Public Act 099-0017

SB0038 Enrolled LRB099 03762 SXM 23775 b

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Minimum Wage Law is amended by changing

Section 4a as follows:

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

Sec. 4a. (1) Except as otherwise provided in this Section,

no employer shall employ any of his employees for a workweek of

more than 40 hours unless such employee receives compensation

for his employment in excess of the hours above specified at a

rate not less than 1 1/2 times the regular rate at which he is

employed.

(2) The provisions of subsection (1) of this Section are

not applicable to:

A. Any salesman or mechanic primarily engaged in

selling or servicing automobiles, trucks or farm

implements, if he is employed by a nonmanufacturing

establishment primarily engaged in the business of selling

such vehicles or implements to ultimate purchasers.

B. Any salesman primarily engaged in selling trailers,

boats, or aircraft, if he is employed by a nonmanufacturing

establishment primarily engaged in the business of selling

trailers, boats, or aircraft to ultimate purchasers.

C. Any employer of agricultural labor, with respect to

such agricultural employment.

D. Any employee of a governmental body excluded from

the definition of "employee" under paragraph (e)(2)(C) of

Section 3 of the Federal Fair Labor Standards Act of 1938.

E. Any employee employed in a bona fide executive,

administrative or professional capacity, including any

radio or television announcer, news editor, or chief

engineer, as defined by or covered by the Federal Fair

Labor Standards Act of 1938 and the rules adopted under

that Act, as both exist on March 30, 2003, but compensated

at the amount of salary specified in subsections (a) and

(b) of Section 541.600 of Title 29 of the Code of Federal

Regulations as proposed in the Federal Register on March

31, 2003 or a greater amount of salary as may be adopted by

the United States Department of Labor. For bona fide

executive, administrative, and professional employees of

not-for-profit corporations, the Director may, by

regulation, adopt a weekly wage rate standard lower than

that provided for executive, administrative, and

professional employees covered under the Fair Labor

Standards Act of 1938, as now or hereafter amended.

F. Any commissioned employee as described in paragraph

(i) of Section 7 of the Federal Fair Labor Standards Act of

1938 and rules and regulations promulgated thereunder, as

now or hereafter amended.

G. Any employment of an employee in the stead of

another employee of the same employer pursuant to a

worktime exchange agreement between employees.

H. Any employee of a not-for-profit educational or

residential child care institution who (a) on a daily basis

is directly involved in educating or caring for children

who (1) are orphans, foster children, abused, neglected or

abandoned children, or are otherwise homeless children and

(2) reside in residential facilities of the institution and

(b) is compensated at an annual rate of not less than

$13,000 or, if the employee resides in such facilities and

receives without cost board and lodging from such

institution, not less than $10,000.

I. Any employee employed as a crew member of any

uninspected towing vessel, as defined by Section 2101(40)

of Title 46 of the United States Code, operating in any

navigable waters in or along the boundaries of the State of

Illinois.

J. Any employee who is a member of a bargaining unit

recognized by the Illinois Labor Relations Board and whose

union has contractually agreed to an alternate shift

schedule as allowed by subsection (b) of Section 7 of the

Fair Labor Standards Act of 1938.

(3) Any employer may employ any employee for a period or

periods of not more than 10 hours in the aggregate in any

workweek in excess of the maximum hours specified in subsection

(1) of this Section without paying the compensation for

overtime employment prescribed in subsection (1) if during that

period or periods the employee is receiving remedial education

that:

(a) is provided to employees who lack a high school

diploma or educational attainment at the eighth grade

level;

(b) is designed to provide reading and other basic

skills at an eighth grade level or below; and

(c) does not include job specific training.

(4) A governmental body is not in violation of subsection

(1) if the governmental body provides compensatory time

pursuant to paragraph (o) of Section 7 of the Federal Fair

Labor Standards Act of 1938, as now or hereafter amended, or is

engaged in fire protection or law enforcement activities and

meets the requirements of paragraph (k) of Section 7 or

paragraph (b)(20) of Section 13 of the Federal Fair Labor

Standards Act of 1938, as now or hereafter amended.

(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)