Sen. Kimberly A. Lightford

Filed: 2/21/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 68

2    AMENDMENT NO. ______. Amend Senate Bill 68 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Minimum Wage Law is amended by changing
5Sections 3, 4, 4a, and 12 as follows:
 
6    (820 ILCS 105/3)  (from Ch. 48, par. 1003)
7    Sec. 3. As used in this Act:
8    (a) "Director" means the Director of the Department of
9Labor, and "Department" means the Department of Labor.
10    (b) "Wages" means compensation due to an employee by reason
11of his employment, including allowances determined by the
12Director in accordance with the provisions of this Act for
13gratuities and, when furnished by the employer, for meals and
14lodging actually used by the employee.
15    (c) "Employer" includes any individual, partnership,
16association, corporation, limited liability company, business

 

 

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1trust, governmental or quasi-governmental body, or any person
2or group of persons acting directly or indirectly in the
3interest of an employer in relation to an employee, for which
4one or more persons are gainfully employed on some day within a
5calendar year. An employer is subject to this Act in a calendar
6year on and after the first day in such calendar year in which
7he employs one or more persons, and for the following calendar
8year.
9    (d) "Employee" includes any individual permitted to work by
10an employer in an occupation, but does not include any
11individual permitted to work:
12        (1) (Blank). For an employer employing fewer than 4
13    employees exclusive of the employer's parent, spouse or
14    child or other members of his immediate family.
15        (2) As an employee employed in agriculture or
16    aquaculture (A) if such employee is employed by an employer
17    who did not, during any calendar quarter during the
18    preceding calendar year, use more than 500 man-days of
19    agricultural or aquacultural labor, (B) if such employee is
20    the parent, spouse or child, or other member of the
21    employer's immediate family, (C) if such employee (i) is
22    employed as a hand harvest laborer and is paid on a piece
23    rate basis in an operation which has been, and is
24    customarily and generally recognized as having been, paid
25    on a piece rate basis in the region of employment, (ii)
26    commutes daily from his permanent residence to the farm on

 

 

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1    which he is so employed, and (iii) has been employed in
2    agriculture less than 13 weeks during the preceding
3    calendar year, (D) if such employee (other than an employee
4    described in clause (C) of this subparagraph): (i) is 16
5    years of age or under and is employed as a hand harvest
6    laborer, is paid on a piece rate basis in an operation
7    which has been, and is customarily and generally recognized
8    as having been, paid on a piece rate basis in the region of
9    employment, (ii) is employed on the same farm as his parent
10    or person standing in the place of his parent, and (iii) is
11    paid at the same piece rate as employees over 16 are paid
12    on the same farm.
13        (3) (Blank). In domestic service in or about a private
14    home.
15        (4) As an outside salesman.
16        (5) As a member of a religious corporation or
17    organization.
18        (6) At an accredited Illinois college or university
19    employed by the college or university at which he is a
20    student who is covered under the provisions of the Fair
21    Labor Standards Act of 1938, as heretofore or hereafter
22    amended.
23        (7) For a motor carrier and with respect to whom the
24    U.S. Secretary of Transportation has the power to establish
25    qualifications and maximum hours of service under the
26    provisions of Title 49 U.S.C. or the State of Illinois

 

 

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1    under Section 18b-105 (Title 92 of the Illinois
2    Administrative Code, Part 395 - Hours of Service of
3    Drivers) of the Illinois Vehicle Code.
4    The above exclusions from the term "employee" may be
5further defined by regulations of the Director.
6    (e) "Occupation" means an industry, trade, business or
7class of work in which employees are gainfully employed.
8    (f) "Gratuities" means voluntary monetary contributions to
9an employee from a guest, patron or customer in connection with
10services rendered.
11    (g) "Outside salesman" means an employee regularly engaged
12in making sales or obtaining orders or contracts for services
13where a major portion of such duties are performed away from
14his employer's place of business.
15    (h) "Day camp" means a seasonal recreation program in
16operation for no more than 16 weeks intermittently throughout
17the calendar year, accommodating for profit or under
18philanthropic or charitable auspices, 5 or more children under
1918 years of age, not including overnight programs. The term
20"day camp" does not include a "day care agency", "child care
21facility" or "foster family home" as licensed by the Illinois
22Department of Children and Family Services.
23(Source: P.A. 94-1025, eff. 7-14-06; 95-945, eff. 1-1-09.)
 
