093_SB0600eng SB600 Engrossed 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) Every employer shall pay to each of his 8 employees in every occupation wages of not less than $2.30 9 per hour or in the case of employees under 18 years of age 10 wages of not less than $1.95 per hour, except as provided in 11 Sections 5 and 6 of this Act, and on and after January 1, 12 1984, every employer shall pay to each of his employees in 13 every occupation wages of not less than $2.65 per hour or in 14 the case of employees under 18 years of age wages of not less 15 than $2.25 per hour, and on and after October 1, 1984 every 16 employer shall pay to each of his employees in every 17 occupation wages of not less than $3.00 per hour or in the 18 case of employees under 18 years of age wages of not less 19 than $2.55 per hour, and on or after July 1, 1985 every 20 employer shall pay to each of his employees in every 21 occupation wages of not less than $3.35 per hour or in the 22 case of employees under 18 years of age wages of not less 23 than $2.85 per hour, and from September 1, 2003 through 24 September 5, 2004 every employer shall pay to each of his or 25 her employees who is 18 years of age or older in every 26 occupation wages of not less than $6 per hour, and on and 27 after September 6, 2004 every employer shall pay to each of 28 his or her employees who is 18 years of age or older in every 29 occupation wages of not less than $6.50 per hour. 30 The Director of Labor shall by rule establish the minimum 31 wage for employees under the age of 18 years. SB600 Engrossed -2- LRB093 03347 WGH 06123 b 1At no time shall the wages paid by every employer to each2of his employees in every occupation be less than the federal3minimum hourly wage prescribed by Section 206(a)(1) of Title429 of the United States Code, and at no time shall the wages5paid to any employee under 18 years of age be more than 50¢6less than the wage required to be paid to employees who are7at least 18 years of age.8 (b) No employer shall discriminate between employees on 9 the basis of sex or mental or physical handicap, except as 10 otherwise provided in this Act by paying wages to employees 11 at a rate less than the rate at which he pays wages to 12 employees for the same or substantially similar work on jobs 13 the performance of which requires equal skill, effort, and 14 responsibility, and which are performed under similar working 15 conditions, except where such payment is made pursuant to (1) 16 a seniority system; (2) a merit system; (3) a system which 17 measures earnings by quantity or quality of production; or 18 (4) a differential based on any other factor other than sex 19 or mental or physical handicap, except as otherwise provided 20 in this Act. 21 (c) Every employer of an employee engaged in an 22 occupation in which gratuities have customarily and usually 23 constituted and have been recognized as part of the 24 remuneration for hire purposes is entitled to an allowance 25 for gratuities as part of the hourly wage rate provided in 26 Section 4, subsection (a) in an amount not to exceed 40% of 27 the applicable minimum wage rate. The Director shall require 28 each employer desiring an allowance for gratuities to provide 29 substantial evidence that the amount claimed, which may not 30 exceed 40% of the applicable minimum wage rate, was received 31 by the employee in the period for which the claim of 32 exemption is made, and no part thereof was returned to the 33 employer. 34 (d) No camp counselor who resides on the premises of a SB600 Engrossed -3- LRB093 03347 WGH 06123 b 1 seasonal camp of an organized not-for-profit corporation 2 shall be subject to the adult minimum wage if the camp 3 counselor (1) works 40 or more hours per week, and (2) 4 receives a total weekly salary of not less than the adult 5 minimum wage for a 40-hour week. If the counselor works less 6 than 40 hours per week, the counselor shall be paid the 7 minimum hourly wage for each hour worked. Every employer of 8 a camp counselor under this subsection is entitled to an 9 allowance for meals and lodging as part of the hourly wage 10 rate provided in Section 4, subsection (a), in an amount not 11 to exceed 25% of the minimum wage rate. 12 (e) A camp counselor employed at a day camp of an 13 organized not-for-profit corporation is not subject to the 14 adult minimum wage if the camp counselor is paid a stipend on 15 a onetime or periodic basis and, if the camp counselor is a 16 minor, the minor's parent, guardian or other custodian has 17 consented in writing to the terms of payment before the 18 commencement of such employment. 19 (Source: P.A. 86-502.) 20 Section 99. Effective date. This Act takes effect on 21 September 1, 2003.