093_SB0600enr

 
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 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  January  1,  2004 through
24    December 31, 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 $5.50 per hour, and on  and
27    after January 1, 2005 every employer shall pay to each of his
28    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        At no time shall the wages paid by every employer to each
31    of his employees in every occupation be less than the federal
 
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 1    minimum hourly wage prescribed by Section 206(a)(1) of  Title
 2    29  of the United States Code, and At no time shall the wages
 3    paid to any employee under 18 years of age be more  than  50¢
 4    less  than  the wage required to be paid to employees who are
 5    at least 18 years of age.
 6        (b)  No employer shall discriminate between employees  on
 7    the  basis  of  sex or mental or physical handicap, except as
 8    otherwise provided in this Act by paying wages  to  employees
 9    at  a  rate  less  than  the  rate  at which he pays wages to
10    employees for the same or substantially similar work on  jobs
11    the  performance  of  which requires equal skill, effort, and
12    responsibility, and which are performed under similar working
13    conditions, except where such payment is made pursuant to (1)
14    a seniority system; (2) a merit system; (3)  a  system  which
15    measures  earnings  by  quantity or quality of production; or
16    (4) a differential based on any other factor other  than  sex
17    or  mental or physical handicap, except as otherwise provided
18    in this Act.
19        (c)  Every  employer  of  an  employee  engaged   in   an
20    occupation  in  which gratuities have customarily and usually
21    constituted  and  have  been  recognized  as  part   of   the
22    remuneration  for  hire  purposes is entitled to an allowance
23    for gratuities as part of the hourly wage  rate  provided  in
24    Section  4,  subsection (a) in an amount not to exceed 40% of
25    the applicable minimum wage rate. The Director shall  require
26    each employer desiring an allowance for gratuities to provide
27    substantial  evidence  that the amount claimed, which may not
28    exceed 40% of the applicable minimum wage rate, was  received
29    by  the  employee  in  the  period  for  which  the  claim of
30    exemption is made, and no part thereof was  returned  to  the
31    employer.
32        (d)  No  camp  counselor who resides on the premises of a
33    seasonal camp  of  an  organized  not-for-profit  corporation
34    shall  be  subject  to  the  adult  minimum  wage if the camp
 
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 1    counselor (1) works 40  or  more  hours  per  week,  and  (2)
 2    receives  a  total  weekly  salary of not less than the adult
 3    minimum wage for a 40-hour week.  If the counselor works less
 4    than 40 hours per week,  the  counselor  shall  be  paid  the
 5    minimum  hourly wage for each hour worked.  Every employer of
 6    a camp counselor under this  subsection  is  entitled  to  an
 7    allowance  for  meals  and lodging as part of the hourly wage
 8    rate provided in Section 4, subsection (a), in an amount  not
 9    to exceed 25% of the minimum wage rate.
10        (e)  A  camp  counselor  employed  at  a  day  camp of an
11    organized not-for-profit corporation is not  subject  to  the
12    adult minimum wage if the camp counselor is paid a stipend on
13    a  onetime  or periodic basis and, if the camp counselor is a
14    minor, the minor's parent, guardian or  other  custodian  has
15    consented  in  writing  to  the  terms  of payment before the
16    commencement of such employment.
17    (Source: P.A. 86-502.)

18        Section 99.  Effective date.  This Act  takes  effect  on
19    January 1, 2004.