24    (820 ILCS 105/4)  (from Ch. 48, par. 1004)
25    Sec. 4. (a)(1) Every employer shall pay to each of his

 

 

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1employees in every occupation wages of not less than $2.30 per
2hour or in the case of employees under 18 years of age wages of
3not less than $1.95 per hour, except as provided in Sections 5
4and 6 of this Act, and on and after January 1, 1984, every
5employer shall pay to each of his employees in every occupation
6wages of not less than $2.65 per hour or in the case of
7employees under 18 years of age wages of not less than $2.25
8per hour, and on and after October 1, 1984 every employer shall
9pay to each of his employees in every occupation wages of not
10less than $3.00 per hour or in the case of employees under 18
11years of age wages of not less than $2.55 per hour, and on or
12after July 1, 1985 every employer shall pay to each of his
13employees in every occupation wages of not less than $3.35 per
14hour or in the case of employees under 18 years of age wages of
15not less than $2.85 per hour, and from January 1, 2004 through
16December 31, 2004 every employer shall pay to each of his or
17her employees who is 18 years of age or older in every
18occupation wages of not less than $5.50 per hour, and from
19January 1, 2005 through June 30, 2007 every employer shall pay
20to each of his or her employees who is 18 years of age or older
21in every occupation wages of not less than $6.50 per hour, and
22from July 1, 2007 through June 30, 2008 every employer shall
23pay to each of his or her employees who is 18 years of age or
24older in every occupation wages of not less than $7.50 per
25hour, and from July 1, 2008 through June 30, 2009 every
26employer shall pay to each of his or her employees who is 18

 

 

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1years of age or older in every occupation wages of not less
2than $7.75 per hour, and from July 1, 2009 through June 30,
32010 every employer shall pay to each of his or her employees
4who is 18 years of age or older in every occupation wages of
5not less than $8.00 per hour, and on and after July 1, 2010
6every employer shall pay to each of his or her employees who is
718 years of age or older in every occupation wages of not less
8than $8.25 per hour.
9    (2) (Blank). Unless an employee's wages are reduced under
10Section 6, then in lieu of the rate prescribed in item (1) of
11this subsection (a), an employer may pay an employee who is 18
12years of age or older, during the first 90 consecutive calendar
13days after the employee is initially employed by the employer,
14a wage that is not more than 50 less than the wage prescribed
15in item (1) of this subsection (a); however, an employer shall
16pay not less than the rate prescribed in item (1) of this
17subsection (a) to:
18        (A) a day or temporary laborer, as defined in Section 5
19    of the Day and Temporary Labor Services Act, who is 18
20    years of age or older; and
21        (B) an employee who is 18 years of age or older and
22    whose employment is occasional or irregular and requires
23    not more than 90 days to complete.
24    (3) (Blank). At no time shall the wages paid to any
25employee under 18 years of age be more than 50 less than the
26wage required to be paid to employees who are at least 18 years

 

 

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1of age under item (1) of this subsection (a).
2    (4) Beginning on the later of July 1, 2013 or 60 days after
3the effective date of this amendatory Act of the 98th General
4Assembly, and on July 1st of each year thereafter, the minimum
5wage established in subsection (a)(1) of this Section shall be
6increased by $0.50 plus an additional amount equal to the
7increase in the cost of living during the preceding year, until
8the minimum wage is restored to its historic level. Thereafter
9the minimum wage shall be increased on July 1st of each year by
10the increase in the cost of living during the preceding year.
11    (5) The historic level of the minimum wage shall be the
12inflation adjusted equivalent of $1.60 per hour in 1968, and
13shall be calculated by adjusting that wage rate to the current
14year's dollars based on the percentage change in the Consumer
15Price Index for all Urban Consumers (or a successor index if
16any) as published by the Bureau of Labor Statistics of the
17United States Department of Labor, between January 1, 1968 and
18the most recent month for which data is available at the time
19the adjustment is made.
20    (6) The increase in the cost of living during the preceding
21year shall be calculated by multiplying the current minimum
22wage by the twelve-month percentage increase, if any, in the
23Consumer Price Index for all Urban Consumers based on the most
24recent 12 month period for which data is available when the
25adjustment is made and rounding that result to the nearest 5
26cents.

