Bill Text: IL SB0068 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Illinois Wage Payment and Collection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0068 Detail]
Download: Illinois-2013-SB0068-Amended.html
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1 | AMENDMENT TO SENATE BILL 68
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2 | AMENDMENT NO. ______. Amend Senate Bill 68, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Minimum Wage Law is amended by changing | ||||||
6 | Section 4 as follows:
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7 | (820 ILCS 105/4) (from Ch. 48, par. 1004)
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8 | Sec. 4. (a)(1) Every employer shall pay to each of his | ||||||
9 | employees in every
occupation wages of not less than $2.30 per | ||||||
10 | hour or in the case of
employees under 18 years of age wages of | ||||||
11 | not less than $1.95 per hour,
except as provided in Sections 5 | ||||||
12 | and 6 of this Act, and on and after
January 1, 1984, every | ||||||
13 | employer shall pay to each of his employees in every
occupation | ||||||
14 | wages of not less than $2.65 per hour or in the case of
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15 | employees under 18 years of age wages of not less than $2.25 | ||||||
16 | per hour, and
on and after October 1, 1984 every employer shall |
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1 | pay to each of his
employees in every occupation wages of not | ||||||
2 | less than $3.00 per hour or in
the case of employees under 18 | ||||||
3 | years of age wages of not less than $2.55
per hour, and on or | ||||||
4 | after July 1, 1985 every employer shall pay to each of
his | ||||||
5 | employees in every occupation wages of not less than $3.35 per | ||||||
6 | hour or
in the case of employees under 18 years of age wages of | ||||||
7 | not less than $2.85
per hour,
and from January 1, 2004 through | ||||||
8 | December 31, 2004 every employer shall pay
to
each of his or | ||||||
9 | her employees who is 18 years of age or older in every
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10 | occupation wages of not less than $5.50 per hour, and from
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11 | January 1,
2005 through June 30, 2007 every employer shall pay | ||||||
12 | to each of his or her employees who is 18 years
of age or older | ||||||
13 | in every occupation wages of not less than $6.50 per hour, and | ||||||
14 | from July 1, 2007 through June 30, 2008 every employer shall | ||||||
15 | pay to each of his or her employees who is 18 years
of age or | ||||||
16 | older in every occupation wages of not less than $7.50 per | ||||||
17 | hour, and from July 1, 2008 through June 30, 2009 every | ||||||
18 | employer shall pay to each of his or her employees who is 18 | ||||||
19 | years
of age or older in every occupation wages of not less | ||||||
20 | than $7.75 per hour, and from July 1, 2009 through June 30, | ||||||
21 | 2010 every employer shall pay to each of his or her employees | ||||||
22 | who is 18 years
of age or older in every occupation wages of | ||||||
23 | not less than $8.00 per hour, and from on and after July 1, | ||||||
24 | 2010 through June 30, 2015 every employer shall pay to each of | ||||||
25 | his or her employees who is 18 years of age or older in every | ||||||
26 | occupation wages of not less than $8.25 per hour , and from July |
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1 | 1, 2015 through June 30, 2016 every employer shall pay to each | ||||||
2 | of his or her employees who is 18 years of age or older in every | ||||||
3 | occupation wages of not less than $10 per hour, and from July | ||||||
4 | 1, 2016 through June 30, 2017 every employer shall pay to each | ||||||
5 | of his or her employees who is 18 years of age or older in every | ||||||
6 | occupation wages of not less than $10.50 per hour, and on and | ||||||
7 | after July 1, 2017 every employer shall pay to each of his or | ||||||
8 | her employees who is 18 years of age or older in every | ||||||
9 | occupation wages of not less than $11 per hour .
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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); however, an employer shall pay | ||||||
17 | not less than the rate prescribed in item (1) of this | ||||||
18 | subsection (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 | ||||||
26 | 18 years of age be more than 50¢
less than the wage required to |
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1 | be paid to employees who are at least 18 years
of age under | ||||||
2 | item (1) of this subsection (a).
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3 | (b) No employer shall discriminate between employees on the | ||||||
4 | basis of sex
or mental or physical handicap, except as | ||||||
5 | otherwise provided in this Act by
paying wages to employees at | ||||||
6 | a rate less than the rate at which he pays
wages to employees | ||||||
7 | for the same or substantially
similar work on jobs the | ||||||
8 | performance of which requires equal skill, effort,
and | ||||||
9 | responsibility, and which are performed under similar working
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10 | conditions, except where such payment is made pursuant to (1) a | ||||||
11 | seniority
system; (2) a merit system; (3) a system which | ||||||
12 | measures earnings by
quantity or quality of production; or (4) | ||||||
13 | a differential based on any other
factor other than sex or | ||||||
14 | mental or physical handicap, except as otherwise
provided in | ||||||
15 | this Act.
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16 | (c) Every employer of an employee engaged in an
occupation | ||||||
17 | in which gratuities have customarily and usually constituted | ||||||
18 | and
have been recognized as part of the remuneration for hire | ||||||
19 | purposes is
entitled to an allowance for gratuities as part of | ||||||
20 | the hourly wage rate
provided in Section 4, subsection (a) in | ||||||
21 | an amount not to exceed 40% of the
applicable minimum wage | ||||||
22 | rate. The Director shall require each employer
desiring an | ||||||
23 | allowance for gratuities to provide substantial evidence that
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24 | the amount claimed, which may not exceed 40% of the applicable | ||||||
25 | minimum wage
rate, was received by the employee in the period | ||||||
26 | for which the claim of
exemption is made, and no part thereof |
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1 | was returned to the employer.
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2 | (d) No camp counselor who resides on the premises of a | ||||||
3 | seasonal camp of
an organized not-for-profit corporation shall | ||||||
4 | be subject to the adult minimum
wage if the camp counselor (1) | ||||||
5 | works 40 or more hours per week, and (2)
receives a total | ||||||
6 | weekly salary of not less than the adult minimum
wage for a | ||||||
7 | 40-hour week. If the counselor works less than 40 hours per
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8 | week, the counselor shall be paid the minimum hourly wage for | ||||||
9 | each hour
worked. Every employer of a camp counselor under this | ||||||
10 | subsection is entitled
to an allowance for meals and lodging as | ||||||
11 | part of the hourly wage rate provided
in Section 4, subsection | ||||||
12 | (a), in an amount not to exceed 25% of the
minimum wage rate.
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13 | (e) A camp counselor employed at a day camp is not subject | ||||||
14 | to the adult minimum wage if the
camp counselor is paid a | ||||||
15 | stipend on a onetime or periodic basis and, if
the camp | ||||||
16 | counselor is a minor, the minor's parent, guardian or other
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17 | custodian has consented in writing to the terms of payment | ||||||
18 | before the
commencement of such employment.
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19 | (Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07; | ||||||
20 | 95-945, eff. 1-1-09.)
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21 | Section 99. Effective date. This Act takes effect June 30, | ||||||
22 | 2015.".
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