Illinois General Assembly - Full Text of SB3988
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Full Text of SB3988  101st General Assembly

SB3988 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3988

 

Introduced 5/19/2020, by Sen. Donald P. DeWitte - David Koehler

 

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

    Amends the Minimum Wage Law. Provides that the increase in the minimum wage scheduled for July 1, 2020 is delayed until January 1, 2021. Provides that the subsequently scheduled annual increases in the minimum wage are delayed by one year culminating in a minimum wage of $15 per hour in 2026 rather than 2025. Makes corresponding delays in the minimum wage increases for persons under 18 years of age who do not work more than 650 hours per year. Contains provisions concerning legislative intent. Effective immediately.


LRB101 21195 JLS 71762 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3988LRB101 21195 JLS 71762 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings; intent.
5    (a) The General Assembly finds that, in an unprecedented
6crisis caused by the COVID-19 global pandemic, it is important
7to ease the burden on businesses so that they can afford to
8rehire employees. The nature of our economy will change
9dramatically once businesses are allowed to reopen, and it is
10important that there be some flexibility when rehiring staff in
11a new environment.
12    (b) The intent of this Act is not to alter the minimum wage
13amount.
 
14    Section 5. The Minimum Wage Law is amended by changing
15Section 4 as follows:
 
16    (820 ILCS 105/4)  (from Ch. 48, par. 1004)
17    Sec. 4. (a)(1) Every employer shall pay to each of his
18employees in every occupation wages of not less than $2.30 per
19hour or in the case of employees under 18 years of age wages of
20not less than $1.95 per hour, except as provided in Sections 5
21and 6 of this Act, and on and after January 1, 1984, every
22employer shall pay to each of his employees in every occupation

 

 

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1wages of not less than $2.65 per hour or in the case of
2employees under 18 years of age wages of not less than $2.25
3per hour, and on and after October 1, 1984 every employer shall
4pay to each of his employees in every occupation wages of not
5less than $3.00 per hour or in the case of employees under 18
6years of age wages of not less than $2.55 per hour, and on or
7after July 1, 1985 every employer shall pay to each of his
8employees in every occupation wages of not less than $3.35 per
9hour or in the case of employees under 18 years of age wages of
10not less than $2.85 per hour, and from January 1, 2004 through
11December 31, 2004 every employer shall pay to each of his or
12her employees who is 18 years of age or older in every
13occupation wages of not less than $5.50 per hour, and from
14January 1, 2005 through June 30, 2007 every employer shall pay
15to each of his or her employees who is 18 years of age or older
16in every occupation wages of not less than $6.50 per hour, and
17from July 1, 2007 through June 30, 2008 every employer shall
18pay to each of his or her employees who is 18 years of age or
19older in every occupation wages of not less than $7.50 per
20hour, and from July 1, 2008 through June 30, 2009 every
21employer shall pay to each of his or her employees who is 18
22years of age or older in every occupation wages of not less
23than $7.75 per hour, and from July 1, 2009 through June 30,
242010 every employer shall pay to each of his or her employees
25who is 18 years of age or older in every occupation wages of
26not less than $8.00 per hour, and from July 1, 2010 through

 

 

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1December 31, 2019 every employer shall pay to each of his or
2her employees who is 18 years of age or older in every
3occupation wages of not less than $8.25 per hour, and from
4January 1, 2020 through December 31, 2020 June 30, 2020, every
5employer shall pay to each of his or her employees who is 18
6years of age or older in every occupation wages of not less
7than $9.25 per hour, and from January 1, 2021 July 1, 2020
8through December 31, 2021, 2020 every employer shall pay to
9each of his or her employees who is 18 years of age or older in
10every occupation wages of not less than $10 per hour, and from
11January 1, 2022 2021 through December 31, 2022, 2021 every
12employer shall pay to each of his or her employees who is 18
13years of age or older in every occupation wages of not less
14than $11 per hour, and from January 1, 2023 2022 through
15December 31, 2023, 2022 every employer shall pay to each of his
16or her employees who is 18 years of age or older in every
17occupation wages of not less than $12 per hour, and from
18January 1, 2024 2023 through December 31, 2024, 2023 every
19employer shall pay to each of his or her employees who is 18
20years of age or older in every occupation wages of not less
21than $13 per hour, and from January 1, 2025 2024 through
22December 31, 2025 2024, every employer shall pay to each of his
23or her employees who is 18 years of age or older in every
24occupation wages of not less than $14 per hour; and on and
25after January 1, 2026 2025, every employer shall pay to each of
26his or her employees who is 18 years of age or older in every

