Bill Text: IL HB4972 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Minimum Wage Law. Provides that the Department of Labor shall divide the State into 3 areas in accordance with specified criteria. Provides that, after the Department of Labor has divided the State into 3 areas, any municipality may, by ordinance, make that municipality a part of another area, and any county may, by ordinance, make the unincorporated territory of that county a part of another area. Establishes minimum wage rates for each area.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4972 Detail]
Download: Illinois-2019-HB4972-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Minimum Wage Law is amended by changing | ||||||||||||||||||||||||
5 | Section 4 as follows:
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6 | (820 ILCS 105/4) (from Ch. 48, par. 1004)
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7 | Sec. 4. (a)(1) The Department of Labor shall designate | ||||||||||||||||||||||||
8 | Illinois Job Area A as the counties in Illinois that are within | ||||||||||||||||||||||||
9 | the Chicago Metropolitan Statistical Area as defined by the | ||||||||||||||||||||||||
10 | United States Office of Management and Budget. Using population | ||||||||||||||||||||||||
11 | data from the most recent decennial census, the Department | ||||||||||||||||||||||||
12 | shall divide the remainder of the State into Illinois Job Areas | ||||||||||||||||||||||||
13 | B and C in accordance with the following criteria: | ||||||||||||||||||||||||
14 | (i) Illinois Job Areas B and C shall be contiguous but | ||||||||||||||||||||||||
15 | are not required to be compact. | ||||||||||||||||||||||||
16 | (ii) The Department of Labor shall keep each county | ||||||||||||||||||||||||
17 | intact in either Illinois Job Area B or Illinois Job Area | ||||||||||||||||||||||||
18 | C. | ||||||||||||||||||||||||
19 | (iii) There shall be no more than a 10% difference in | ||||||||||||||||||||||||
20 | population between Illinois Job Areas B and C. | ||||||||||||||||||||||||
21 | (iv) To the extent practicable given the criteria in | ||||||||||||||||||||||||
22 | items (i) through (iii), the Department shall place | ||||||||||||||||||||||||
23 | counties in Illinois Job Areas B and C so that Illinois Job |
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1 | Area C has a higher unemployment rate, not seasonally | ||||||
2 | adjusted, than Illinois Job Area B and the difference in | ||||||
3 | unemployment rates between Illinois Job Area C and Illinois | ||||||
4 | Job Area B is maximized. | ||||||
5 | The Department of Employment Security and the Department of | ||||||
6 | Innovation and Technology shall provide any assistance that the | ||||||
7 | Department of Labor requires to perform its duties under this | ||||||
8 | subsection (a). | ||||||
9 | After the Department of Labor has divided the State into | ||||||
10 | Illinois Job Areas A, B, and C, any municipality may, by | ||||||
11 | ordinance, make that municipality a part of another Illinois | ||||||
12 | Job Area without regard to the criteria in items (i) through | ||||||
13 | (iv), and any county may, by ordinance, make the unincorporated | ||||||
14 | territory of that county a part of another Illinois Job Area | ||||||
15 | without regard to the criteria in items (i) through (iv). | ||||||
16 | In Illinois Job Area A, Every employer shall pay to each of | ||||||
17 | his employees in every
occupation wages of not less than $2.30 | ||||||
18 | per hour or in the case of
employees under 18 years of age | ||||||
19 | wages of not less than $1.95 per hour,
except as provided in | ||||||
20 | Sections 5 and 6 of this Act, and on and after
January 1, 1984, | ||||||
21 | every employer shall pay to each of his employees in every
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22 | occupation wages of not less than $2.65 per hour or in the case | ||||||
23 | of
employees under 18 years of age wages of not less than $2.25 | ||||||
24 | per hour, and
on and after October 1, 1984 every employer shall | ||||||
25 | pay to each of his
employees in every occupation wages of not | ||||||
26 | less than $3.00 per hour or in
the case of employees under 18 |
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1 | years of age wages of not less than $2.55
per hour, and on or | ||||||
2 | after July 1, 1985 every employer shall pay to each of
his | ||||||
3 | employees in every occupation wages of not less than $3.35 per | ||||||
4 | hour or
in the case of employees under 18 years of age wages of | ||||||
