Sen. Kimberly A. Lightford

Filed: 5/7/2013

 

 


 

 


 
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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
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

 

 

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1less than $3.00 per hour or in the case of employees under 18
2years of age wages of not less than $2.55 per hour, and on or
3after July 1, 1985 every employer shall pay to each of his
4employees in every occupation wages of not less than $3.35 per
5hour or in the case of employees under 18 years of age wages of
6not less than $2.85 per hour, and from January 1, 2004 through
7December 31, 2004 every employer shall pay to each of his or
8her employees who is 18 years of age or older in every
9occupation wages of not less than $5.50 per hour, and from
10January 1, 2005 through June 30, 2007 every employer shall pay
11to each of his or her employees who is 18 years of age or older
12in every occupation wages of not less than $6.50 per hour, and
13from July 1, 2007 through June 30, 2008 every employer shall
14pay to each of his or her employees who is 18 years of age or
15older in every occupation wages of not less than $7.50 per
16hour, and from July 1, 2008 through June 30, 2009 every
17employer shall pay to each of his or her employees who is 18
18years of age or older in every occupation wages of not less
19than $7.75 per hour, and from July 1, 2009 through June 30,
202010 every employer shall pay to each of his or her employees
21who is 18 years of age or older in every occupation wages of
22not less than $8.00 per hour, and from on and after July 1,
232010 through June 30, 2014 every employer shall pay to each of
24his or her employees who is 18 years of age or older in every
25occupation wages of not less than $8.25 per hour. From July 1,
262014 through June 30, 2015, every employer shall pay to each of

 

 

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1his or her employees who is 18 years of age or older in every
2occupation wages of not less than $9.00 per hour, and from July
31, 2015 through June 30, 2016, every employer shall pay to each
4of his or her employees who is 18 years of age or older in every
5occupation wages of not less than $9.50 per hour, and from July
61, 2016 through June 30, 2017, every employer shall pay to each
7of his or her employees who is 18 years of age or older in every
8occupation wages of not less than $10.00 per hour. 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.
11The increase in the cost of living during the preceding year
12shall be calculated by multiplying the current minimum wage by
13the twelve-month percentage increase, if any, in the Consumer
14Price Index for all Urban Consumers based on the most recent
1512-month period for which data is available when the adjustment
16is made and rounding that result to the nearest 5 cents. The
17adjusted minimum wage shall be calculated and announced by
18April 1 of each year.
19    (2) Unless an employee's wages are reduced under Section 6,
20then in lieu of the rate prescribed in item (1) of this
21subsection (a), an employer may pay an employee who is 18 years
22of age or older, during the first 90 consecutive calendar days
23after the employee is initially employed by the employer, a
24wage that is not more than 50 less than the wage prescribed in
25item (1) of this subsection (a); however, an employer shall pay
26not less than the rate prescribed in item (1) of this

 

 

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

 

 

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1and have been recognized as part of the remuneration for hire
2purposes is entitled to an allowance for gratuities as part of
3the hourly wage rate provided in Section 4, subsection (a) in
4an amount not to exceed 40% of the applicable minimum wage
5rate. The Director shall require each employer desiring an
6allowance for gratuities to provide substantial evidence that
7the amount claimed, which may not exceed 40% of the applicable
8minimum wage rate, was received by the employee in the period
9for which the claim of exemption is made, and no part thereof
10was returned to the employer.
11    (d) No camp counselor who resides on the premises of a
12seasonal camp of an organized not-for-profit corporation shall
13be subject to the adult minimum wage if the camp counselor (1)
14works 40 or more hours per week, and (2) receives a total
15weekly salary of not less than the adult minimum wage for a
1640-hour week. If the counselor works less than 40 hours per
17week, the counselor shall be paid the minimum hourly wage for
18each hour worked. Every employer of a camp counselor under this
19subsection is entitled to an allowance for meals and lodging as
20part of the hourly wage rate provided in Section 4, subsection
21(a), in an amount not to exceed 25% of the minimum wage rate.
22    (e) A camp counselor employed at a day camp is not subject
23to the adult minimum wage if the camp counselor is paid a
24stipend on a onetime or periodic basis and, if the camp
25counselor is a minor, the minor's parent, guardian or other
26custodian has consented in writing to the terms of payment

 

 

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1before the commencement of such employment.
2(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07;
395-945, eff. 1-1-09.)
 
4    Section 99. Effective date. This Act takes effect on July
51, 2014.".