093_SB0600sam002











                                     LRB093 03347 WGH 13024 a

 1                    AMENDMENT TO SENATE BILL 600

 2        AMENDMENT NO.     .  Amend Senate Bill 600  by  replacing
 3    everything after the enacting clause with the following:

 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 and  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
 
                            -2-      LRB093 03347 WGH 13024 a
 1    than  $2.85  per hour, and on and after January 1, 2004 every
 2    employer shall pay to each of his or her employees  in  every
 3    occupation  wages  of  not less than $6.50 per hour or in the
 4    case of employees under 18 years of age  wages  of  not  less
 5    than $6 per hour.
 6        At no time shall the wages paid by every employer to each
 7    of his employees in every occupation be less than the federal
 8    minimum  hourly wage prescribed by Section 206(a)(1) of Title
 9    29 of the United States Code, and at no time shall the  wages
10    paid  to  any employee under 18 years of age be more than 50¢
11    less than the wage required to be paid to employees  who  are
12    at least 18 years of age.
13        (b)  No  employer shall discriminate between employees on
14    the basis of sex or mental or physical  handicap,  except  as
15    otherwise  provided  in this Act by paying wages to employees
16    at a rate less than the  rate  at  which  he  pays  wages  to
17    employees  for the same or substantially similar work on jobs
18    the performance of which requires equal  skill,  effort,  and
19    responsibility, and which are performed under similar working
20    conditions, except where such payment is made pursuant to (1)
21    a  seniority  system;  (2) a merit system; (3) a system which
22    measures earnings by quantity or quality  of  production;  or
23    (4)  a  differential based on any other factor other than sex
24    or mental or physical handicap, except as otherwise  provided
25    in this Act.
26        (c)  Every   employer   of  an  employee  engaged  in  an
27    occupation in which gratuities have customarily  and  usually
28    constituted   and   have  been  recognized  as  part  of  the
29    remuneration for hire purposes is entitled  to  an  allowance
30    for  gratuities  as  part of the hourly wage rate provided in
31    Section 4, subsection (a) in an amount not to exceed  40%  of
32    the  applicable minimum wage rate. The Director shall require
33    each employer desiring an allowance for gratuities to provide
34    substantial evidence that the amount claimed, which  may  not
 
                            -3-      LRB093 03347 WGH 13024 a
 1    exceed  40% of the applicable minimum wage rate, was received
 2    by the  employee  in  the  period  for  which  the  claim  of
 3    exemption  is  made,  and no part thereof was returned to the
 4    employer.
 5        (d)  No camp counselor who resides on the premises  of  a
 6    seasonal  camp  of  an  organized  not-for-profit corporation
 7    shall be subject to  the  adult  minimum  wage  if  the  camp
 8    counselor  (1)  works  40  or  more  hours  per week, and (2)
 9    receives a total weekly salary of not  less  than  the  adult
10    minimum wage for a 40-hour week.  If the counselor works less
11    than  40  hours  per  week,  the  counselor shall be paid the
12    minimum hourly wage for each hour worked.  Every employer  of
13    a  camp  counselor  under  this  subsection is entitled to an
14    allowance for meals and lodging as part of  the  hourly  wage
15    rate  provided in Section 4, subsection (a), in an amount not
16    to exceed 25% of the minimum wage rate.
17        (e)  A camp counselor  employed  at  a  day  camp  of  an
18    organized  not-for-profit  corporation  is not subject to the
19    adult minimum wage if the camp counselor is paid a stipend on
20    a onetime or periodic basis and, if the camp counselor  is  a
21    minor,  the  minor's  parent, guardian or other custodian has
22    consented in writing to  the  terms  of  payment  before  the
23    commencement of such employment.
24    (Source: P.A. 86-502.)".