | | executive, administrative,
or professional capacity or in | 2 | | the capacity of an outside salesman, as
defined in Section | 3 | | 12 (a) (1) of the federal Fair Labor Standards Act, as
| 4 | | amended, and those employed as supervisors as defined in | 5 | | Section 2 (11) of
the National Labor Relations Act, as | 6 | | amended; and
| 7 | | (7) Employees who are employed as crew members of any | 8 | | uninspected towing
vessel, as defined by Section 2101(40) | 9 | | of Title 46 of the United States Code,
operating in any | 10 | | navigable waters in or along the boundaries of the State | 11 | | of
Illinois.
| 12 | | (Source: P.A. 99-758, eff. 1-1-17 .)
| 13 | | (820 ILCS 140/7) (from Ch. 48, par. 8g)
| 14 | | Sec. 7. Civil offense. | 15 | | (a) Any employer who violates any of the provisions of | 16 | | this Act, shall be
guilty of a civil petty offense, and shall | 17 | | be subject to a civil penalty of up to $500 per offense, | 18 | | payable to the Department of Labor, and damages of up to $500 | 19 | | per offense, payable to the employee or employees affected. | 20 | | Each employee whose rights are violated under this Act shall | 21 | | constitute a separate offense. Each week that an employee is | 22 | | found to not have been allowed 24 consecutive hours of rest as | 23 | | required in Section 2 shall constitute a separate offense. | 24 | | Each day that an employee is found not to have been provided a | 25 | | meal period as required in Section 3 shall constitute a |
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| 1 | | separate offense fined for each offense in a sum of
not less | 2 | | than $25 nor more than $100 .
| 3 | | (b) The Director of Labor shall enforce this Act in | 4 | | accordance with the Illinois Administrative Procedure Act. The | 5 | | Director of Labor shall have the powers and the parties shall | 6 | | have the rights provided in the Illinois Administrative | 7 | | Procedure Act for contested cases, including, but not limited | 8 | | to, provisions for depositions, subpoena power and procedures, | 9 | | and discovery and protective order procedures. | 10 | | (c) Any Funds collected by the Department of Labor under | 11 | | this Act shall be deposited into the Child Labor and Day and | 12 | | Temporary Labor Services Enforcement Fund. | 13 | | (Source: P.A. 77-2418 .)
| 14 | | (820 ILCS 140/8.5 new) | 15 | | Sec. 8.5. Notification. | 16 | | (a) Every employer covered by this Act shall post and keep | 17 | | posted, in one or more conspicuous places on the premises of | 18 | | the employer where notices to employees are customarily | 19 | | posted, a notice, to be provided by the Director of Labor, | 20 | | summarizing the requirements of this Act and information | 21 | | pertaining to the filing of a complaint. The Director of Labor | 22 | | shall provide copies of summaries and rules to employers upon | 23 | | request without charge. | 24 | | (b) An employer with employees who do not regularly report | 25 | | to a physical workplace, and instead work remotely or travel |
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| 1 | | for work, shall also provide the notice by email to its | 2 | | employees or on a website, regularly used by the employer to | 3 | | communicate work-related information, that all employees are | 4 | | able to regularly access, freely and without interference. | 5 | | (c) Failure to provide notice as required by this Section | 6 | | shall be deemed a violation of this Act.
| 7 | | (820 ILCS 140/9) (from Ch. 48, par. 8i)
| 8 | | Sec. 0.01 9 . Short title. This Act may be cited as the
One | 9 | | Day Rest In Seven Act.
| 10 | | (Source: P.A. 86-1324)".
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