093_SB0600

 
                                     LRB093 03347 WGH 06123 b

 1        AN ACT in relation to 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 4 as follows:

 6        (820 ILCS 105/4) (from Ch. 48, par. 1004)
 7        Sec. 4.   (a)   Beginning  January  1,  2004,  and  until
 8    January  1, 2005, every employer shall pay, to each of his or
 9    her employees who has reached the age of 18 years, wages at a
10    rate of not less than $6.50 per hour.
11        Beginning on January 1, 2005, every employer shall pay to
12    each of his or her employees who has reached the  age  of  18
13    years wages at a rate of not less than the amount established
14    under this subsection (a).
15        On  September  30,  2004, and on each following September
16    30th, the Department of Labor  shall  calculate  an  adjusted
17    minimum  wage  rate  to maintain employee purchasing power by
18    increasing the current year's minimum wage rate by  the  rate
19    of  inflation.  The  adjusted  minimum  wage  rate  shall  be
20    calculated to the nearest cent using the consumer price index
21    for  urban  wage  earners  and  clerical workers, CPI-W, or a
22    successor index, for the 12 months prior  to  each  September
23    1st  as  calculated by the United States Department of Labor.
24    Each  adjusted  minimum  wage  rate  calculated  under   this
25    subsection (a) takes effect on the following January 1st.
26        The Director of Labor shall by rule establish the minimum
27    wage  for employees under the age of 18 years. Every employer
28    shall pay to each of his employees in every occupation  wages
29    of  not  less than $2.30 per hour or in the case of employees
30    under 18 years of age wages of not less than $1.95 per  hour,
31    except  as  provided  in Sections 5 and 6 of this Act, and on
 
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 1    and after January 1, 1984, every employer shall pay  to  each
 2    of  his  employees in every occupation wages of not less than
 3    $2.65 per hour or in the case of employees under 18 years  of
 4    age  wages  of not less than $2.25 per hour, and on and after
 5    October 1, 1984 every employer  shall  pay  to  each  of  his
 6    employees  in  every  occupation wages of not less than $3.00
 7    per hour or in the case of employees under 18  years  of  age
 8    wages  of  not less than $2.55 per hour and on and after July
 9    1, 1985 every employer shall pay to each of his employees  in
10    every  occupation wages of not less than $3.35 per hour or in
11    the case of employees under 18 years of age wages of not less
12    than $2.85 per hour.
13        At no time shall the wages paid by every employer to each
14    of his employees in every occupation be less than the federal
15    minimum hourly wage prescribed by Section 206(a)(1) of  Title
16    29  of the United States Code, and at no time shall the wages
17    paid to any employee under 18 years of age be more  than  50¢
18    less  than  the wage required to be paid to employees who are
19    at least 18 years of age.
20        (b)  No employer shall discriminate between employees  on
21    the  basis  of  sex or mental or physical handicap, except as
22    otherwise provided in this Act by paying wages  to  employees
23    at  a  rate  less  than  the  rate  at which he pays wages to
24    employees for the same or substantially similar work on  jobs
25    the  performance  of  which requires equal skill, effort, and
26    responsibility, and which are performed under similar working
27    conditions, except where such payment is made pursuant to (1)
28    a seniority system; (2) a merit system; (3)  a  system  which
29    measures  earnings  by  quantity or quality of production; or
30    (4) a differential based on any other factor other  than  sex
31    or  mental or physical handicap, except as otherwise provided
32    in this Act.
33        (c)  (Blank). Every employer of an employee engaged in an
34    occupation in which gratuities have customarily  and  usually
 
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 1    constituted   and   have  been  recognized  as  part  of  the
 2    remuneration for hire purposes is entitled  to  an  allowance
 3    for  gratuities  as  part of the hourly wage rate provided in
 4    Section 4, subsection (a) in an amount not to exceed  40%  of
 5    the  applicable minimum wage rate. The Director shall require
 6    each employer desiring an allowance for gratuities to provide
 7    substantial evidence that the amount claimed, which  may  not
 8    exceed  40% of the applicable minimum wage rate, was received
 9    by the  employee  in  the  period  for  which  the  claim  of
10    exemption  is  made,  and no part thereof was returned to the
11    employer.
12        (d)  No camp counselor who resides on the premises  of  a
13    seasonal  camp  of  an  organized  not-for-profit corporation
14    shall be subject to  the  adult  minimum  wage  if  the  camp
15    counselor  (1)  works  40  or  more  hours  per week, and (2)
16    receives a total weekly salary of not  less  than  the  adult
17    minimum wage for a 40-hour week.  If the counselor works less
18    than  40  hours  per  week,  the  counselor shall be paid the
19    minimum hourly wage for each hour worked.  Every employer  of
20    a  camp  counselor  under  this  subsection is entitled to an
21    allowance for meals and lodging as part of  the  hourly  wage
22    rate  provided in Section 4, subsection (a), in an amount not
23    to exceed 25% of the minimum wage rate.
24        (e)  A camp counselor  employed  at  a  day  camp  of  an
25    organized  not-for-profit  corporation  is not subject to the
26    adult minimum wage if the camp counselor is paid a stipend on
27    a onetime or periodic basis and, if the camp counselor  is  a
28    minor,  the  minor's  parent, guardian or other custodian has
29    consented in writing to  the  terms  of  payment  before  the
30    commencement of such employment.
31    (Source: P.A. 86-502.)