Full Text of HB0353 102nd General Assembly
HB0353 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0353 Introduced 1/29/2021, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 820 ILCS 105/4 | from Ch. 48, par. 1004 |
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Amends the Minimum Wage Law. Increases the minimum wage to $20 per hour for essential workers for the duration of the COVID-19 public health emergency. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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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 | | Section 4 as follows:
| 6 | | (820 ILCS 105/4) (from Ch. 48, par. 1004)
| 7 | | Sec. 4. (a)(1) Except as provided in paragraph (4), every | 8 | | Every employer shall pay to each of his employees in every
| 9 | | occupation wages of not less than $2.30 per hour or in the case | 10 | | of
employees under 18 years of age wages of not less than $1.95 | 11 | | per hour,
except as provided in Sections 5 and 6 of this Act, | 12 | | and on and after
January 1, 1984, every employer shall pay to | 13 | | each of his employees in every
occupation wages of not less | 14 | | than $2.65 per hour or in the case of
employees under 18 years | 15 | | of age wages of not less than $2.25 per hour, and
on and after | 16 | | October 1, 1984 every employer shall pay to each of his
| 17 | | employees in every occupation wages of not less than $3.00 per | 18 | | hour or in
the case of employees under 18 years of age wages of | 19 | | not less than $2.55
per hour, and on or after July 1, 1985 | 20 | | every employer shall pay to each of
his employees in every | 21 | | occupation wages of not less than $3.35 per hour or
in the case | 22 | | of employees under 18 years of age wages of not less than $2.85
| 23 | | per hour,
and from January 1, 2004 through December 31, 2004 |
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| 1 | | every employer shall pay
to
each of his or her employees who is | 2 | | 18 years of age or older in every
occupation wages of not less | 3 | | than $5.50 per hour, and from
January 1,
2005 through June 30, | 4 | | 2007 every employer shall pay to each of his or her employees | 5 | | who is 18 years
of age or older in every occupation wages of | 6 | | not less than $6.50 per hour, and from July 1, 2007 through | 7 | | June 30, 2008 every employer shall pay to each of his or her | 8 | | employees who is 18 years
of age or older in every occupation | 9 | | wages of not less than $7.50 per hour, and from July 1, 2008 | 10 | | through June 30, 2009 every employer shall pay to each of his | 11 | | or her employees who is 18 years
of age or older in every | 12 | | occupation wages of not less than $7.75 per hour, and from July | 13 | | 1, 2009 through June 30, 2010 every employer shall pay to each | 14 | | of his or her employees who is 18 years
of age or older in | 15 | | every occupation wages of not less than $8.00 per hour, and | 16 | | from July 1, 2010 through December 31, 2019 every employer | 17 | | shall pay to each of his or her employees who is 18 years of | 18 | | age or older in every occupation wages of not less than $8.25 | 19 | | per hour, and from
January 1, 2020 through June 30, 2020, every | 20 | | employer shall pay to each of his or her employees who is 18 | 21 | | years of age or older in every occupation wages of not less | 22 | | than $9.25 per hour, and from July 1, 2020 through December 31, | 23 | | 2020 every employer shall pay
to each of his or her employees | 24 | | who is 18 years of age or older
in every occupation wages of | 25 | | not less than $10 per hour, and
from January 1, 2021 through | 26 | | December 31, 2021 every employer shall
pay to each of his or |
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| 1 | | her employees who is 18 years of age or
older in every | 2 | | occupation wages of not less than $11 per hour,
and from | 3 | | January 1, 2022 through December 31, 2022 every employer
shall | 4 | | pay to each of his or her employees who is 18 years of age
or | 5 | | older in every occupation wages of not less than $12 per
hour, | 6 | | and from January 1, 2023 through December 31, 2023 every
| 7 | | employer shall pay to each of his or her employees who is 18
| 8 | | years of age or older in every occupation wages of not less
| 9 | | than $13 per hour, and from January 1, 2024 through December | 10 | | 31, 2024, every employer shall pay to each of his or her | 11 | | employees who is 18 years of age or older in every occupation | 12 | | wages of not less than $14 per hour; and on and after January | 13 | | 1, 2025, every
employer shall pay to each of his or her | 14 | | employees who is 18
years of age or older in every occupation | 15 | | wages of not less
than $15 per hour.