5 | not less than $2.85
per hour,
and from January 1, 2004 through | ||||||
6 | December 31, 2004 every employer shall pay
to
each of his or | ||||||
7 | her employees who is 18 years of age or older in every
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8 | occupation wages of not less than $5.50 per hour, and from
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9 | January 1,
2005 through June 30, 2007 every employer shall pay | ||||||
10 | to each of his or her employees who is 18 years
of age or older | ||||||
11 | in every occupation wages of not less than $6.50 per hour, and | ||||||
12 | from July 1, 2007 through June 30, 2008 every employer shall | ||||||
13 | pay to each of his or her employees who is 18 years
of age or | ||||||
14 | older in every occupation wages of not less than $7.50 per | ||||||
15 | hour, and from July 1, 2008 through June 30, 2009 every | ||||||
16 | employer shall pay to each of his or her employees who is 18 | ||||||
17 | years
of age or older in every occupation wages of not less | ||||||
18 | than $7.75 per hour, and from July 1, 2009 through June 30, | ||||||
19 | 2010 every employer shall pay to each of his or her employees | ||||||
20 | who is 18 years
of age or older in every occupation wages of | ||||||
21 | not less than $8.00 per hour, and from July 1, 2010 through | ||||||
22 | December 31, 2019 every employer shall pay to each of his or | ||||||
23 | her employees who is 18 years of age or older in every | ||||||
24 | occupation wages of not less than $8.25 per hour, and from
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25 | January 1, 2020 through June 30, 2020, every employer shall pay | ||||||
26 | to each of his or her employees who is 18 years of age or older |
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1 | in every occupation wages of not less than $9.25 per hour, and | ||||||
2 | from July 1, 2020 through December 31, 2020 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 $10 per | ||||||
5 | hour, and
from January 1, 2021 through December 31, 2021 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 $11 per hour,
and from January 1, 2022 through December | ||||||
9 | 31, 2022 every employer
shall pay to each of his or her | ||||||
10 | employees who is 18 years of age
or older in every occupation | ||||||
11 | wages of not less than $12 per
hour, and from January 1, 2023 | ||||||
12 | through December 31, 2023 every
employer shall pay to each of | ||||||
13 | his or her employees who is 18
years of age or older in every | ||||||
14 | occupation wages of not less
than $13 per hour, and from | ||||||
15 | January 1, 2024 through December 31, 2024, every employer shall | ||||||
16 | pay to each of his or her employees who is 18 years of age or | ||||||
17 | older in every occupation wages of not less than $14 per hour; | ||||||
18 | and on and after January 1, 2025, every
employer shall pay to | ||||||
19 | each of his or her employees who is 18
years of age or older in | ||||||
20 | every occupation wages of not less
than $15 per hour.
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21 | In Illinois Job Area B, through June 30, 2022 every | ||||||
22 | employer shall pay to each of his or her employees who is 18 | ||||||
23 | years of age or older in every occupation wages of not less | ||||||
24 | than $11 per hour, and from July 1, 2022 through June 30, 2023 | ||||||
25 | every employer shall pay to each of his or her employees who is | ||||||
26 | 18 years of age or older in every occupation wages of not less |
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1 | than $11.67 per hour, and from July 1, 2023 through June 30, | ||||||
2 | 2024 every employer shall pay to each of his or her employees | ||||||
3 | who is 18 years of age or older in every occupation wages of | ||||||
4 | not less than $12.33 per hour, and from July 1, 2024 through | ||||||
5 | June 30, 2025 every employer shall pay to each of his or her | ||||||
6 | employees who is 18 years of age or older in every occupation | ||||||
7 | wages of not less than $13 per hour, and from July 1, 2025 | ||||||
8 | through June 30, 2026 every employer shall pay to each of his | ||||||
9 | or her employees who is 18 years of age or older in every | ||||||
10 | occupation wages of not less than $13.67 per hour, and from | ||||||
11 | July 1, 2026 through June 30, 2027 every employer shall pay to | ||||||
12 | each of his or her employees who is 18 years of age or older in | ||||||
13 | every occupation wages of not less than $14.33 per hour, and on | ||||||