 

 

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1occupation wages of not less than $15 per hour.
2    (2) Unless an employee's wages are reduced under Section 6,
3then in lieu of the rate prescribed in item (1) of this
4subsection (a), an employer may pay an employee who is 18 years
5of age or older, during the first 90 consecutive calendar days
6after the employee is initially employed by the employer, a
7wage that is not more than 50˘ less than the wage prescribed in
8item (1) of this subsection (a); however, an employer shall pay
9not less than the rate prescribed in item (1) of this
10subsection (a) to:
11        (A) a day or temporary laborer, as defined in Section 5
12    of the Day and Temporary Labor Services Act, who is 18
13    years of age or older; and
14        (B) an employee who is 18 years of age or older and
15    whose employment is occasional or irregular and requires
16    not more than 90 days to complete.
17    (3) At no time on or before December 31, 2019 shall the
18wages paid to any employee under 18 years of age be more than
1950˘ less than the wage required to be paid to employees who are
20at least 18 years of age under item (1) of this subsection (a).
21Beginning on January 1, 2020, every employer shall pay to each
22of his or her employees who is under 18 years of age that has
23worked more than 650 hours for the employer during any calendar
24year a wage not less than the wage required for employees who
25are 18 years of age or older under paragraph (1) of subsection
26(a) of Section 4 of this Act. Every employer shall pay to each

 

 

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1of his or her employees who is under 18 years of age that has
2not worked more than 650 hours for the employer during any
3calendar year: (1) $8 per hour from January 1, 2020 through
4December 31, 2021 2020; (2) $8.50 per hour from January 1, 2022
52021 through December 31, 2022 2021; (3) $9.25 per hour from
6January 1, 2023 2022 through December 31, 2023 2022; (4) $10.50
7per hour from January 1, 2024 2023 through December 31, 2024
82023; (5) $12 per hour from January 1, 2025 2024 through
9December 31, 2025 2024; and (6) $13 per hour on and after
10January 1, 2026 2025.
11    (b) No employer shall discriminate between employees on the
12basis of sex or mental or physical disability, except as
13otherwise provided in this Act by paying wages to employees at
14a rate less than the rate at which he pays wages to employees
15for the same or substantially similar work on jobs the
16performance of which requires equal skill, effort, and
17responsibility, and which are performed under similar working
18conditions, except where such payment is made pursuant to (1) a
19seniority system; (2) a merit system; (3) a system which
20measures earnings by quantity or quality of production; or (4)
21a differential based on any other factor other than sex or
22mental or physical disability, except as otherwise provided in
23this Act.
24    (c) Every employer of an employee engaged in an occupation
25in which gratuities have customarily and usually constituted
26and have been recognized as part of the remuneration for hire

 

 

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1purposes is entitled to an allowance for gratuities as part of
2the hourly wage rate provided in Section 4, subsection (a) in
3an amount not to exceed 40% of the applicable minimum wage
4rate. The Director shall require each employer desiring an
5allowance for gratuities to provide substantial evidence that
6the amount claimed, which may not exceed 40% of the applicable
7minimum wage rate, was received by the employee in the period
8for which the claim of exemption is made, and no part thereof
9was returned to the employer.
10    (d) No camp counselor who resides on the premises of a
11seasonal camp of an organized not-for-profit corporation shall
12be subject to the adult minimum wage if the camp counselor (1)
13works 40 or more hours per week, and (2) receives a total
14weekly salary of not less than the adult minimum wage for a
1540-hour week. If the counselor works less than 40 hours per
16week, the counselor shall be paid the minimum hourly wage for
17each hour worked. Every employer of a camp counselor under this
18subsection is entitled to an allowance for meals and lodging as
19part of the hourly wage rate provided in Section 4, subsection
20(a), in an amount not to exceed 25% of the minimum wage rate.
21    (e) A camp counselor employed at a day camp is not subject
22to the adult minimum wage if the camp counselor is paid a
23stipend on a onetime or periodic basis and, if the camp
24counselor is a minor, the minor's parent, guardian or other
25custodian has consented in writing to the terms of payment
26before the commencement of such employment.

 

 

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1(Source: P.A. 101-1, eff. 2-19-19.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.