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| Public Act 102-0832 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Child Labor Law is amended by changing | ||||
Sections 3 and 8.1 as follows:
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(820 ILCS 205/3) (from Ch. 48, par. 31.3)
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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.
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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
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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.
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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.
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(Source: P.A. 92-592, eff. 6-27-02.)
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(820 ILCS 205/8.1) (from Ch. 48, par. 31.8-1)
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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.
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(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
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Procedure Act, within 60 days after the effective date of this | ||
amendatory Act
of 1994.
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(Source: P.A. 88-594, eff. 8-26-94.)
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