99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0432
 
Introduced , by Rep. William Davis
 
SYNOPSIS AS INTRODUCED:



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

 Amends the Minimum Wage Law. Provides that employees earning less than $69,000 per year and the weekly or monthly equivalent shall be entitled to overtime pay. Provides that the amount shall increase annually by the percentage increase in the consumer price index.



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FISCAL NOTE ACT MAY APPLY
 
 
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 an the amount of salary greater than $69,000 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.


 
 
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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 (3) Any employer may employ any employee for a period or 
24periods of not
more than 10 hours in the aggregate in any 
25workweek in excess of the maximum
hours specified in subsection 
26(1) of this Section without paying the
compensation for 
 
 
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1overtime employment prescribed in subsection (1) if during
that 
2period or periods the employee is receiving remedial education 
3that:


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


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


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


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