SB0068sam004 98TH GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 1/31/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 68

2    AMENDMENT NO. ______. Amend Senate Bill 68 by replacing
3everything after the enacting clause with the following:
 
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 occupation
13wages of not less than $2.65 per hour or in the case of
14employees 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

 

 

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1less than $3.00 per hour or in the case of employees under 18
2years of age wages of not less than $2.55 per hour, and on or
3after July 1, 1985 every employer shall pay to each of his
4employees in every occupation wages of not less than $3.35 per
5hour or in the case of employees under 18 years of age wages of
6not less than $2.85 per hour, and from January 1, 2004 through
7December 31, 2004 every employer shall pay to each of his or
8her employees who is 18 years of age or older in every
9occupation wages of not less than $5.50 per hour, and from
10January 1, 2005 through June 30, 2007 every employer shall pay
11to each of his or her employees who is 18 years of age or older
12in every occupation wages of not less than $6.50 per hour, and
13from July 1, 2007 through June 30, 2008 every employer shall
14pay to each of his or her employees who is 18 years of age or
15older in every occupation wages of not less than $7.50 per
16hour, and from July 1, 2008 through June 30, 2009 every
17employer shall pay to each of his or her employees who is 18
18years of age or older in every occupation wages of not less
19than $7.75 per hour, and from July 1, 2009 through June 30,
202010 every employer shall pay to each of his or her employees
21who is 18 years of age or older in every occupation wages of
22not less than $8.00 per hour, and from on and after July 1,
232010 through September 30, 2014 every employer shall pay to
24each of his or her employees who is 18 years of age or older in
25every occupation wages of not less than $8.25 per hour, and
26from October 1, 2014 through June 30, 2015 every employer shall

 

 

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1pay to each of his or her employees who is 18 years of age or
2older in every occupation wages of not less than $9.25 per
3hour, and from July 1, 2015 through June 30, 2016 every
4employer shall pay to each of his or her employees who is 18
5years of age or older in every occupation wages of not less
6than $10 per hour, and on and after July 1, 2016 every employer
7shall pay to each of his or her employees who is 18 years of age
8or older in every occupation wages of not less than $10.65 per
9hour.
10    (2) Unless an employee's wages are reduced under Section 6,
11then in lieu of the rate prescribed in item (1) of this
12subsection (a), an employer may pay an employee who is 18 years
13of age or older, during the first 90 consecutive calendar days
14after the employee is initially employed by the employer, a
15wage that is not more than 50 less than the wage prescribed in
16item (1) of this subsection (a); however, an employer shall pay
17not less than the rate prescribed in item (1) of this
18subsection (a) to:
19        (A) a day or temporary laborer, as defined in Section 5
20    of the Day and Temporary Labor Services Act, who is 18
21    years of age or older; and
22        (B) an employee who is 18 years of age or older and
23    whose employment is occasional or irregular and requires
24    not more than 90 days to complete.
25    (3) At no time shall the wages paid to any employee under
2618 years of age be more than 50 less than the wage required to

 

 

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1be paid to employees who are at least 18 years of age under
2item (1) of this subsection (a).
3    (b) No employer shall discriminate between employees on the
4basis of sex or mental or physical handicap, except as
5otherwise provided in this Act by paying wages to employees at
6a rate less than the rate at which he pays wages to employees
7for the same or substantially similar work on jobs the
8performance of which requires equal skill, effort, and
9responsibility, and which are performed under similar working
10conditions, except where such payment is made pursuant to (1) a
11seniority system; (2) a merit system; (3) a system which
12measures earnings by quantity or quality of production; or (4)
13a differential based on any other factor other than sex or
14mental or physical handicap, except as otherwise provided in
15this Act.
16    (c) Every employer of an employee engaged in an occupation
17in which gratuities have customarily and usually constituted
18and have been recognized as part of the remuneration for hire
19purposes is entitled to an allowance for gratuities as part of
20the hourly wage rate provided in Section 4, subsection (a) in
21an amount not to exceed 40% of the applicable minimum wage
22rate. The Director shall require each employer desiring an
23allowance for gratuities to provide substantial evidence that
24the amount claimed, which may not exceed 40% of the applicable
25minimum wage rate, was received by the employee in the period
26for which the claim of exemption is made, and no part thereof

 

 

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1was returned to the employer.
2    (d) No camp counselor who resides on the premises of a
3seasonal camp of an organized not-for-profit corporation shall
4be subject to the adult minimum wage if the camp counselor (1)
5works 40 or more hours per week, and (2) receives a total
6weekly salary of not less than the adult minimum wage for a
740-hour week. If the counselor works less than 40 hours per
8week, the counselor shall be paid the minimum hourly wage for
9each hour worked. Every employer of a camp counselor under this
10subsection is entitled to an allowance for meals and lodging as
11part of the hourly wage rate provided in Section 4, subsection
12(a), in an amount not to exceed 25% of the minimum wage rate.
13    (e) A camp counselor employed at a day camp is not subject
14to the adult minimum wage if the camp counselor is paid a
15stipend on a onetime or periodic basis and, if the camp
16counselor is a minor, the minor's parent, guardian or other
17custodian has consented in writing to the terms of payment
18before the commencement of such employment.
19(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07;
2095-945, eff. 1-1-09.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".