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


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4972

Introduced , by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:
820 ILCS 105/4 from Ch. 48, par. 1004

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.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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) The Department of Labor shall designate
8Illinois Job Area A as the counties in Illinois that are within
9the Chicago Metropolitan Statistical Area as defined by the
10United States Office of Management and Budget. Using population
11data from the most recent decennial census, the Department
12shall divide the remainder of the State into Illinois Job Areas
13B 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
6Innovation and Technology shall provide any assistance that the
7Department of Labor requires to perform its duties under this
8subsection (a).
9 After the Department of Labor has divided the State into
10Illinois Job Areas A, B, and C, any municipality may, by
11ordinance, make that municipality a part of another Illinois
12Job Area without regard to the criteria in items (i) through
13(iv), and any county may, by ordinance, make the unincorporated
14territory of that county a part of another Illinois Job Area
15without regard to the criteria in items (i) through (iv).
16 In Illinois Job Area A, Every employer shall pay to each of
17his employees in every occupation wages of not less than $2.30
18per hour or in the case of employees under 18 years of age
19wages of not less than $1.95 per hour, except as provided in
20Sections 5 and 6 of this Act, and on and after January 1, 1984,
21every employer shall pay to each of his employees in every
22occupation wages of not less than $2.65 per hour or in the case
23of employees under 18 years of age wages of not less than $2.25
24per hour, and on and after October 1, 1984 every employer shall
25pay to each of his employees in every occupation wages of not
26less than $3.00 per hour or in the case of employees under 18

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1years of age wages of not less than $2.55 per hour, and on or
2after July 1, 1985 every employer shall pay to each of his
3employees in every occupation wages of not less than $3.35 per
4hour or in the case of employees under 18 years of age wages of
5not less than $2.85 per hour, and from January 1, 2004 through
6December 31, 2004 every employer shall pay to each of his or
7her employees who is 18 years of age or older in every
8occupation wages of not less than $5.50 per hour, and from
9January 1, 2005 through June 30, 2007 every employer shall pay
10to each of his or her employees who is 18 years of age or older
11in every occupation wages of not less than $6.50 per hour, and
12from July 1, 2007 through June 30, 2008 every employer shall
13pay to each of his or her employees who is 18 years of age or
14older in every occupation wages of not less than $7.50 per
15hour, and from July 1, 2008 through June 30, 2009 every
16employer shall pay to each of his or her employees who is 18
17years of age or older in every occupation wages of not less
18than $7.75 per hour, and from July 1, 2009 through June 30,
192010 every employer shall pay to each of his or her employees
20who is 18 years of age or older in every occupation wages of
21not less than $8.00 per hour, and from July 1, 2010 through
22December 31, 2019 every employer shall pay to each of his or
23her employees who is 18 years of age or older in every
24occupation wages of not less than $8.25 per hour, and from
25January 1, 2020 through June 30, 2020, every employer shall pay
26to each of his or her employees who is 18 years of age or older

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1in every occupation wages of not less than $9.25 per hour, and
2from July 1, 2020 through December 31, 2020 every employer
3shall pay to each of his or her employees who is 18 years of age
4or older in every occupation wages of not less than $10 per
5hour, and from January 1, 2021 through December 31, 2021 every
6employer shall pay to each of his or her employees who is 18
7years of age or older in every occupation wages of not less
8than $11 per hour, and from January 1, 2022 through December
931, 2022 every employer shall pay to each of his or her
10employees who is 18 years of age or older in every occupation
11wages of not less than $12 per hour, and from January 1, 2023
12through December 31, 2023 every employer shall pay to each of
13his or her employees who is 18 years of age or older in every
14occupation wages of not less than $13 per hour, and from
15January 1, 2024 through December 31, 2024, every employer shall
16pay to each of his or her employees who is 18 years of age or
17older in every occupation wages of not less than $14 per hour;
18and on and after January 1, 2025, every employer shall pay to
19each of his or her employees who is 18 years of age or older in
20every occupation wages of not less than $15 per hour.
21 In Illinois Job Area B, through June 30, 2022 every
22employer shall pay to each of his or her employees who is 18
23years of age or older in every occupation wages of not less
24than $11 per hour, and from July 1, 2022 through June 30, 2023
25every employer shall pay to each of his or her employees who is
2618 years of age or older in every occupation wages of not less

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1than $11.67 per hour, and from July 1, 2023 through June 30,
22024 every employer shall pay to each of his or her employees
3who is 18 years of age or older in every occupation wages of
4not less than $12.33 per hour, and from July 1, 2024 through
5June 30, 2025 every employer shall pay to each of his or her
6employees who is 18 years of age or older in every occupation
7wages of not less than $13 per hour, and from July 1, 2025
8through June 30, 2026 every employer shall pay to each of his
9or her employees who is 18 years of age or older in every
10occupation wages of not less than $13.67 per hour, and from
11July 1, 2026 through June 30, 2027 every employer shall pay to
12each of his or her employees who is 18 years of age or older in
13every occupation wages of not less than $14.33 per hour, and on
14and after July 1, 2027, every employer shall pay to each of his
15or her employees who is 18 years of age or older in every
16occupation wages of not less than $15 per hour.
17 In Illinois Job Area C, through June 30, 2022 every
18employer shall pay to each of his or her employees who is 18
19years of age or older in every occupation wages of not less
20than $11 per hour, and from July 1, 2022 through June 30, 2023
21every employer shall pay to each of his or her employees who is
2218 years of age or older in every occupation wages of not less
23than $11.33 per hour, and from July 1, 2023 through June 30,
242024 every employer shall pay to each of his or her employees
25who is 18 years of age or older in every occupation wages of
26not less than $11.67 per hour, and from July 1, 2024 through

