Full Text of SB3161 102nd General Assembly
SB3161enr 102ND GENERAL ASSEMBLY |
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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 Child Labor Law is amended by changing | 5 | | Sections 3 and 8.1 as follows:
| 6 | | (820 ILCS 205/3) (from Ch. 48, par. 31.3)
| 7 | | Sec. 3.
Except as hereinafter provided, no minor under 16 | 8 | | years of age
shall be employed, permitted, or
allowed to work | 9 | | in any gainful occupation mentioned in Section 1 of this
Act | 10 | | for more than 6 consecutive days in any one week, or more than | 11 | | 48
hours in any one week, or more than 8 hours in any one day, | 12 | | or be so
employed, permitted or allowed to work
between 7 p.m. | 13 | | and 7 a.m. from Labor
Day until June 1 or between 9 p.m. and 7 | 14 | | a.m. from June 1 until Labor Day. Minors under 16 years of age | 15 | | working under the provisions of Section 8.1 shall be permitted | 16 | | to work until 10 p.m.
| 17 | | The hours of work of minors under the age of 16 years | 18 | | employed outside of
school hours shall not exceed 3 a day on | 19 | | days when school is in session,
nor shall the combined hours of | 20 | | work outside and in school exceed a total
of 8 a day; except | 21 | | that a minor under the age of 16 may work both
Saturday and | 22 | | Sunday for not more than 8 hours each day if the following
| 23 | | conditions are met: (1) the minor does not work outside school |
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| 1 | | more than 6
consecutive days in any one week, and (2) the | 2 | | number of hours worked by the
minor outside school in any week | 3 | | does not exceed 24.
| 4 | | A minor 14 or more years of age who is employed
in a | 5 | | recreational or educational activity by a park district, | 6 | | not-for-profit
youth club, or
municipal parks and recreation | 7 | | department while school is in session may work
up to 3 hours | 8 | | per school day twice a week no later than 9 p.m. if the
number | 9 | | of hours worked by the minor outside school in any week does | 10 | | not exceed
24 or between 10 p.m. and 7 a.m. during that school | 11 | | district's summer vacation,
or if the school district operates | 12 | | on a 12 month basis, the period during which
school is not in | 13 | | session for the minor.
| 14 | | (Source: P.A. 92-592, eff. 6-27-02.)
| 15 | | (820 ILCS 205/8.1) (from Ch. 48, par. 31.8-1)
| 16 | | Sec. 8.1.
(a) Notwithstanding the provisions of this Act, | 17 | | minors under 16
years of age may be employed as models, or as | 18 | | performers on live or
pre-recorded radio or television, or in | 19 | | motion pictures, or in other
entertainment-related | 20 | | performances, subject to reasonable conditions to be
imposed | 21 | | by rule of the Department of Labor. This Section shall not | 22 | | apply
to employment covered under Section 8 of this Act.
| 23 | | (b) Notwithstanding the provisions of this Act, an | 24 | | employer who employs a
minor under 16 years of age in a | 25 | | television, motion picture, or related
entertainment |
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| 1 | | production may allow the minor to work until 10 p.m. without | 2 | | seeking a waiver from the Department of Labor. An employer may | 3 | | apply to the Director of Labor, or his or her
authorized | 4 | | representative, for a special waiver permitting a minor to | 5 | | work outside of the hours allowed by this Act from
that portion | 6 | | of Section 3 of this Act that prohibits the employment of a | 7 | | minor
under 16 years of age between 7 p.m. and 7 a.m. from | 8 | | Labor Day to June
1 or between 9 p.m. and 7 a.m. from June 1 | 9 | | until Labor Day . | 10 | | (1) A waiver request for a minor to work between 10 | 11 | | p.m. and 12:30 a.m. or between 5 a.m. and 7 a.m. shall be | 12 | | granted if the Director, or his or her authorized | 13 | | representative, is satisfied that all of the following | 14 | | conditions are met: | 15 | | (A) the employment will not be detrimental to the | 16 | | health or welfare of the minor; | 17 | | (B) the minor will be supervised adequately; | 18 | | (C) the education of the minor will not be | 19 | | neglected; and | 20 | | (D) the total number of hours to be worked that day | 21 | | and week is not over the limits established in this Act | 22 | | or any rules adopted under this Act. | 23 | | (2) A waiver request for a minor to work between 12:30 | 24 | | a.m. and 5 a.m. may be granted if the Director, or his or | 25 | | her authorized representative, is satisfied that all of | 26 | | the following conditions are met: |
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| 1 | | (A) the employment will not be detrimental to the | 2 | | health or welfare of the minor; | 3 | | (B) the minor will be supervised adequately; | 4 | | (C) the education of the minor will not be | 5 | | neglected; | 6 | | (D) performance by the minor during that time is | 7 | | critical to the success of the production, as | 8 | | demonstrated by true and accurate statements by the | 9 | | employer that filming cannot be completed at any other | 10 | | time of day; | 11 | | (E) the filming primarily requires exterior | 12 | | footage of sunset, nighttime, or dawn; | 13 | | (F) the filming is scheduled on the most optimal | 14 | | day of the week for the minor's schooling; | 15 | | (G) the employer provides a schedule to the | 16 | | Department of schooling and rest periods on the day | 17 | | before, the day of, and the day after the overnight | 18 | | hours to be worked; | 19 | | (H) the age of the minor is taken into account as | 20 | | provided by this Act or any rules adopted under this | 21 | | Act; | 22 | | (I) the total number of hours to be worked that day | 23 | | and week is not over the limits established in this Act | 24 | | or any rules adopted under this Act; and | 25 | | (J) the waiver request was received by the | 26 | | Department at least 72 hours prior to the overnight |
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| 1 | | hours to be worked. | 2 | | (c)
An employer applying for the waiver shall submit to | 3 | | the Director of Labor, or
his or her authorized | 4 | | representative, a completed application on the form that
the | 5 | | Director of Labor provides. The Director of Labor, or his or | 6 | | her authorized
representative, shall issue the waiver if, | 7 | | after investigation, he or she is
satisfied that (i) the | 8 | | employment will not be detrimental to the health or
welfare of | 9 | | the minor, (ii) the minor will be supervised adequately, and | 10 | | (iii)
the education of the minor will not be neglected. The | 11 | | waiver shall contain
signatures that show the consent of a | 12 | | parent or legal guardian of the minor,
the employer, and an | 13 | | authorized representative of a collective bargaining unit
if a | 14 | | collective bargaining unit represents the minor upon | 15 | | employment. The
Department of Labor shall promulgate and | 16 | | publish all necessary rules for the
enforcement of this | 17 | | Section, in accordance with the Illinois Administrative
| 18 | | Procedure Act, within 60 days after the effective date of this | 19 | | amendatory Act
of 1994.
| 20 | | (Source: P.A. 88-594, eff. 8-26-94.)
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