Creating exception allowing school service personnel, deputy sheriffs, and correctional officers to be reemployed and work without income limitation while recieving retirement

2025 Regular Session Introduced by David Green

HB 3459 would require overtime pay after 32 hours in a workweek, instead of 40, with immediate effect if the emergency clause is enacted.

To House Finance

#retirement

Summary — HB 3459 (104th General Assembly, Rep. Carol Ammons)

Title: Relating to human development education; declaring an emergency.
Primary subject: Amendment to the Illinois Minimum Wage Law (overtime threshold)
Introduced: Feb 18/27, 2025 — Rep. Carol Ammons
Status: In committee upon adjournment (public hearing held 2025-04-15; left pending).
Companion: SB 1018

Main purpose / intent

HB 3459 would change Illinois’ overtime threshold under the state Minimum Wage Law so that employers must pay overtime (time-and-a-half) after 32 hours worked in a single workweek rather than the current 40 hours. The bill also contains a declaration of emergency, which—if adopted—would make the law effective immediately upon enactment.

Key provisions

Amends Sections 4 and 4a of the Illinois Minimum Wage Law.

Lowers the standard overtime threshold: no employer may require an employee to work more than 32 hours in a workweek unless hours above 32 are paid at not less than 1.5 times the employee’s regular rate.

Makes conforming statutory changes to reflect the new 32-hour threshold.

Title indicates an emergency clause (implying immediate effective date upon signature if the clause is enacted).

Note: The bill text otherwise leaves existing minimum wage amounts and other minimum-wage provisions intact (the bill excerpt retains historical wage schedule language). It does not, in the excerpt provided, enumerate exemptions (e.g., certain salaried or executive exemptions) or alter definitions beyond changing the overtime hour threshold.

Who would be affected

Employees: Most hourly and many salaried workers covered by the Illinois Minimum Wage Law would become eligible for overtime pay after 32 hours in a workweek rather than 40, increasing pay for workers who currently work 32–39 hours overtime-adjusted.

Employers: Businesses operating in Illinois would face higher labor costs where employees work more than 32 hours per week. Employers may respond by changing scheduling (e.g., limiting shifts to 32 hours), hiring additional staff, or absorbing higher payroll costs.

State agencies and courts: Enforcement and adjudication bodies would need to apply the new threshold; compliance guidance and recordkeeping practices may require updates.

Procedural / timeline notes

Introduced and read in early 2025; referred to Rules, Education, and Appropriations committees; public committee hearing on April 15, 2025; left pending.

Because the title declares an emergency, the bill intends immediate effect upon enactment (subject to adoption of the emergency clause by the General Assembly).

Potential impacts / considerations

Financial impact: likely increased employer payroll costs and possible upward pressure on wages for affected workers; fiscal effects depend on employer responses and the number of workers who would receive additional overtime pay.

Operational impact: employers may change scheduling, hire part-time workers, or adjust hours to avoid overtime triggers.

Legal/administrative: clarification needed on exemptions and the effect on salaried employees and existing overtime exemptions; rulemaking or guidance may be required.

For further detail, consult the full bill text and companion SB 1018 as the measure moves through committees.