Illinois General Assembly - Full Text of HB3162
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Full Text of HB3162  95th General Assembly



State of Illinois
2007 and 2008


Introduced 2/26/2007, by Rep. Tom Cross


820 ILCS 105/4a   from Ch. 48, par. 1004a

    Amends the Minimum Wage Law. Makes a technical change in a Section concerning overtime.

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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 he
12 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 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 the amount of salary specified in subsections (a) and
13     (b) of Section 541.600 of Title 29 of the Code of Federal
14     Regulations as proposed in the Federal Register on March
15     31, 2003 or a greater amount of salary as may be adopted by
16     the United States Department of Labor. For bona fide
17     executive, administrative, and professional employees of
18     not-for-profit corporations, the Director may, by
19     regulation, adopt a weekly wage rate standard lower than
20     that provided for executive, administrative, and
21     professional employees covered under the Fair Labor
22     Standards Act of 1938, as now or hereafter amended.
23         F. Any commissioned employee as described in paragraph
24     (i) of Section 7 of the Federal Fair Labor Standards Act of
25     1938 and rules and regulations promulgated thereunder, as
26     now or hereafter amended.



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1         G. Any employment of an employee in the stead of
2     another employee of the same employer pursuant to a
3     worktime exchange agreement between employees.
4         H. Any employee of a not-for-profit educational or
5     residential child care institution who (a) on a daily basis
6     is directly involved in educating or caring for children
7     who (1) are orphans, foster children, abused, neglected or
8     abandoned children, or are otherwise homeless children and
9     (2) reside in residential facilities of the institution and
10     (b) is compensated at an annual rate of not less than
11     $13,000 or, if the employee resides in such facilities and
12     receives without cost board and lodging from such
13     institution, not less than $10,000.
14         I. Any employee employed as a crew member of any
15     uninspected towing vessel, as defined by Section 2101(40)
16     of Title 46 of the United States Code, operating in any
17     navigable waters in or along the boundaries of the State of
18     Illinois.
19     (3) Any employer may employ any employee for a period or
20 periods of not more than 10 hours in the aggregate in any
21 workweek in excess of the maximum hours specified in subsection
22 (1) of this Section without paying the compensation for
23 overtime employment prescribed in subsection (1) if during that
24 period or periods the employee is receiving remedial education
25 that:
26         (a) is provided to employees who lack a high school



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1     diploma or educational attainment at the eighth grade
2     level;
3         (b) is designed to provide reading and other basic
4     skills at an eighth grade level or below; and
5         (c) does not include job specific training.
6     (4) A governmental body is not in violation of subsection
7 (1) if the governmental body provides compensatory time
8 pursuant to paragraph (o) of Section 7 of the Federal Fair
9 Labor Standards Act of 1938, as now or hereafter amended, or is
10 engaged in fire protection or law enforcement activities and
11 meets the requirements of paragraph (k) of Section 7 or
12 paragraph (b)(20) of Section 13 of the Federal Fair Labor
13 Standards Act of 1938, as now or hereafter amended.
14 (Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)