(3) At no time
shall the wages paid to any employee under 18 years of age be more than 50¢
less than the wage required to be paid to employees who are at least 18 years
of age under item (1) of this subsection (a).
(b) No employer shall discriminate between employees on the basis of sex
or mental or physical handicap, except as otherwise provided in this Act by
paying wages to employees at a rate less than the rate at which he pays
wages to employees for the same or substantially
similar work on jobs the performance of which requires equal skill, effort,
and responsibility, and which are performed under similar working
conditions, except where such payment is made pursuant to (1) a seniority
system; (2) a merit system; (3) a system which measures earnings by
quantity or quality of production; or (4) a differential based on any other
factor other than sex or mental or physical handicap, except as otherwise
provided in this Act.
(c) Every employer of an employee engaged in an
occupation in which gratuities have customarily and usually constituted and
have been recognized as part of the remuneration for hire purposes is
entitled to an allowance for gratuities as part of the hourly wage rate
provided in Section 4, subsection (a) in an amount not to exceed 40% of the
applicable minimum wage rate. The Director shall require each employer
desiring an allowance for gratuities to provide substantial evidence that
the amount claimed, which may not exceed 40% of the applicable minimum wage
rate, was received by the employee in the period for which the claim of
exemption is made, and no part thereof was returned to the employer.
(d) No camp counselor who resides on the premises of a seasonal camp of
an organized not-for-profit corporation shall be subject to the adult minimum
wage if the camp counselor (1) works 40 or more hours per week, and (2)
receives a total weekly salary of not less than the adult minimum
wage for a 40-hour week. If the counselor works less than 40 hours per
week, the counselor shall be paid the minimum hourly wage for each hour
worked. Every employer of a camp counselor under this subsection is entitled
to an allowance for meals and lodging as part of the hourly wage rate provided
in Section 4, subsection (a), in an amount not to exceed 25% of the
minimum wage rate.
(e) A camp counselor employed at a day camp is not subject to the adult minimum wage if the
camp counselor is paid a stipend on a onetime or periodic basis and, if
the camp counselor is a minor, the minor's parent, guardian or other
custodian has consented in writing to the terms of payment before the
commencement of such employment.
(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07; 95-945, eff. 1-1-09.)