14 | and after July 1, 2027, every employer shall pay to each of his | ||||||
15 | or her employees who is 18 years of age or older in every | ||||||
16 | occupation wages of not less than $15 per hour. | ||||||
17 | In Illinois Job Area C, through June 30, 2022 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 $11 per hour, and from July 1, 2022 through June 30, 2023 | ||||||
21 | every employer shall pay to each of his or her employees who is | ||||||
22 | 18 years of age or older in every occupation wages of not less | ||||||
23 | than $11.33 per hour, and from July 1, 2023 through June 30, | ||||||
24 | 2024 every employer shall pay to each of his or her employees | ||||||
25 | who is 18 years of age or older in every occupation wages of | ||||||
26 | not less than $11.67 per hour, and from July 1, 2024 through |
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1 | June 30, 2025 every employer shall pay to each of his or her | ||||||
2 | employees who is 18 years of age or older in every occupation | ||||||
3 | wages of not less than $12 per hour, and from July 1, 2025 | ||||||
4 | through June 30, 2026 every employer shall pay to each of his | ||||||
5 | or her employees who is 18 years of age or older in every | ||||||
6 | occupation wages of not less than $12.33 per hour, and from | ||||||
7 | July 1, 2026 through June 30, 2027 every employer shall pay to | ||||||
8 | each of his or her employees who is 18 years of age or older in | ||||||
9 | every occupation wages of not less than $12.67 per hour, and | ||||||
10 | from July 1, 2027 through June 30, 2028 every employer shall | ||||||
11 | pay to each of his or her employees who is 18 years of age or | ||||||
12 | older in every occupation wages of not less than $13 per hour, | ||||||
13 | and from July 1, 2028 through June 30, 2029 every employer | ||||||
14 | shall pay to each of his or her employees who is 18 years of age | ||||||
15 | or older in every occupation wages of not less than $13.33 per | ||||||
16 | hour, and from July 1, 2029 through June 30, 2030 every | ||||||
17 | employer shall pay to each of his or her employees who is 18 | ||||||
18 | years of age or older in every occupation wages of not less | ||||||
19 | than $13.67 per hour, and from July 1, 2030 through June 30, | ||||||
20 | 2031 every employer shall pay to each of his or her employees | ||||||
21 | who is 18 years of age or older in every occupation wages of | ||||||
22 | not less than $14 per hour, and from July 1, 2031 through June | ||||||
23 | 30, 2032 every employer shall pay to each of his or her | ||||||
24 | employees who is 18 years of age or older in every occupation | ||||||
25 | wages of not less than $14.33 per hour, and from July 1, 2032 | ||||||
26 | through June 30, 2033 every employer shall pay to each of his |
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1 | or her employees who is 18 years of age or older in every | ||||||
2 | occupation wages of not less than $14.67 per hour, and on and | ||||||
3 | after July 1, 2033, every employer shall pay to each of his or | ||||||
4 | her employees who is 18 years of age or older in every | ||||||
5 | occupation wages of not less than $15 per hour. | ||||||
6 | (2) Unless an employee's wages are reduced under Section 6, | ||||||
7 | then in lieu of the rate prescribed in item (1) of this | ||||||
8 | subsection (a), an employer may pay an employee who is 18 years | ||||||
9 | of age or older, during the first 90 consecutive calendar days | ||||||
10 | after the employee is initially employed by the employer, a | ||||||
11 | wage that is not more than 50¢
less than the wage prescribed in | ||||||
12 | item (1) of this subsection (a); however, an employer shall pay | ||||||
13 | not less than the rate prescribed in item (1) of this | ||||||
14 | subsection (a) to: | ||||||
15 | (A) a day or temporary laborer, as defined in Section 5 | ||||||
16 | of the Day and Temporary Labor Services Act, who is 18 | ||||||
17 | years of age or older; and | ||||||
18 | (B) an employee who is 18 years of age or older and | ||||||
19 | whose employment is occasional or irregular and
requires | ||||||
20 | not more than 90 days to complete. | ||||||
21 | (3) At no time on or before December 31, 2019
shall the | ||||||
22 | wages paid to any employee under 18 years of age be more than | ||||||
23 | 50¢
less than the wage required to be paid to employees who are | ||||||
24 | at least 18 years
of age under item (1) of this subsection (a). | ||||||
25 | Beginning on January 1, 2020, every employer shall pay
to each | ||||||
26 | of his or her employees who is under 18 years of age
