SB1268enr 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Minimum Wage Law is amended by changing
5 Sections 4 and 6 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
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
25 occupation wages of not less than $5.50 per hour, and from on
26 and after January 1, 2005 through June 30, 2007 every employer
27 shall pay to each of his or her employees who is 18 years of age
28 or older in every occupation wages of not less than $6.50 per
29 hour, and from July 1, 2007 through June 30, 2008 every
30 employer shall pay to each of his or her employees who is 18
31 years of age or older in every occupation wages of not less
32 than $7.50 per hour, and from July 1, 2008 through June 30,

 

 

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1 2009 every employer shall pay to each of his or her employees
2 who is 18 years of age or older in every occupation wages of
3 not less than $7.75 per hour, and from July 1, 2009 through
4 June 30, 2010 every employer shall pay to each of his or her
5 employees who is 18 years of age or older in every occupation
6 wages of not less than $8.00 per hour, and on and after July 1,
7 2010 every employer shall pay to each of his or her employees
8 who is 18 years of age or older in every occupation wages of
9 not less than $8.25 per hour.
10     (2) Unless an employee's wages are reduced under Section 6,
11 then in lieu of the rate prescribed in item (1) of this
12 subsection (a), an employer may pay an employee who is 18 years
13 of age or older, during the first 90 consecutive calendar days
14 after the employee is initially employed by the employer, a
15 wage that is not more than 50 less than the wage prescribed in
16 item (1) of this subsection (a).
17     (3) At no time shall the wages paid to any employee under
18 18 years of age be more than 50 less than the wage required to
19 be paid to employees who are at least 18 years of age under
20 item (1) of this subsection (a).
21     (b) No employer shall discriminate between employees on the
22 basis of sex or mental or physical handicap, except as
23 otherwise provided in this Act by paying wages to employees at
24 a rate less than the rate at which he pays wages to employees
25 for the same or substantially similar work on jobs the
26 performance of which requires equal skill, effort, and
27 responsibility, and which are performed under similar working
28 conditions, except where such payment is made pursuant to (1) a
29 seniority system; (2) a merit system; (3) a system which
30 measures earnings by quantity or quality of production; or (4)
31 a differential based on any other factor other than sex or
32 mental or physical handicap, except as otherwise provided in
33 this Act.
34     (c) Every employer of an employee engaged in an occupation
35 in which gratuities have customarily and usually constituted
36 and have been recognized as part of the remuneration for hire

 

 

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1 purposes is entitled to an allowance for gratuities as part of
2 the hourly wage rate provided in Section 4, subsection (a) in
3 an amount not to exceed 40% of the applicable minimum wage
4 rate. The Director shall require each employer desiring an
5 allowance for gratuities to provide substantial evidence that
6 the amount claimed, which may not exceed 40% of the applicable
7 minimum wage rate, was received by the employee in the period
8 for which the claim of exemption is made, and no part thereof
9 was returned to the employer.
10     (d) No camp counselor who resides on the premises of a
11 seasonal camp of an organized not-for-profit corporation shall
12 be subject to the adult minimum wage if the camp counselor (1)
13 works 40 or more hours per week, and (2) receives a total
14 weekly salary of not less than the adult minimum wage for a
15 40-hour week. If the counselor works less than 40 hours per
16 week, the counselor shall be paid the minimum hourly wage for
17 each hour worked. Every employer of a camp counselor under this
18 subsection is entitled to an allowance for meals and lodging as
19 part 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 of an organized
22 not-for-profit corporation is not subject to the adult minimum
23 wage if the camp counselor is paid a stipend on a onetime or
24 periodic basis and, if the camp counselor is a minor, the
25 minor's parent, guardian or other custodian has consented in
26 writing to the terms of payment before the commencement of such
27 employment.
28 (Source: P.A. 93-581, eff. 1-1-04.)
 
29     (820 ILCS 105/6)  (from Ch. 48, par. 1006)
30     Sec. 6. (a) For any occupation, the Director may provide by
31 regulation for the employment in that occupation of learners at
32 such wages lower than the minimum wage provided in items (1)
33 and (3) of Section 4, subsection (a) of Section 4 as the
34 Director may find appropriate to prevent curtailment of
35 opportunities for employment and to safeguard the minimum wage

 

 

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1 rate of this Act.
2     (b) Where the Director has provided by regulation for the
3 employment of learners, such regulations are subject to
4 provisions hereinafter set forth and to such additional terms
5 and conditions as may be established in supplemental
6 regulations applicable to the employment of learners in
7 particular industries.
8     (c) In any occupation, every employer may pay a subminimum
9 wage to learners during their period of learning. However,
10 under no circumstances, may an employer pay a learner a wage
11 less than 70% of the minimum wage rate provided in item (1) of
12 Section 4, subsection (a) of Section 4 of this Act for
13 employees 18 years of age or older.
14     (d) No person is deemed a learner in any occupation for
15 which he has completed the required training; and in no case
16 may a person be deemed a learner in that occupation after 6
17 months of such training, except where the Director finds, after
18 investigation, that for the particular occupation a minimum of
19 proficiency cannot be acquired in 6 months.
20 (Source: P.A. 81-1144.)
 
21     Section 99. Effective date. This Act takes effect July 1,
22 2007.