Public Act 099-0017
 
SB0038 EnrolledLRB099 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.)