98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3732

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 105/4  from Ch. 48, par. 1004

    Amends the Minimum Wage Law. Increases the minimum wage to $15 per hour on October 1, 2014. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Minimum Wage Law is amended by changing
5Section 4 as follows:
 
6    (820 ILCS 105/4)  (from Ch. 48, par. 1004)
7    Sec. 4. (a)(1) Every employer shall pay to each of his
8employees in every occupation wages of not less than $2.30 per
9hour or in the case of employees under 18 years of age wages of
10not less than $1.95 per hour, except as provided in Sections 5
11and 6 of this Act, and on and after January 1, 1984, every
12employer shall pay to each of his employees in every occupation
13wages of not less than $2.65 per hour or in the case of
14employees under 18 years of age wages of not less than $2.25
15per hour, and on and after October 1, 1984 every employer shall
16pay to each of his employees in every occupation wages of not
17less than $3.00 per hour or in the case of employees under 18
18years of age wages of not less than $2.55 per hour, and on or
19after July 1, 1985 every employer shall pay to each of his
20employees in every occupation wages of not less than $3.35 per
21hour or in the case of employees under 18 years of age wages of
22not less than $2.85 per hour, and from January 1, 2004 through
23December 31, 2004 every employer shall pay to each of his or

 

 

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1her employees who is 18 years of age or older in every
2occupation wages of not less than $5.50 per hour, and from
3January 1, 2005 through June 30, 2007 every employer shall pay
4to each of his or her employees who is 18 years of age or older
5in every occupation wages of not less than $6.50 per hour, and
6from July 1, 2007 through June 30, 2008 every employer shall
7pay to each of his or her employees who is 18 years of age or
8older in every occupation wages of not less than $7.50 per
9hour, and from July 1, 2008 through June 30, 2009 every
10employer shall pay to each of his or her employees who is 18
11years of age or older in every occupation wages of not less
12than $7.75 per hour, and from July 1, 2009 through June 30,
132010 every employer shall pay to each of his or her employees
14who is 18 years of age or older in every occupation wages of
15not less than $8.00 per hour, and from on and after July 1,
162010 through September 30, 2014 every employer shall pay to
17each of his or her employees who is 18 years of age or older in
18every occupation wages of not less than $8.25 per hour, and on
19and after October 1, 2014 every employer shall pay to each of
20his or her employees who is 18 years of age or older in every
21occupation wages of not less than $15 per hour.
22    (2) Unless an employee's wages are reduced under Section 6,
23then in lieu of the rate prescribed in item (1) of this
24subsection (a), an employer may pay an employee who is 18 years
25of age or older, during the first 90 consecutive calendar days
26after the employee is initially employed by the employer, a

 

 

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1wage that is not more than 50¢ less than the wage prescribed in
2item (1) of this subsection (a); however, an employer shall pay
3not less than the rate prescribed in item (1) of this
4subsection (a) to:
5        (A) a day or temporary laborer, as defined in Section 5
6    of the Day and Temporary Labor Services Act, who is 18
7    years of age or older; and
8        (B) an employee who is 18 years of age or older and
9    whose employment is occasional or irregular and requires
10    not more than 90 days to complete.
11    (3) At no time shall the wages paid to any employee under
1218 years of age be more than 50¢ less than the wage required to
13be paid to employees who are at least 18 years of age under
14item (1) of this subsection (a).
15    (b) No employer shall discriminate between employees on the
16basis of sex or mental or physical handicap, except as
17otherwise provided in this Act by paying wages to employees at
18a rate less than the rate at which he pays wages to employees
19for the same or substantially similar work on jobs the
20performance of which requires equal skill, effort, and
21responsibility, and which are performed under similar working
22conditions, except where such payment is made pursuant to (1) a
23seniority system; (2) a merit system; (3) a system which
24measures earnings by quantity or quality of production; or (4)
25a differential based on any other factor other than sex or
26mental or physical handicap, except as otherwise provided in

 

 

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1this Act.
2    (c) Every employer of an employee engaged in an occupation
3in which gratuities have customarily and usually constituted
4and have been recognized as part of the remuneration for hire
5purposes is entitled to an allowance for gratuities as part of
6the hourly wage rate provided in Section 4, subsection (a) in
7an amount not to exceed 40% of the applicable minimum wage
8rate. The Director shall require each employer desiring an
9allowance for gratuities to provide substantial evidence that
10the amount claimed, which may not exceed 40% of the applicable
11minimum wage rate, was received by the employee in the period
12for which the claim of exemption is made, and no part thereof
13was returned to the employer.
14    (d) No camp counselor who resides on the premises of a
15seasonal camp of an organized not-for-profit corporation shall
16be subject to the adult minimum wage if the camp counselor (1)
17works 40 or more hours per week, and (2) receives a total
18weekly salary of not less than the adult minimum wage for a
1940-hour week. If the counselor works less than 40 hours per
20week, the counselor shall be paid the minimum hourly wage for
21each hour worked. Every employer of a camp counselor under this
22subsection is entitled to an allowance for meals and lodging as
23part of the hourly wage rate provided in Section 4, subsection
24(a), in an amount not to exceed 25% of the minimum wage rate.
25    (e) A camp counselor employed at a day camp is not subject
26to the adult minimum wage if the camp counselor is paid a

 

 

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1stipend on a onetime or periodic basis and, if the camp
2counselor is a minor, the minor's parent, guardian or other
3custodian has consented in writing to the terms of payment
4before the commencement of such employment.
5(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07;
695-945, eff. 1-1-09.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.