 

 

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1    (7) The adjusted minimum wage shall be calculated and
2announced by April 1 of each year, except for 2013 when the
3adjusted minimum wage may be announced later than April 1.
4    (b) No employer shall discriminate between employees on the
5basis of sex or mental or physical handicap, except as
6otherwise provided in this Act by paying wages to employees at
7a rate less than the rate at which he pays wages to employees
8for the same or substantially similar work on jobs the
9performance of which requires equal skill, effort, and
10responsibility, and which are performed under similar working
11conditions, except where such payment is made pursuant to (1) a
12seniority system; (2) a merit system; (3) a system which
13measures earnings by quantity or quality of production; or (4)
14a differential based on any other factor other than sex or
15mental or physical handicap, except as otherwise provided in
16this Act.
17    (c) (Blank). Every employer of an employee engaged in an
18occupation in which gratuities have customarily and usually
19constituted and have been recognized as part of the
20remuneration for hire purposes is entitled to an allowance for
21gratuities as part of the hourly wage rate provided in Section
224, subsection (a) in an amount not to exceed 40% of the
23applicable minimum wage rate. The Director shall require each
24employer desiring an allowance for gratuities to provide
25substantial evidence that the amount claimed, which may not
26exceed 40% of the applicable minimum wage rate, was received by

 

 

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1the employee in the period for which the claim of exemption is
2made, and no part thereof was returned to the employer.
3    (d) No camp counselor who resides on the premises of a
4seasonal camp of an organized not-for-profit corporation shall
5be subject to the adult minimum wage if the camp counselor (1)
6works 40 or more hours per week, and (2) receives a total
7weekly salary of not less than the adult minimum wage for a
840-hour week. If the counselor works less than 40 hours per
9week, the counselor shall be paid the minimum hourly wage for
10each hour worked. Every employer of a camp counselor under this
11subsection is entitled to an allowance for meals and lodging as
12part of the hourly wage rate provided in Section 4, subsection
13(a), in an amount not to exceed 25% of the minimum wage rate.
14    (e) A camp counselor employed at a day camp is not subject
15to the adult minimum wage if the camp counselor is paid a
16stipend on a onetime or periodic basis and, if the camp
17counselor is a minor, the minor's parent, guardian or other
18custodian has consented in writing to the terms of payment
19before the commencement of such employment.
20(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07;
2195-945, eff. 1-1-09.)
 
22    (820 ILCS 105/4a)  (from Ch. 48, par. 1004a)
23    Sec. 4a. (1) Except as otherwise provided in this Section,
24no employer shall employ any of his employees for a workweek of
25more than 40 hours unless such employee receives compensation

 

 

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1for his employment in excess of the hours above specified at a
2rate not less than 1 1/2 times the regular rate at which he is
3employed.
4    (2) The provisions of subsection (1) of this Section are
5not applicable to:
6        A. Any salesman or mechanic primarily engaged in
7    selling or servicing automobiles, trucks or farm
8    implements, if he is employed by a nonmanufacturing
9    establishment primarily engaged in the business of selling
10    such vehicles or implements to ultimate purchasers.
11        B. Any salesman primarily engaged in selling trailers,
12    boats, or aircraft, if he is employed by a nonmanufacturing
13    establishment primarily engaged in the business of selling
14    trailers, boats, or aircraft to ultimate purchasers.
15        C. (Blank). Any employer of agricultural labor, with
16    respect to such agricultural employment.
17        D. Any employee of a governmental body excluded from
18    the definition of "employee" under paragraph (e)(2)(C) of
19    Section 3 of the Federal Fair Labor Standards Act of 1938.
20        E. Any employee employed in a bona fide executive,
21    administrative or professional capacity, including any
22    radio or television announcer, news editor, or chief
23    engineer, as defined by or covered by the Federal Fair
24    Labor Standards Act of 1938 and the rules adopted under
25    that Act, as both exist on March 30, 2003, but compensated
26    at the amount of salary specified in subsections (a) and

 

 

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1    (b) of Section 541.600 of Title 29 of the Code of Federal
2    Regulations as proposed in the Federal Register on March
3    31, 2003 or a greater amount of salary as may be adopted by
4    the United States Department of Labor. For bona fide
5    executive, administrative, and professional employees of
6    not-for-profit corporations, the Director may, by
7    regulation, adopt a weekly wage rate standard lower than
8    that provided for executive, administrative, and
9    professional employees covered under the Fair Labor
10    Standards Act of 1938, as now or hereafter amended.
11        F. Any commissioned employee as described in paragraph
12    (i) of Section 7 of the Federal Fair Labor Standards Act of
13    1938 and rules and regulations promulgated thereunder, as
14    now or hereafter amended.
15        G. Any employment of an employee in the stead of
16    another employee of the same employer pursuant to a
17    worktime exchange agreement between employees.
18        H. Any employee of a not-for-profit educational or
19    residential child care institution who (a) on a daily basis
20    is directly involved in educating or caring for children
21    who (1) are orphans, foster children, abused, neglected or
22    abandoned children, or are otherwise homeless children and
23    (2) reside in residential facilities of the institution and
24    (b) is compensated at an annual rate of not less than
25    $13,000 or, if the employee resides in such facilities and
26    receives without cost board and lodging from such

 

 

