Illinois General Assembly - Full Text of HB5139
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Full Text of HB5139  102nd General Assembly

HB5139 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5139

 

Introduced 1/27/2022, by Rep. Camille Y. Lilly

 

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

    Amends the Minimum Wage Law. Provides that, from July 1, 2023 through December 31, 2023, the allowance for gratuities to which an employer is entitled for an employee engaged in an occupation in which gratuities have been recognized as part of the remuneration shall not exceed 20% of the applicable minimum wage rate. Provides that, from January 1, 2024 through December 31, 2024, the allowance for gratuities shall not exceed 20% of the applicable minimum wage rate. Provides that, on and after January 1, 2025, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum wage rate.


LRB102 22548 KTG 31689 b

 

 

A BILL FOR

 

HB5139LRB102 22548 KTG 31689 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 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
13occupation wages of not less than $2.65 per hour or in the case
14of employees 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 July 1, 2010 through
16December 31, 2019 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 $8.25 per hour, and from
19January 1, 2020 through June 30, 2020, every employer shall
20pay to each of his or her employees who is 18 years of age or
21older in every occupation wages of not less than $9.25 per
22hour, and from July 1, 2020 through December 31, 2020 every
23employer shall pay to each of his or her employees who is 18
24years of age or older in every occupation wages of not less
25than $10 per hour, and from January 1, 2021 through December
2631, 2021 every employer shall pay to each of his or her

 

 

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1employees who is 18 years of age or older in every occupation
2wages of not less than $11 per hour, and from January 1, 2022
3through December 31, 2022 every employer shall pay to each of
4his or her employees who is 18 years of age or older in every
5occupation wages of not less than $12 per hour, and from
6January 1, 2023 through December 31, 2023 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 $13 per hour,
9and from January 1, 2024 through December 31, 2024, 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 $14 per hour; and on and after January 1, 2025, every
13employer shall pay to each of his or her employees who is 18
14years of age or older in every occupation wages of not less
15than $15 per hour.
16    (2) Unless an employee's wages are reduced under Section
176, then in lieu of the rate prescribed in item (1) of this
18subsection (a), an employer may pay an employee who is 18 years
19of age or older, during the first 90 consecutive calendar days
20after the employee is initially employed by the employer, a
21wage that is not more than 50˘ less than the wage prescribed in
22item (1) of this subsection (a); however, an employer shall
23pay not less than the rate prescribed in item (1) of this
24subsection (a) to:
25        (A) a day or temporary laborer, as defined in Section
26    5 of the Day and Temporary Labor Services Act, who is 18

 

 

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1    years of age or older; and
2        (B) an employee who is 18 years of age or older and
3    whose employment is occasional or irregular and requires
4    not more than 90 days to complete.
5    (3) At no time on or before December 31, 2019 shall the
6wages paid to any employee under 18 years of age be more than
750˘ less than the wage required to be paid to employees who are
8at least 18 years of age under item (1) of this subsection (a).
9Beginning on January 1, 2020, every employer shall pay to each
10of his or her employees who is under 18 years of age that has
11worked more than 650 hours for the employer during any
12calendar year a wage not less than the wage required for
13employees who are 18 years of age or older under paragraph (1)
14of subsection (a) of Section 4 of this Act. Every employer
15shall pay to each of his or her employees who is under 18 years
16of age that has not worked more than 650 hours for the employer
17during any calendar year: (1) $8 per hour from January 1, 2020
18through December 31, 2020; (2) $8.50 per hour from January 1,
192021 through December 31, 2021; (3) $9.25 per hour from
20January 1, 2022 through December 31, 2022; (4) $10.50 per hour
21from January 1, 2023 through December 31, 2023; (5) $12 per
22hour from January 1, 2024 through December 31, 2024; and (6)
23$13 per hour on and after January 1, 2025.
24    (b) No employer shall discriminate between employees on
25the basis of sex or mental or physical disability, except as
26otherwise provided in this Act by paying wages to employees at

 

 

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1a rate less than the rate at which he pays wages to employees
2for the same or substantially similar work on jobs the
3performance of which requires equal skill, effort, and
4responsibility, and which are performed under similar working
5conditions, except where such payment is made pursuant to (1)
6a seniority system; (2) a merit system; (3) a system which
7measures earnings by quantity or quality of production; or (4)
8a differential based on any other factor other than sex or
9mental or physical disability, except as otherwise provided in
10this Act.
11    (c) Every employer of an employee engaged in an occupation
12in which gratuities have customarily and usually constituted
13and have been recognized as part of the remuneration for hire
14purposes is entitled to an allowance for gratuities as part of
15the hourly wage rate provided in Section 4, subsection (a) in
16an amount not to exceed 40% of the applicable minimum wage rate
17through June 30, 2023. From July 1, 2023 through December 31,
182023, such allowance for gratuities shall not exceed 20% of
19the applicable minimum wage rate. From January 1, 2024 through
20December 31, 2024, such allowance for gratuities shall not
21exceed 10% of the applicable minimum wage rate. The Director
22shall require each employer desiring an allowance for
23gratuities to provide substantial evidence that the amount
24claimed, which may not exceed the allowance amount prescribed
25in this subsection 40% of the applicable minimum wage rate,
26was received by the employee in the period for which the claim

 

 

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1of exemption is made, and no part thereof was returned to the
2employer. On and after January 1, 2025, an employer shall not
3be entitled to an allowance for gratuities and shall pay each
4employee no less than the applicable minimum wage rate.
5    (d) No camp counselor who resides on the premises of a
6seasonal camp of an organized not-for-profit corporation shall
7be subject to the adult minimum wage if the camp counselor (1)
8works 40 or more hours per week, and (2) receives a total
9weekly salary of not less than the adult minimum wage for a
1040-hour week. If the counselor works less than 40 hours per
11week, the counselor shall be paid the minimum hourly wage for
12each hour worked. Every employer of a camp counselor under
13this subsection is entitled to an allowance for meals and
14lodging as part of the hourly wage rate provided in Section 4,
15subsection (a), in an amount not to exceed 25% of the minimum
16wage rate.
17    (e) A camp counselor employed at a day camp is not subject
18to the adult minimum wage if the camp counselor is paid a
19stipend on a onetime or periodic basis and, if the camp
20counselor is a minor, the minor's parent, guardian or other
21custodian has consented in writing to the terms of payment
22before the commencement of such employment.
23(Source: P.A. 101-1, eff. 2-19-19.)