Full Text of HB2749 100th General Assembly
HB2749 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2749 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: |
| 820 ILCS 105/4a | from Ch. 48, par. 1004a |
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Amends the Minimum Wage Law. Provides that the overtime requirements of the Law do not apply to an employee employed in a bona fide executive, administrative, or professional capacity as defined by or covered by the federal Fair Labor Standards Act of 1938 but compensated at a salary greater than $47,476 per year (rather than an amount specified by a federal regulation) or the weekly or monthly portion thereof or a greater salary as may be adopted by the U.S. Department of Labor. Provides that the amount shall increase annually by the percentage increase in the Consumer Price Index. Effective immediately.
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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 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 | 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 nonmanufacturing | 22 | | establishment primarily engaged
in the business of selling | 23 | | trailers, boats, or aircraft to ultimate purchasers.
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| 1 | | C. Any employer of agricultural labor, with respect to | 2 | | such
agricultural employment.
| 3 | | D. Any employee of a governmental body excluded from | 4 | | the definition of "employee" under paragraph (e)(2)(C) of | 5 | | Section 3 of the Federal Fair Labor Standards Act of 1938.
| 6 | | E. Any employee employed in a bona fide executive, | 7 | | administrative or
professional capacity, including any | 8 | | radio or television announcer, news
editor, or chief | 9 | | engineer, as defined by or covered by the Federal Fair
| 10 | | Labor Standards Act
of 1938 and the rules adopted under
| 11 | | that Act, as both exist on March 30, 2003, but compensated
| 12 | | at an the amount of salary greater than $47,476 per year or | 13 | | the weekly or monthly portion thereof specified in | 14 | | subsections (a) and
(b) of Section 541.600 of Title 29 of | 15 | | the Code of Federal
Regulations as proposed in the Federal | 16 | | Register on March
31, 2003 or a greater amount of salary as | 17 | | may be adopted by
the United States Department of Labor. | 18 | | The compensation amount set forth in this item (E) shall be | 19 | | increased each year by the percentage increase in the | 20 | | Consumer Price Index for the preceding calendar year. For | 21 | | bona fide executive,
administrative, and professional | 22 | | employees of not-for-profit corporations,
the Director | 23 | | may, by regulation, adopt a weekly wage rate standard lower
| 24 | | than that provided for executive, administrative, and | 25 | | professional
employees covered under the Fair Labor | 26 | | Standards Act of 1938, as now or
hereafter amended.
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| 1 | | F. Any commissioned employee as described in paragraph | 2 | | (i) of Section
7 of the Federal Fair Labor Standards Act of | 3 | | 1938 and rules and regulations
promulgated thereunder, as | 4 | | now or hereafter amended.
| 5 | | G. Any employment of an employee in the stead of | 6 | | another employee of the
same employer pursuant to a | 7 | | worktime exchange agreement between employees.
| 8 | | H. Any employee of a not-for-profit educational or | 9 | | residential child care
institution who (a) on a daily basis | 10 | | is directly involved in educating or
caring for children | 11 | | who (1) are orphans, foster children, abused,
neglected or | 12 | | abandoned children, or are otherwise homeless children
and | 13 | | (2) reside in residential facilities of the institution and | 14 | | (b) is
compensated at an annual rate of not less than | 15 | | $13,000 or, if the employee
resides in such facilities and | 16 | | receives without cost board and lodging from
such | 17 | | institution, not less than $10,000.
| 18 | | I. Any employee employed as a crew member of any | 19 | | uninspected towing
vessel, as defined by Section 2101(40) | 20 | | of Title 46 of the United States Code,
operating in any | 21 | | navigable waters in or along the boundaries of the State of
| 22 | | Illinois.
| 23 | | J. Any employee who is a member of a bargaining unit | 24 | | recognized by the Illinois Labor Relations Board and whose | 25 | | union has contractually agreed to an alternate shift | 26 | | schedule as allowed by subsection (b) of Section 7 of the |
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| 1 | | Fair Labor Standards Act of 1938. | 2 | | (3) Any employer may employ any employee for a period or | 3 | | periods of not
more than 10 hours in the aggregate in any | 4 | | workweek in excess of the maximum
hours specified in subsection | 5 | | (1) of this Section without paying the
compensation for | 6 | | overtime employment prescribed in subsection (1) if during
that | 7 | | period or periods the employee is receiving remedial education | 8 | | that:
| 9 | | (a) is provided to employees who lack a high school | 10 | | diploma or educational
attainment at the eighth grade | 11 | | level;
| 12 | | (b) is designed to provide reading and other basic | 13 | | skills at an eighth
grade level or below; and
| 14 | | (c) does not include job specific training. | 15 | | (4) A governmental body is not in violation of subsection | 16 | | (1) if the governmental body provides compensatory time | 17 | | pursuant to paragraph (o) of Section 7 of the Federal Fair | 18 | | Labor Standards Act of 1938, as now or hereafter amended, or is | 19 | | engaged in fire protection or law enforcement activities and | 20 | | meets the requirements of paragraph (k) of Section 7 or | 21 | | paragraph (b)(20) of Section 13 of the Federal Fair Labor | 22 | | Standards Act of 1938, as now or hereafter amended.
| 23 | | (Source: P.A. 99-17, eff. 1-1-16 .)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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