Illinois General Assembly - Full Text of SB2268
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Full Text of SB2268  102nd General Assembly

SB2268 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2268

 

Introduced 2/26/2021, by Sen. Donald P. DeWitte

 

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 January 1, 2022 is delayed until January 1, 2023. 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.


LRB102 04350 JLS 14368 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2268LRB102 04350 JLS 14368 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
11in a 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

 

 

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1occupation wages of not less than $2.65 per hour or in the case
2of employees 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

 

 

SB2268- 3 -LRB102 04350 JLS 14368 b

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 June 30, 2020, every employer shall
5pay to each of his or her employees who is 18 years of age or
6older in every occupation wages of not less than $9.25 per
7hour, and from July 1, 2020 through December 31, 2020 every
8employer shall pay to each of his or her employees who is 18
9years of age or older in every occupation wages of not less
10than $10 per hour, and from January 1, 2021 through December
1131, 2022 2021 every employer shall pay to each of his or her
12employees who is 18 years of age or older in every occupation
13wages of not less than $11 per hour, and from January 1, 2023
142022 through December 31, 2023 2022 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 $12 per hour, and
17from January 1, 2024 2023 through December 31, 2024 2023 every
18employer shall pay to each of his or her employees who is 18
19years of age or older in every occupation wages of not less
20than $13 per hour, and from January 1, 2025 2024 through
21December 31, 2025 2024, every employer shall pay to each of his
22or her employees who is 18 years of age or older in every
23occupation wages of not less than $14 per hour; and on and
24after January 1, 2026 2025, every employer shall pay to each of
25his or her employees who is 18 years of age or older in every
26occupation wages of not less than $15 per hour.

 

 

SB2268- 4 -LRB102 04350 JLS 14368 b

1    (2) Unless an employee's wages are reduced under Section
26, then in lieu of the rate prescribed in item (1) of this
3subsection (a), an employer may pay an employee who is 18 years
4of age or older, during the first 90 consecutive calendar days
5after the employee is initially employed by the employer, a
6wage that is not more than 50˘ less than the wage prescribed in
7item (1) of this subsection (a); however, an employer shall
8pay not less than the rate prescribed in item (1) of this
9subsection (a) to:
10        (A) a day or temporary laborer, as defined in Section
11    5 of the Day and Temporary Labor Services Act, who is 18
12    years of age or older; and
13        (B) an employee who is 18 years of age or older and
14    whose employment is occasional or irregular and requires
15    not more than 90 days to complete.
16    (3) At no time on or before December 31, 2019 shall the
17wages paid to any employee under 18 years of age be more than
1850˘ less than the wage required to be paid to employees who are
19at least 18 years of age under item (1) of this subsection (a).
20Beginning on January 1, 2020, every employer shall pay to each
21of his or her employees who is under 18 years of age that has
22worked more than 650 hours for the employer during any
23calendar year a wage not less than the wage required for
24employees who are 18 years of age or older under paragraph (1)
25of subsection (a) of Section 4 of this Act. Every employer
26shall pay to each of his or her employees who is under 18 years

 

 

SB2268- 5 -LRB102 04350 JLS 14368 b

1of age that has not worked more than 650 hours for the employer
2during any calendar year: (1) $8 per hour from January 1, 2020
3through December 31, 2020; (2) $8.50 per hour from January 1,
42021 through December 31, 2022 2021; (3) $9.25 per hour from
5January 1, 2023 2022 through December 31, 2023 2022; (4)
6$10.50 per hour from January 1, 2024 2023 through December 31,
72024 2023; (5) $12 per hour from January 1, 2025 2024 through
8December 31, 2025 2024; and (6) $13 per hour on and after
9January 1, 2026 2025.
10    (b) No employer shall discriminate between employees on
11the basis of sex or mental or physical disability, except as
12otherwise provided in this Act by paying wages to employees at
13a rate less than the rate at which he pays wages to employees
14for the same or substantially similar work on jobs the
15performance of which requires equal skill, effort, and
16responsibility, and which are performed under similar working
17conditions, except where such payment is made pursuant to (1)
18a seniority system; (2) a merit system; (3) a system which
19measures earnings by quantity or quality of production; or (4)
20a differential based on any other factor other than sex or
21mental or physical disability, except as otherwise provided in
22this Act.
23    (c) Every employer of an employee engaged in an occupation
24in which gratuities have customarily and usually constituted
25and have been recognized as part of the remuneration for hire
26purposes is entitled to an allowance for gratuities as part of

 

 

SB2268- 6 -LRB102 04350 JLS 14368 b

1the hourly wage rate provided in Section 4, subsection (a) in
2an amount not to exceed 40% of the applicable minimum wage
3rate. The Director shall require each employer desiring an
4allowance for gratuities to provide substantial evidence that
5the amount claimed, which may not exceed 40% of the applicable
6minimum wage rate, was received by the employee in the period
7for which the claim of exemption is made, and no part thereof
8was returned to the employer.
9    (d) No camp counselor who resides on the premises of a
10seasonal camp of an organized not-for-profit corporation shall
11be subject to the adult minimum wage if the camp counselor (1)
12works 40 or more hours per week, and (2) receives a total
13weekly salary of not less than the adult minimum wage for a
1440-hour week. If the counselor works less than 40 hours per
15week, the counselor shall be paid the minimum hourly wage for
16each hour worked. Every employer of a camp counselor under
17this subsection is entitled to an allowance for meals and
18lodging as part of the hourly wage rate provided in Section 4,
19subsection (a), in an amount not to exceed 25% of the minimum
20wage 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.

 

 

SB2268- 7 -LRB102 04350 JLS 14368 b

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