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Public Act 093-0581


 

Public Act 93-0581 of the 93rd General Assembly


Public Act 93-0581

SB600 Enrolled                       LRB093 03347 WGH 06123 b

    AN ACT in relation to employment.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Minimum Wage Law is amended by changing
Section 4 as follows:

    (820 ILCS 105/4) (from Ch. 48, par. 1004)
    Sec. 4.  (a) Every employer shall  pay  to  each  of  his
employees  in  every  occupation wages of not less than $2.30
per hour or in the case of employees under 18  years  of  age
wages  of not less than $1.95 per hour, except as provided in
Sections 5 and 6 of this Act, and on  and  after  January  1,
1984,  every  employer  shall pay to each of his employees in
every occupation wages of not less than $2.65 per hour or  in
the case of employees under 18 years of age wages of not less
than  $2.25  per hour, and on and after October 1, 1984 every
employer  shall  pay  to  each  of  his  employees  in  every
occupation wages of not less than $3.00 per hour  or  in  the
case  of  employees  under  18 years of age wages of not less
than $2.55 per hour, and on  or  after  July  1,  1985  every
employer  shall  pay  to  each  of  his  employees  in  every
occupation  wages  of  not less than $3.35 per hour or in the
case of employees under 18 years of age  wages  of  not  less
than  $2.85  per  hour,  and  from  January  1,  2004 through
December 31, 2004 every employer shall pay to each of his  or
her  employees  who  is  18  years  of  age or older in every
occupation wages of not less than $5.50 per hour, and on  and
after January 1, 2005 every employer shall pay to each of his
or  her  employees  who  is 18 years of age or older in every
occupation wages of not less than $6.50 per hour.
    At no time shall the wages paid by every employer to each
of his employees in every occupation be less than the federal
minimum hourly wage prescribed by Section 206(a)(1) of  Title
29  of the United States Code, and 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.
    (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 of an
organized not-for-profit corporation 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. 86-502.)

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

Effective Date: 1/1/2004