Bill Text: IL HB2749 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Minimum Wage Law. Provides that the overtime requirements of the Law do not apply to an employee employed in a bona fide executive, administrative, or professional capacity as defined by or covered by the federal Fair Labor Standards Act of 1938 but compensated at a salary greater than $47,476 per year (rather than an amount specified by a federal regulation) or the weekly or monthly portion thereof or a greater salary as may be adopted by the U.S. Department of Labor. Provides that the amount shall increase annually by the percentage increase in the Consumer Price Index. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB2749 Detail]
Download: Illinois-2017-HB2749-Introduced.html
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
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 hours above specified at a | ||||||||||||||||||||||||
11 | rate not less than 1 1/2 times the regular
rate at which he is | ||||||||||||||||||||||||
12 | 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.
|
| |||||||
| |||||||
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 an the amount of salary greater than $47,476 per year or | ||||||
13 | the weekly or monthly portion thereof specified in | ||||||
14 | subsections (a) and
(b) of Section 541.600 of Title 29 of | ||||||
15 | the Code of Federal
Regulations as proposed in the Federal | ||||||
16 | Register on March
31, 2003 or a greater amount of salary as | ||||||
17 | may be adopted by
the United States Department of Labor. | ||||||
18 | The compensation amount set forth in this item (E) shall be | ||||||
19 | increased each year by the percentage increase in the | ||||||
20 | Consumer Price Index for the preceding calendar year. For | ||||||
21 | bona fide executive,
administrative, and professional | ||||||
22 | employees of not-for-profit corporations,
the Director | ||||||
23 | may, by regulation, adopt a weekly wage rate standard lower
| ||||||
24 | than that provided for executive, administrative, and | ||||||
25 | professional
employees covered under the Fair Labor | ||||||
26 | Standards Act of 1938, as now or
hereafter amended.
|
| |||||||
| |||||||
1 | F. Any commissioned employee as described in paragraph | ||||||
2 | (i) of Section
7 of the Federal Fair Labor Standards Act of | ||||||
3 | 1938 and rules and regulations
promulgated thereunder, as | ||||||
4 | now or hereafter amended.
| ||||||
5 | G. Any employment of an employee in the stead of | ||||||
6 | another employee of the
same employer pursuant to a | ||||||
7 | worktime exchange agreement between employees.
| ||||||
8 | H. Any employee of a not-for-profit educational or | ||||||
9 | residential child care
institution who (a) on a daily basis | ||||||
10 | is directly involved in educating or
caring for children | ||||||
11 | who (1) are orphans, foster children, abused,
neglected or | ||||||
12 | abandoned children, or are otherwise homeless children
and | ||||||
13 | (2) reside in residential facilities of the institution and | ||||||
14 | (b) is
compensated at an annual rate of not less than | ||||||
15 | $13,000 or, if the employee
resides in such facilities and | ||||||
16 | receives without cost board and lodging from
such | ||||||
17 | institution, not less than $10,000.
| ||||||
18 | I. Any employee employed as a crew member of any | ||||||
19 | uninspected towing
vessel, as defined by Section 2101(40) | ||||||
20 | of Title 46 of the United States Code,
operating in any | ||||||
21 | navigable waters in or along the boundaries of the State of
| ||||||
22 | Illinois.
| ||||||
23 | J. Any employee who is a member of a bargaining unit | ||||||
24 | recognized by the Illinois Labor Relations Board and whose | ||||||
25 | union has contractually agreed to an alternate shift | ||||||
26 | schedule as allowed by subsection (b) of Section 7 of the |
| |||||||
| |||||||
1 | Fair Labor Standards Act of 1938. | ||||||
2 | (3) Any employer may employ any employee for a period or | ||||||
3 | periods of not
more than 10 hours in the aggregate in any | ||||||
4 | workweek in excess of the maximum
hours specified in subsection | ||||||
5 | (1) of this Section without paying the
compensation for | ||||||
6 | overtime employment prescribed in subsection (1) if during
that | ||||||
7 | period or periods the employee is receiving remedial education | ||||||
8 | that:
| ||||||
9 | (a) is provided to employees who lack a high school | ||||||
10 | diploma or educational
attainment at the eighth grade | ||||||
11 | level;
| ||||||
12 | (b) is designed to provide reading and other basic | ||||||
13 | skills at an eighth
grade level or below; and
| ||||||
14 | (c) does not include job specific training. | ||||||
15 | (4) A governmental body is not in violation of subsection | ||||||
16 | (1) if the governmental body provides compensatory time | ||||||
17 | pursuant to paragraph (o) of Section 7 of the Federal Fair | ||||||
18 | Labor Standards Act of 1938, as now or hereafter amended, or is | ||||||
19 | engaged in fire protection or law enforcement activities and | ||||||
20 | meets the requirements of paragraph (k) of Section 7 or | ||||||
21 | paragraph (b)(20) of Section 13 of the Federal Fair Labor | ||||||
22 | Standards Act of 1938, as now or hereafter amended.
| ||||||
23 | (Source: P.A. 99-17, eff. 1-1-16 .)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
|