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1June 30, 2025 every employer shall pay to each of his or her
2employees who is 18 years of age or older in every occupation
3wages of not less than $12 per hour, and from July 1, 2025
4through June 30, 2026 every employer shall pay to each of his
5or her employees who is 18 years of age or older in every
6occupation wages of not less than $12.33 per hour, and from
7July 1, 2026 through June 30, 2027 every employer shall pay to
8each of his or her employees who is 18 years of age or older in
9every occupation wages of not less than $12.67 per hour, and
10from July 1, 2027 through June 30, 2028 every employer shall
11pay to each of his or her employees who is 18 years of age or
12older in every occupation wages of not less than $13 per hour,
13and from July 1, 2028 through June 30, 2029 every employer
14shall pay to each of his or her employees who is 18 years of age
15or older in every occupation wages of not less than $13.33 per
16hour, and from July 1, 2029 through June 30, 2030 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 $13.67 per hour, and from July 1, 2030 through June 30,
202031 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 $14 per hour, and from July 1, 2031 through June
2330, 2032 every employer shall pay to each of his or her
24employees who is 18 years of age or older in every occupation
25wages of not less than $14.33 per hour, and from July 1, 2032
26through June 30, 2033 every employer shall pay to each of his

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1or her employees who is 18 years of age or older in every
2occupation wages of not less than $14.67 per hour, and on and
3after July 1, 2033, every employer shall pay to each of his or
4her employees who is 18 years of age or older in every
5occupation wages of not less than $15 per hour.
6 (2) Unless an employee's wages are reduced under Section 6,
7then in lieu of the rate prescribed in item (1) of this
8subsection (a), an employer may pay an employee who is 18 years
9of age or older, during the first 90 consecutive calendar days
10after the employee is initially employed by the employer, a
11wage that is not more than 50¢ less than the wage prescribed in
12item (1) of this subsection (a); however, an employer shall pay
13not less than the rate prescribed in item (1) of this
14subsection (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
22wages paid to any employee under 18 years of age be more than
2350¢ less than the wage required to be paid to employees who are
24at least 18 years of age under item (1) of this subsection (a).
25Beginning on January 1, 2020, every employer shall pay to each
26of his or her employees who is under 18 years of age that has

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1worked more than 650 hours for the employer during any calendar
2year a wage not less than the wage required for employees who
3are 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
5of his or her employees who is under 18 years of age that has
6not worked more than 650 hours for the employer during any
7calendar year: (1) $8 per hour from January 1, 2020 through
8December 31, 2020; (2) $8.50 per hour from January 1, 2021
9through December 31, 2021; (3) $9.25 per hour from January 1,
102022 through December 31, 2022; (4) $10.50 per hour from
11January 1, 2023 through December 31, 2023; (5) $12 per hour
12from January 1, 2024 through December 31, 2024; and (6) $13 per
13hour on and after January 1, 2025.
14 (b) No employer shall discriminate between employees on the
15basis of sex or mental or physical disability, except as
16otherwise provided in this Act by paying wages to employees at
17a rate less than the rate at which he pays wages to employees
18for the same or substantially similar work on jobs the
19performance of which requires equal skill, effort, and
20responsibility, and which are performed under similar working
21conditions, except where such payment is made pursuant to (1) a
22seniority system; (2) a merit system; (3) a system which
23measures earnings by quantity or quality of production; or (4)
24a differential based on any other factor other than sex or
25mental or physical disability, except as otherwise provided in
26this Act.

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1 (c) Every employer of an employee engaged in an occupation
2in which gratuities have customarily and usually constituted
3and have been recognized as part of the remuneration for hire
4purposes is entitled to an allowance for gratuities as part of
5the hourly wage rate provided in Section 4, subsection (a) in
6an amount not to exceed 40% of the applicable minimum wage
7rate. The Director shall require each employer desiring an
8allowance for gratuities to provide substantial evidence that
9the amount claimed, which may not exceed 40% of the applicable
10minimum wage rate, was received by the employee in the period
11for which the claim of exemption is made, and no part thereof
12was returned to the employer.
13 (d) No camp counselor who resides on the premises of a
14seasonal camp of an organized not-for-profit corporation shall
15be subject to the adult minimum wage if the camp counselor (1)
16works 40 or more hours per week, and (2) receives a total
17weekly salary of not less than the adult minimum wage for a
1840-hour week. If the counselor works less than 40 hours per
19week, the counselor shall be paid the minimum hourly wage for
20each hour worked. Every employer of a camp counselor under this
21subsection is entitled to an allowance for meals and lodging as
22part of the hourly wage rate provided in Section 4, subsection
23(a), in an amount not to exceed 25% of the minimum wage rate.
24 (e) A camp counselor employed at a day camp is not subject
25to the adult minimum wage if the camp counselor is paid a
26stipend on a onetime or periodic basis and, if the camp

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1counselor is a minor, the minor's parent, guardian or other
2custodian has consented in writing to the terms of payment
3before the commencement of such employment.
4(Source: P.A. 101-1, eff. 2-19-19.)
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