Illinois General Assembly - Full Text of SB0600
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Full Text of SB0600  93rd General Assembly

SB0600sam001 93rd General Assembly


093_SB0600sam001

 










                                     LRB093 03347 WGH 11659 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)   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
 
                            -2-      LRB093 03347 WGH 11659 a
 1    1st  as  calculated by the United States Department of Labor.
 2    Each  adjusted  minimum  wage  rate  calculated  under   this
 3    subsection  (a)  takes  effect  on the following January 1st.
 4    Every employer shall pay to each of his  employees  in  every
 5    occupation  wages  of  not less than $2.30 per hour or in the
 6    case of employees under 18 years of age  wages  of  not  less
 7    than  $1.95  per hour, except as provided in Sections 5 and 6
 8    of this Act, and on and after January 1, 1984, every employer
 9    shall pay to each of his employees in every occupation  wages
10    of  not  less than $2.65 per hour or in the case of employees
11    under 18 years of age wages of not less than $2.25 per  hour,
12    and  on and after October 1, 1984 every employer shall pay to
13    each of his employees in every occupation wages of  not  less
14    than  $3.00  per  hour  or  in the case of employees under 18
15    years of age wages of not less than $2.55 per hour and on and
16    after July 1, 1985 every employer shall pay to  each  of  his
17    employees  in  every  occupation wages of not less than $3.35
18    per hour or in the case of employees under 18  years  of  age
19    wages of not less than $2.85 per hour.
20        At no time shall the wages paid by every employer to each
21    of his employees in every occupation be less than the federal
22    minimum  hourly wage prescribed by Section 206(a)(1) of Title
23    29 of the United States Code, and at no time shall the  wages
24    paid  to  any employee under 18 years of age be more than 50¢
25    less than the wage required to be paid to employees  who  are
26    at least 18 years of age.
27        (b)  No  employer shall discriminate between employees on
28    the basis of sex or mental or physical  handicap,  except  as
29    otherwise  provided  in this Act by paying wages to employees
30    at a rate less than the  rate  at  which  he  pays  wages  to
31    employees  for the same or substantially similar work on jobs
32    the performance of which requires equal  skill,  effort,  and
33    responsibility, and which are performed under similar working
34    conditions, except where such payment is made pursuant to (1)
 
                            -3-      LRB093 03347 WGH 11659 a
 1    a  seniority  system;  (2) a merit system; (3) a system which
 2    measures earnings by quantity or quality  of  production;  or
 3    (4)  a  differential based on any other factor other than sex
 4    or mental or physical handicap, except as otherwise  provided
 5    in this Act.
 6        (c)  (Blank). Every employer of an employee engaged in an
 7    occupation  in  which gratuities have customarily and usually
 8    constituted  and  have  been  recognized  as  part   of   the
 9    remuneration  for  hire  purposes is entitled to an allowance
10    for gratuities as part of the hourly wage  rate  provided  in
11    Section  4,  subsection (a) in an amount not to exceed 40% of
12    the applicable minimum wage rate. The Director shall  require
13    each employer desiring an allowance for gratuities to provide
14    substantial  evidence  that the amount claimed, which may not
15    exceed 40% of the applicable minimum wage rate, was  received
16    by  the  employee  in  the  period  for  which  the  claim of
17    exemption is made, and no part thereof was  returned  to  the
18    employer.
19        (d)  No  camp  counselor who resides on the premises of a
20    seasonal camp  of  an  organized  not-for-profit  corporation
21    shall  be  subject  to  the  adult  minimum  wage if the camp
22    counselor (1) works 40  or  more  hours  per  week,  and  (2)
23    receives  a  total  weekly  salary of not less than the adult
24    minimum wage for a 40-hour week.  If the counselor works less
25    than 40 hours per week,  the  counselor  shall  be  paid  the
26    minimum  hourly wage for each hour worked.  Every employer of
27    a camp counselor under this  subsection  is  entitled  to  an
28    allowance  for  meals  and lodging as part of the hourly wage
29    rate provided in Section 4, subsection (a), in an amount  not
30    to exceed 25% of the minimum wage rate.
31        (e)  A  camp  counselor  employed  at  a  day  camp of an
32    organized not-for-profit corporation is not  subject  to  the
33    adult minimum wage if the camp counselor is paid a stipend on
34    a  onetime  or periodic basis and, if the camp counselor is a
 
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 1    minor, the minor's parent, guardian or  other  custodian  has
 2    consented  in  writing  to  the  terms  of payment before the
 3    commencement of such employment.
 4    (Source: P.A. 86-502.)".