that has |
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1 | worked more than 650 hours for the employer during any
calendar | ||||||
2 | year a wage not less than the wage required for
employees who | ||||||
3 | are 18 years of age or older under paragraph (1)
of subsection | ||||||
4 | (a) of Section 4 of this Act. Every employer
shall pay to each | ||||||
5 | of his or her employees who is under 18 years
of age that has | ||||||
6 | not worked more than 650 hours for the employer
during any | ||||||
7 | calendar year: (1) $8 per hour from January 1, 2020
through | ||||||
8 | December 31, 2020; (2) $8.50 per hour from January 1, 2021
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9 | through December 31, 2021; (3) $9.25 per hour from January 1, | ||||||
10 | 2022
through December 31, 2022; (4) $10.50 per hour from | ||||||
11 | January 1, 2023
through December 31, 2023; (5) $12 per hour | ||||||
12 | from January
1, 2024 through December 31, 2024; and (6) $13 per | ||||||
13 | hour on and after January 1, 2025.
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14 | (b) No employer shall discriminate between employees on the | ||||||
15 | basis of sex
or mental or physical disability, except as | ||||||
16 | otherwise provided in this Act by
paying wages to employees at | ||||||
17 | a rate less than the rate at which he pays
wages to employees | ||||||
18 | for the same or substantially
similar work on jobs the | ||||||
19 | performance of which requires equal skill, effort,
and | ||||||
20 | responsibility, and which are performed under similar working
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21 | conditions, except where such payment is made pursuant to (1) a | ||||||
22 | seniority
system; (2) a merit system; (3) a system which | ||||||
23 | measures earnings by
quantity or quality of production; or (4) | ||||||
24 | a differential based on any other
factor other than sex or | ||||||
25 | mental or physical disability, except as otherwise
provided in | ||||||
26 | this Act.
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1 | (c) Every employer of an employee engaged in an
occupation | ||||||
2 | in which gratuities have customarily and usually constituted | ||||||
3 | and
have been recognized as part of the remuneration for hire | ||||||
4 | purposes is
entitled to an allowance for gratuities as part of | ||||||
5 | the hourly wage rate
provided in Section 4, subsection (a) in | ||||||
6 | an amount not to exceed 40% of the
applicable minimum wage | ||||||
7 | rate. The Director shall require each employer
desiring an | ||||||
8 | allowance for gratuities to provide substantial evidence that
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9 | the amount claimed, which may not exceed 40% of the applicable | ||||||
10 | minimum wage
rate, was received by the employee in the period | ||||||
11 | for which the claim of
exemption is made, and no part thereof | ||||||
12 | was returned to the employer.
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13 | (d) No camp counselor who resides on the premises of a | ||||||
14 | seasonal camp of
an organized not-for-profit corporation shall | ||||||
15 | be subject to the adult minimum
wage if the camp counselor (1) | ||||||
16 | works 40 or more hours per week, and (2)
receives a total | ||||||
17 | weekly salary of not less than the adult minimum
wage for a | ||||||
18 | 40-hour week. If the counselor works less than 40 hours per
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19 | week, the counselor shall be paid the minimum hourly wage for | ||||||
20 | each hour
worked. Every employer of a camp counselor under this | ||||||
21 | subsection is entitled
to an allowance for meals and lodging as | ||||||
22 | part of the hourly wage rate provided
in Section 4, subsection | ||||||
23 | (a), in an amount not to exceed 25% of the
minimum wage rate.
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24 | (e) A camp counselor employed at a day camp is not subject | ||||||
25 | to the adult minimum wage if the
camp counselor is paid a | ||||||
26 | stipend on a onetime or periodic basis and, if
the camp |
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1 | counselor is a minor, the minor's parent, guardian or other
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2 | custodian has consented in writing to the terms of payment | ||||||
3 | before the
commencement of such employment.
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4 | (Source: P.A. 101-1, eff. 2-19-19.)
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