Bill Text: IL SB1916 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Minimum Wage Law. Provides that no certified nursing assistant shall be required to work mandated overtime except in cases of an unforeseen emergent circumstance when such overtime is required only as a last resort, and only 4 additional hours in such cases. Provides that when a certified nursing assistant is mandated to work up to 12 consecutive hours, the certified nursing assistant must be allowed at least 8 consecutive hours of off-duty time immediately following the completion of such a shift. Provides that no employer shall discipline, discharge, or take any other adverse action against a certified nursing assistant solely because the certified nursing assistant refused to work mandated overtime as prohibited.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1916 Detail]

Download: Illinois-2011-SB1916-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1916 Introduced 2/10/2011, by Sen. Donne E. Trotter SYNOPSIS AS INTRODUCED:
820 ILCS 105/4a from Ch. 48, par. 1004a
Amends the Minimum Wage Law. Provides that no certified nursing assistant shall be required to work mandated overtime except in cases of an unforeseen emergent circumstance when such overtime is required only as a last resort, and only 4 additional hours in such cases. Provides that when a certified nursing assistant is mandated to work up to 12 consecutive hours, the certified nursing assistant must be allowed at least 8 consecutive hours of off-duty time immediately following the completion of such a shift. Provides that no employer shall discipline, discharge, or take any other adverse action against a certified nursing assistant solely because the certified nursing assistant refused to work mandated overtime as prohibited.
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A BILL FOR
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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.

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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.

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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.
(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

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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.
(5) Mandated overtime prohibited for certified nursing
assistants.
(a) No certified nursing assistant shall be required to
work mandated overtime except in cases of an unforeseen
emergent circumstance when such overtime is required only
as a last resort. Mandated overtime in the case of an
unforeseen emergent circumstance shall not exceed 4 hours
beyond a predetermined work shift agreed to by the employer
and the certified nursing assistant.
(b) When a certified nursing assistant is mandated to
work up to 12 consecutive hours, the certified nursing
assistant must be allowed at least 8 consecutive hours of
off-duty time immediately following the completion of such

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a shift.
(c) No employer shall discipline, discharge, or take
any other adverse action against a certified nursing
assistant solely because the certified nursing assistant
refused to work mandated overtime as prohibited under this
subsection (5).
(d) As used in this subsection (5):
"Certified nurse assistant" means an individual
certified as defined in Section 3-206 of the Nursing
Home Care Act or Section 3-206 of the MR/DD Community
Care Act.
"Mandated overtime" means work that is required by
the employer in excess of an agreed-to, predetermined
work shift. Time spent by certified nursing assistants
required to be available as a condition of specialized
units, such as surgical nursing services, shall not be
counted or considered in calculating the amount of time
worked for the purpose of applying the prohibition
against mandated overtime under this subsection (5).
"Unforeseen emergent circumstance" means any
declared national, State, or municipal disaster, other
catastrophic event, or any implementation of a
hospital or nursing home's disaster plan, that will
substantially affect or increase the need for health
care services. An "unforeseen emergent circumstance"
does not include situations in which the employer fails

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to have enough staff to meet the usual and reasonably
predictable needs of its patients or residents.
(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)