| 16 | | (2) Unless an employee's wages are reduced under Section | 17 | | 6, then in lieu of the rate prescribed in item (1) of this | 18 | | subsection (a), an employer may pay an employee who is 18 years | 19 | | of age or older, during the first 90 consecutive calendar days | 20 | | after the employee is initially employed by the employer, a | 21 | | wage that is not more than 50˘
less than the wage prescribed in | 22 | | item (1) of this subsection (a); however, an employer shall | 23 | | pay not less than the rate prescribed in item (1) of this | 24 | | subsection (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 | 6 | | wages paid to any employee under 18 years of age be more than | 7 | | 50˘
less than the wage required to be paid to employees who are | 8 | | at least 18 years
of age under item (1) of this subsection (a). | 9 | | Beginning on January 1, 2020, every employer shall pay
to each | 10 | | of his or her employees who is under 18 years of age
that has | 11 | | worked more than 650 hours for the employer during any
| 12 | | calendar year a wage not less than the wage required for
| 13 | | employees who are 18 years of age or older under paragraph (1)
| 14 | | of subsection (a) of Section 4 of this Act or, if applicable, a | 15 | | wage not less than the wage required for essential workers | 16 | | under paragraph (4). Except as provided in paragraph (4), | 17 | | every . Every employer
shall pay to each of his or her | 18 | | employees who is under 18 years
of age that has not worked more | 19 | | than 650 hours for the employer
during any calendar year: (1) | 20 | | $8 per hour from January 1, 2020
through December 31, 2020; (2) | 21 | | $8.50 per hour from January 1, 2021
through December 31, 2021; | 22 | | (3) $9.25 per hour from January 1, 2022
through December 31, | 23 | | 2022; (4) $10.50 per hour from January 1, 2023
through | 24 | | December 31, 2023; (5) $12 per hour from January
1, 2024 | 25 | | through December 31, 2024; and (6) $13 per hour on and after | 26 | | January 1, 2025.
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| 1 | | (4) Beginning on the effective date of this amendatory Act | 2 | | of the 102nd General Assembly, every employer shall pay to | 3 | | each of his or her employees who is an essential worker wages | 4 | | of not less than $20 per hour for the duration of the COVID-19 | 5 | | public health emergency. For purposes of this paragraph, | 6 | | essential workers are those workers outlined in Executive | 7 | | Order No. 2020-10 issued on March 20, 2020. | 8 | | (b) No employer shall discriminate between employees on | 9 | | the basis of sex
or mental or physical disability, except as | 10 | | otherwise provided in this Act by
paying wages to employees at | 11 | | a rate less than the rate at which he pays
wages to employees | 12 | | for the same or substantially
similar work on jobs the | 13 | | performance of which requires equal skill, effort,
and | 14 | | responsibility, and which are performed under similar working
| 15 | | conditions, except where such payment is made pursuant to (1) | 16 | | a seniority
system; (2) a merit system; (3) a system which | 17 | | measures earnings by
quantity or quality of production; or (4) | 18 | | a differential based on any other
factor other than sex or | 19 | | mental or physical disability, except as otherwise
provided in | 20 | | this Act.
| 21 | | (c) Every employer of an employee engaged in an
occupation | 22 | | in which gratuities have customarily and usually constituted | 23 | | and
have been recognized as part of the remuneration for hire | 24 | | purposes is
entitled to an allowance for gratuities as part of | 25 | | the hourly wage rate
provided in Section 4, subsection (a) in | 26 | | an amount not to exceed 40% of the
applicable minimum wage |
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| 1 | | rate. The Director shall require each employer
desiring an | 2 | | allowance for gratuities to provide substantial evidence that
| 3 | | the amount claimed, which may not exceed 40% of the applicable | 4 | | minimum wage
rate, was received by the employee in the period | 5 | | for which the claim of
exemption is made, and no part thereof | 6 | | was returned to the employer.
| 7 | | (d) No camp counselor who resides on the premises of a | 8 | | seasonal camp of
an organized not-for-profit corporation shall | 9 | | be subject to the adult minimum
wage if the camp counselor (1) | 10 | | works 40 or more hours per week, and (2)
receives a total | 11 | | weekly salary of not less than the adult minimum
wage for a | 12 | | 40-hour week. If the counselor works less than 40 hours per
| 13 | | week, the counselor shall be paid the minimum hourly wage for | 14 | | each hour
worked. Every employer of a camp counselor under | 15 | | this subsection is entitled
to an allowance for meals and | 16 | | lodging as part of the hourly wage rate provided
in Section 4, | 17 | | subsection (a), in an amount not to exceed 25% of the
minimum | 18 | | wage rate.
| 19 | | (e) A camp counselor employed at a day camp is not subject | 20 | | to the adult minimum wage if the
camp counselor is paid a | 21 | | stipend on a onetime or periodic basis and, if
the camp | 22 | | counselor is a minor, the minor's parent, guardian or other
| 23 | | custodian has consented in writing to the terms of payment | 24 | | before the
commencement of such employment.
| 25 | | (Source: P.A. 101-1, eff. 2-19-19.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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