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1    institution, not less than $10,000.
2        I. Any employee employed as a crew member of any
3    uninspected towing vessel, as defined by Section 2101(40)
4    of Title 46 of the United States Code, operating in any
5    navigable waters in or along the boundaries of the State of
6    Illinois.
7    (3) Any employer may employ any employee for a period or
8periods of not more than 10 hours in the aggregate in any
9workweek in excess of the maximum hours specified in subsection
10(1) of this Section without paying the compensation for
11overtime employment prescribed in subsection (1) if during that
12period or periods the employee is receiving remedial education
13that:
14        (a) is provided to employees who lack a high school
15    diploma or educational attainment at the eighth grade
16    level;
17        (b) is designed to provide reading and other basic
18    skills at an eighth grade level or below; and
19        (c) does not include job specific training.
20    (4) A governmental body is not in violation of subsection
21(1) if the governmental body provides compensatory time
22pursuant to paragraph (o) of Section 7 of the Federal Fair
23Labor Standards Act of 1938, as now or hereafter amended, or is
24engaged in fire protection or law enforcement activities and
25meets the requirements of paragraph (k) of Section 7 or
26paragraph (b)(20) of Section 13 of the Federal Fair Labor

 

 

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1Standards Act of 1938, as now or hereafter amended.
2(Source: P.A. 92-623, eff. 7-11-02; 93-672, eff. 4-2-04.)
 
3    (820 ILCS 105/12)  (from Ch. 48, par. 1012)
4    Sec. 12. (a) If any employee is paid by his employer less
5than the wage to which he is entitled under the provisions of
6this Act, the employee may recover in a civil action the amount
7of any such underpayments, including interest thereon,
8together with costs and such reasonable attorney's fees as may
9be allowed by the Court, and an additional amount of damages
10equal to twice the underpaid wages and damages of 2% of the
11amount of any such underpayments for each month following the
12date of payment during which such underpayments remain unpaid.
13Any agreement between the employee and the employer to work for
14less than such wage is no defense to such action. At the
15request of the employee or on motion of the Director of Labor,
16the Department of Labor may make an assignment of such wage
17claim in trust for the assigning employee and may bring any
18legal action necessary to collect such claim, and the employer
19shall be required to pay the costs incurred in collecting such
20claim. Every such action shall be brought within 3 years from
21the date of the underpayment. Such employer shall be liable to
22the Department of Labor for up to 20% of the total employer's
23underpayment where the employer's conduct is proven by a
24preponderance of the evidence to be willful, repeated, or with
25reckless disregard of this Act or any rule adopted under this

 

 

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1Act. Such employer shall be additionally liable to the employee
2for an additional amount of damages equal to twice the
3underpaid wages damages in the amount of 2% of the amount of
4any such underpayments for each month following the date of
5payment during which such underpayments remain unpaid. These
6penalties and damages may be recovered in a civil action
7brought by the Director of Labor in any circuit court. In any
8such action, the Director of Labor shall be represented by the
9Attorney General.
10    If an employee collects an additional amount of damages
11equal to twice the underpaid wages damages of 2% of the amount
12of underpayments as a result of an action brought by the
13Director of Labor, the employee may not also collect those
14damages in a private action brought by the employee for the
15same violation. If an employee collects an additional amount of
16damages equal to twice the underpaid wages damages of 2% of the
17amount of underpayments in a private action brought by the
18employee, the employee may not also collect those damages as a
19result of an action brought by the Director of Labor for the
20same violation.
21    (b) If an employee has not collected damages under
22subsection (a) for the same violation, the Director is
23authorized to supervise the payment of the unpaid minimum wages
24and the unpaid overtime compensation owing to any employee or
25employees under Sections 4 and 4a of this Act and may bring any
26legal action necessary to recover the amount of the unpaid

 

 

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1minimum wages and unpaid overtime compensation and an equal
2additional amount equal to twice the unpaid wages and
3compensation as damages, and the employer shall be required to
4pay the costs incurred in collecting such claim. Such employer
5shall be additionally liable to the Department of Labor for up
6to 20% of the total employer's underpayment where the
7employer's conduct is proven by a preponderance of the evidence
8to be willful, repeated, or with reckless disregard of this Act
9or any rule adopted under this Act. The action shall be brought
10within 5 years from the date of the failure to pay the wages or
11compensation. Any sums thus recovered by the Director on behalf
12of an employee pursuant to this subsection shall be paid to the
13employee or employees affected. Any sums which, more than one
14year after being thus recovered, the Director is unable to pay
15to an employee shall be deposited into the General Revenue
16Fund.
17(Source: P.A. 94-1025, eff. 7-14-06.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".