99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0038
 
Introduced 1/15/2015, by Sen. Pamela J. Althoff
 
SYNOPSIS AS INTRODUCED:






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

 Amends the Minimum Wage Law. Provides that overtime compensation provisions of the Law do not apply to 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 specified provisions of the Fair Labor Standards Act of 1938.



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A BILL FOR
 


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1 AN ACT concerning employment.


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

3represented in the General Assembly:



4 Section 5. The Minimum Wage Law is amended by changing 
5Section 4a as follows:




6 (820 ILCS 105/4a) (from Ch. 48, par. 1004a)



7 Sec. 4a. (1) Except as otherwise provided in this Section, 
8no employer
shall employ any of his employees for a workweek of 
9more than 40 hours
unless such employee receives compensation 
10for his employment in excess of
the hours above specified at a 
11rate not less than 1 1/2 times the regular
rate at which he is 
12employed.

13 (2) The provisions of subsection (1) of this Section are 
14not 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  J. Any employee who is a member of a bargaining unit 
20 recognized by the Illinois Labor Relations Board and whose 
21 union has contractually agreed to an alternate shift 
22 schedule as allowed by subsection (b) of Section 7 of the 
23 Fair Labor Standards Act of 1938. 
24 (3) Any employer may employ any employee for a period or 
25periods of not
more than 10 hours in the aggregate in any 
26workweek in excess of the maximum
hours specified in subsection 
 
 
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1(1) of this Section without paying the
compensation for 
2overtime employment prescribed in subsection (1) if during
that 
3period or periods the employee is receiving remedial education 
4that:


5  (a) is provided to employees who lack a high school 
6 diploma or educational
attainment at the eighth grade 
7 level;


8  (b) is designed to provide reading and other basic 
9 skills at an eighth
grade level or below; and


10  (c) does not include job specific training.
11 (4) A governmental body is not in violation of subsection 
12(1) if the governmental body provides compensatory time 
13pursuant to paragraph (o) of Section 7 of the Federal Fair 
14Labor Standards Act of 1938, as now or hereafter amended, or is 
15engaged in fire protection or law enforcement activities and 
16meets the requirements of paragraph (k) of Section 7 or 
17paragraph (b)(20) of Section 13 of the Federal Fair Labor 
18Standards Act of 1938, as now or hereafter amended.


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