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Public Act 102-0832


 

Public Act 0832 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0832
 
SB3161 EnrolledLRB102 23338 SPS 32504 b

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

Effective Date: 1/1/2023