SB1268ham002 94TH GENERAL ASSEMBLY

Rep. Marlow H. Colvin

Filed: 11/28/2006

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1268

2     AMENDMENT NO. ______. Amend Senate Bill 1268 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Minimum Wage Law is amended by changing
5 Section 4 as follows:
 
6     (820 ILCS 105/4)  (from Ch. 48, par. 1004)
7     Sec. 4. (a) Every employer shall pay to each of his
8 employees in every occupation wages of not less than $2.30 per
9 hour or in the case of employees under 18 years of age wages of
10 not less than $1.95 per hour, except as provided in Sections 5
11 and 6 of this Act, and on and after January 1, 1984, every
12 employer shall pay to each of his employees in every occupation
13 wages of not less than $2.65 per hour or in the case of
14 employees under 18 years of age wages of not less than $2.25
15 per hour, and on and after October 1, 1984 every employer shall
16 pay to each of his employees in every occupation wages of not
17 less than $3.00 per hour or in the case of employees under 18
18 years of age wages of not less than $2.55 per hour, and on or
19 after July 1, 1985 every employer shall pay to each of his
20 employees in every occupation wages of not less than $3.35 per
21 hour or in the case of employees under 18 years of age wages of
22 not less than $2.85 per hour, and from January 1, 2004 through
23 December 31, 2004 every employer shall pay to each of his or
24 her employees who is 18 years of age or older in every

 

 

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1 occupation wages of not less than $5.50 per hour, and from on
2 and after January 1, 2005 through June 30, 2007 every employer
3 shall pay to each of his or her employees who is 18 years of age
4 or older in every occupation wages of not less than $6.50 per
5 hour, and from July 1, 2007 through June 30, 2008 every
6 employer shall pay to each of his or her employees who is 18
7 years of age or older in every occupation wages of not less
8 than $7.50 per hour, and from July 1, 2008 through June 30,
9 2009 every employer shall pay to each of his or her employees
10 who is 18 years of age or older in every occupation wages of
11 not less than $7.75 per hour, and from July 1, 2009 through
12 June 30, 2010 every employer shall pay to each of his or her
13 employees who is 18 years of age or older in every occupation
14 wages of not less than $8.00 per hour, and on and after July 1,
15 2010 every employer shall pay to each of his or her employees
16 who is 18 years of age or older in every occupation wages of
17 not less than $8.25 per hour.
18     In lieu of the rate prescribed in the preceding paragraph
19 of this subsection (a), an employer may pay an employee of any
20 age, during the first 90 consecutive calendar days after the
21 employee is initially employed by the employer, a wage that is
22 not more than 50 less than the wage prescribed in the
23 preceding paragraph of this subsection (a); thereafter, at At
24 no time shall the wages paid to any employee under 18 years of
25 age be more than 50 less than the wage required to be paid to
26 employees who are at least 18 years of age.
27     (b) No employer shall discriminate between employees on the
28 basis of sex or mental or physical handicap, except as
29 otherwise provided in this Act by paying wages to employees at
30 a rate less than the rate at which he pays wages to employees
31 for the same or substantially similar work on jobs the
32 performance of which requires equal skill, effort, and
33 responsibility, and which are performed under similar working
34 conditions, except where such payment is made pursuant to (1) a

 

 

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1 seniority system; (2) a merit system; (3) a system which
2 measures earnings by quantity or quality of production; or (4)
3 a differential based on any other factor other than sex or
4 mental or physical handicap, except as otherwise provided in
5 this Act.
6     (c) Every employer of an employee engaged in an occupation
7 in which gratuities have customarily and usually constituted
8 and have been recognized as part of the remuneration for hire
9 purposes is entitled to an allowance for gratuities as part of
10 the hourly wage rate provided in Section 4, subsection (a) in
11 an amount not to exceed 40% of the applicable minimum wage
12 rate. The Director shall require each employer desiring an
13 allowance for gratuities to provide substantial evidence that
14 the amount claimed, which may not exceed 40% of the applicable
15 minimum wage rate, was received by the employee in the period
16 for which the claim of exemption is made, and no part thereof
17 was returned to the employer.
18     (d) No camp counselor who resides on the premises of a
19 seasonal camp of an organized not-for-profit corporation shall
20 be subject to the adult minimum wage if the camp counselor (1)
21 works 40 or more hours per week, and (2) receives a total
22 weekly salary of not less than the adult minimum wage for a
23 40-hour week. If the counselor works less than 40 hours per
24 week, the counselor shall be paid the minimum hourly wage for
25 each hour worked. Every employer of a camp counselor under this
26 subsection is entitled to an allowance for meals and lodging as
27 part of the hourly wage rate provided in Section 4, subsection
28 (a), in an amount not to exceed 25% of the minimum wage rate.
29     (e) A camp counselor employed at a day camp of an organized
30 not-for-profit corporation is not subject to the adult minimum
31 wage if the camp counselor is paid a stipend on a onetime or
32 periodic basis and, if the camp counselor is a minor, the
33 minor's parent, guardian or other custodian has consented in
34 writing to the terms of payment before the commencement of such

 

 

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1 employment.
2 (Source: P.A. 93-581, eff. 1-1-04.)
 
3     Section 99. Effective date. This Act takes effect July 1,
4 2007.".