Sen. Kimberly A. Lightford

Filed: 5/17/2013

 

 


 

 


 
09800SB0068sam003LRB098 05370 DRJ 46087 a

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

 

 

09800SB0068sam003- 2 -LRB098 05370 DRJ 46087 a

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

 

 

09800SB0068sam003- 3 -LRB098 05370 DRJ 46087 a

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.
9    (2) Unless an employee's wages are reduced under Section 6,
10then in lieu of the rate prescribed in item (1) of this
11subsection (a), an employer may pay an employee who is 18 years
12of age or older, during the first 90 consecutive calendar days
13after the employee is initially employed by the employer, a
14wage that is not more than 50 less than the wage prescribed in
15item (1) of this subsection (a); however, an employer shall pay
16not 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) At no time shall the wages paid to any employee under
2518 years of age be more than 50 less than the wage required to
26be paid to employees who are at least 18 years of age under

 

 

09800SB0068sam003- 4 -LRB098 05370 DRJ 46087 a

1item (1) of this subsection (a).
2    (b) No employer shall discriminate between employees on the
3basis of sex or mental or physical handicap, except as
4otherwise provided in this Act by paying wages to employees at
5a rate less than the rate at which he pays wages to employees
6for the same or substantially similar work on jobs the
7performance of which requires equal skill, effort, and
8responsibility, and which are performed under similar working
9conditions, except where such payment is made pursuant to (1) a
10seniority system; (2) a merit system; (3) a system which
11measures earnings by quantity or quality of production; or (4)
12a differential based on any other factor other than sex or
13mental or physical handicap, except as otherwise provided in
14this Act.
15    (c) Every employer of an employee engaged in an occupation
16in which gratuities have customarily and usually constituted
17and have been recognized as part of the remuneration for hire
18purposes is entitled to an allowance for gratuities as part of
19the hourly wage rate provided in Section 4, subsection (a) in
20an amount not to exceed 40% of the applicable minimum wage
21rate. The Director shall require each employer desiring an
22allowance for gratuities to provide substantial evidence that
23the amount claimed, which may not exceed 40% of the applicable
24minimum wage rate, was received by the employee in the period
25for which the claim of exemption is made, and no part thereof
26was returned to the employer.

 

 

09800SB0068sam003- 5 -LRB098 05370 DRJ 46087 a

1    (d) No camp counselor who resides on the premises of a
2seasonal camp of an organized not-for-profit corporation shall
3be subject to the adult minimum wage if the camp counselor (1)
4works 40 or more hours per week, and (2) receives a total
5weekly salary of not less than the adult minimum wage for a
640-hour week. If the counselor works less than 40 hours per
7week, the counselor shall be paid the minimum hourly wage for
8each hour worked. Every employer of a camp counselor under this
9subsection is entitled to an allowance for meals and lodging as
10part of the hourly wage rate provided in Section 4, subsection
11(a), in an amount not to exceed 25% of the minimum wage rate.
12    (e) A camp counselor employed at a day camp is not subject
13to the adult minimum wage if the camp counselor is paid a
14stipend on a onetime or periodic basis and, if the camp
15counselor is a minor, the minor's parent, guardian or other
16custodian has consented in writing to the terms of payment
17before the commencement of such employment.
18(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07;
1995-945, eff. 1-1-09.)
 
20    Section 99. Effective date. This Act takes effect July 1,
212014.".