093_HB3861

 
                                     LRB093 13677 WGH 19065 b

 1        AN ACT concerning 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)  Except  as  otherwise  provided  in   this
 8    Section, every employer shall pay to each of his employees in
 9    every  occupation wages of not less than $2.30 per hour or in
10    the case of employees under 18 years of age wages of not less
11    than $1.95 per hour, except as provided in Sections 5  and  6
12    of this Act, and on and after January 1, 1984, every employer
13    shall  pay to each of his employees in every occupation wages
14    of not less than $2.65 per hour or in the case  of  employees
15    under  18 years of age wages of not less than $2.25 per hour,
16    and on and after October 1, 1984 every employer shall pay  to
17    each  of  his employees in every occupation wages of not less
18    than $3.00 per hour or in the  case  of  employees  under  18
19    years of age wages of not less than $2.55 per hour, and on or
20    after  July  1,  1985 every employer shall pay to each of his
21    employees in every occupation wages of not  less  than  $3.35
22    per  hour  or  in the case of employees under 18 years of age
23    wages of not less than $2.85 per hour, and  from  January  1,
24    2004  through  December  31, 2004 every employer shall pay to
25    each of his or her employees who is 18 years of age or  older
26    in  every  occupation  wages of not less than $5.50 per hour,
27    and on and after January 1, 2005 every employer shall pay  to
28    each  of his or her employees who is 18 years of age or older
29    in every occupation wages of not less than $6.50 per hour.
30        At no time shall the wages paid to any employee under  18
31    years  of age be more than 50¢ less than the wage required to
 
                            -2-      LRB093 13677 WGH 19065 b
 1    be paid to employees who are at least 18 years of age.
 2        (b)  No employer shall discriminate between employees  on
 3    the  basis  of  sex or mental or physical handicap, except as
 4    otherwise provided in this Act by paying wages  to  employees
 5    at  a  rate  less  than  the  rate  at which he pays wages to
 6    employees for the same or substantially similar work on  jobs
 7    the  performance  of  which requires equal skill, effort, and
 8    responsibility, and which are performed under similar working
 9    conditions, except where such payment is made pursuant to (1)
10    a seniority system; (2) a merit system; (3)  a  system  which
11    measures  earnings  by  quantity or quality of production; or
12    (4) a differential based on any other factor other  than  sex
13    or  mental or physical handicap, except as otherwise provided
14    in this Act.
15        (c)  Every  employer  of  an  employee  engaged   in   an
16    occupation  in  which gratuities have customarily and usually
17    constituted  and  have  been  recognized  as  part   of   the
18    remuneration  for  hire  purposes is entitled to an allowance
19    for gratuities as part of the hourly wage  rate  provided  in
20    Section  4,  subsection (a) in an amount not to exceed 40% of
21    the applicable minimum wage rate. The Director shall  require
22    each employer desiring an allowance for gratuities to provide
23    substantial  evidence  that the amount claimed, which may not
24    exceed 40% of the applicable minimum wage rate, was  received
25    by  the  employee  in  the  period  for  which  the  claim of
26    exemption is made, and no part thereof was  returned  to  the
27    employer.
28        (d)  No  camp  counselor who resides on the premises of a
29    seasonal camp  of  an  organized  not-for-profit  corporation
30    shall  be  subject  to  the  adult  minimum  wage if the camp
31    counselor (1) works 40  or  more  hours  per  week,  and  (2)
32    receives  a  total  weekly  salary of not less than the adult
33    minimum wage for a 40-hour week.  If the counselor works less
34    than 40 hours per week,  the  counselor  shall  be  paid  the
 
                            -3-      LRB093 13677 WGH 19065 b
 1    minimum  hourly wage for each hour worked.  Every employer of
 2    a camp counselor under this  subsection  is  entitled  to  an
 3    allowance  for  meals  and lodging as part of the hourly wage
 4    rate provided in Section 4, subsection (a), in an amount  not
 5    to exceed 25% of the minimum wage rate.
 6        (e)  A  camp  counselor  employed  at  a  day  camp of an
 7    organized not-for-profit corporation is not  subject  to  the
 8    adult minimum wage if the camp counselor is paid a stipend on
 9    a  onetime  or periodic basis and, if the camp counselor is a
10    minor, the minor's parent, guardian or  other  custodian  has
11    consented  in  writing  to  the  terms  of payment before the
12    commencement of such employment.
13        (f)  If an Illinois employer reasonably demonstrates that
14    its manufactured goods are in competition with foreign  goods
15    that  are  manufactured in violation of United States foreign
16    trade law, the minimum hourly wage set  forth  in  subsection
17    (a)  does not apply; instead, at no time shall the wages paid
18    by that employer to each employee in every occupation be less
19    than the federal minimum hourly wage prescribed by  the  Fair
20    Labor  Standards  Act  of  1938  (29  USC  201  et seq.). The
21    Department shall adopt rules  to  implement  this  subsection
22    (f).
23        (g)  If  an  Illinois  manufacturer  has  a manufacturing
24    facility in another state and the minimum hourly wage in that
25    state is lower than the minimum  hourly  wage  set  forth  in
26    subsection   (a),  the  minimum  hourly  wage  set  forth  in
27    subsection (a) does not apply; instead, at no time shall  the
28    wages  paid  by  that  employer  to  each  employee  in every
29    occupation be less  than  the  federal  minimum  hourly  wage
30    prescribed  by  the  Fair Labor Standards Act of 1938 (29 USC
31    201 et seq.). This subsection (g) does not apply to employers
32    that do not operate a manufacturing  process  as  defined  by
33    Section  2-45  of  the  Retailers'  Occupation  Tax Act.  The
34    Department shall adopt rules  to  implement  this  subsection
 
                            -4-      LRB093 13677 WGH 19065 b
 1    (g).
 2    (Source: P.A. 93-581, eff. 1-1-04.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.