Bill Text: IL SB2004 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois Public Labor Relations Act. Makes a technical change in a Section concerning the short title.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2004 Detail]

Download: Illinois-2013-SB2004-Amended.html

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Sen. Jim Oberweis

Filed: 4/8/2014

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AMENDMENT TO SENATE BILL 2004
AMENDMENT NO. ______. Amend Senate Bill 2004 by replacing
everything after the enacting clause with the following:
"Section 5. The Minimum Wage Law is amended by changing
Section 4 as follows:
(820 ILCS 105/4) (from Ch. 48, par. 1004)
Sec. 4. (a)(1) Every employer shall pay to each of his
employees in every occupation wages of not less than $2.30 per
hour or in the case of employees under 18 years of age wages of
not less than $1.95 per hour, except as provided in Sections 5
and 6 of this Act, and on and after January 1, 1984, every
employer shall pay to each of his employees in every occupation
wages of not less than $2.65 per hour or in the case of
employees under 18 years of age wages of not less than $2.25
per hour, and on and after October 1, 1984 every employer shall
pay to each of his employees in every occupation wages of not

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less than $3.00 per hour or in the case of employees under 18
years of age wages of not less than $2.55 per hour, and on or
after July 1, 1985 every employer shall pay to each of his
employees in every occupation wages of not less than $3.35 per
hour or in the case of employees under 18 years of age wages of
not less than $2.85 per hour, and from January 1, 2004 through
December 31, 2004 every employer shall pay to each of his or
her employees who is 18 years of age or older in every
occupation wages of not less than $5.50 per hour, and from
January 1, 2005 through June 30, 2007 every employer shall pay
to each of his or her employees who is 18 years of age or older
in every occupation wages of not less than $6.50 per hour, and
from July 1, 2007 through June 30, 2008 every employer shall
pay to each of his or her employees who is 18 years of age or
older in every occupation wages of not less than $7.50 per
hour, and from July 1, 2008 through June 30, 2009 every
employer shall pay to each of his or her employees who is 18
years of age or older in every occupation wages of not less
than $7.75 per hour, and from July 1, 2009 through June 30,
2010 every employer shall pay to each of his or her employees
who is 18 years of age or older in every occupation wages of
not less than $8.00 per hour, and from on and after July 1,
2010 through December 31, 2014 every employer shall pay to each
of his or her employees who is 18 years of age or older in every
occupation wages of not less than $8.25 per hour, and on and
after January 1, 2015 every employer shall pay to each of his

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or her employees who is at least 18 years of age but under 26
years of age in every occupation wages of not less than $8.25
per hour, and from January 1, 2015 through December 31, 2015
every employer shall pay to each of his or her employees who is
26 years of age or older in every occupation wages of not less
than $9 per hour, and from January 1, 2016 through December 31,
2016 every employer shall pay to each of his or her employees
who is 26 years of age or older in every occupation wages of
not less than $9.50 per hour, and on and after January 1, 2017
every employer shall pay to each of his or her employees who is
26 years of age or older in every occupation wages of not less
than $10 per hour.
(2) Unless an employee's wages are reduced under Section 6,
then in lieu of the rate prescribed in item (1) of this
subsection (a), an employer may pay an employee who is 18 years
of age or older, during the first 90 consecutive calendar days
after the employee is initially employed by the employer, a
wage that is not more than 50� less than the wage prescribed in
item (1) of this subsection (a); however, an employer shall pay
not less than the rate prescribed in item (1) of this
subsection (a) to:
(A) a day or temporary laborer, as defined in Section 5
of the Day and Temporary Labor Services Act, who is 18
years of age or older; and
(B) an employee who is 18 years of age or older and
whose employment is occasional or irregular and requires

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not more than 90 days to complete.
(3) At no time shall the wages paid to any employee under
18 years of age be more than 50� less than the wage required to
be paid to employees who are at least 18 years of age but under
26 years of age under item (1) of this subsection (a).
(b) No employer shall discriminate between employees on the
basis of sex or mental or physical handicap, except as
otherwise provided in this Act by paying wages to employees at
a rate less than the rate at which he pays wages to employees
for the same or substantially similar work on jobs the
performance of which requires equal skill, effort, and
responsibility, and which are performed under similar working
conditions, except where such payment is made pursuant to (1) a
seniority system; (2) a merit system; (3) a system which
measures earnings by quantity or quality of production; or (4)
a differential based on any other factor other than sex or
mental or physical handicap, except as otherwise provided in
this Act.
(c) Every employer of an employee engaged in an occupation
in which gratuities have customarily and usually constituted
and have been recognized as part of the remuneration for hire
purposes is entitled to an allowance for gratuities as part of
the hourly wage rate provided in Section 4, subsection (a) in
an amount not to exceed 40% of the applicable minimum wage
rate. The Director shall require each employer desiring an
allowance for gratuities to provide substantial evidence that

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the amount claimed, which may not exceed 40% of the applicable
minimum wage rate, was received by the employee in the period
for which the claim of exemption is made, and no part thereof
was returned to the employer.
(d) No camp counselor who resides on the premises of a
seasonal camp of an organized not-for-profit corporation shall
be subject to the adult minimum wage if the camp counselor (1)
works 40 or more hours per week, and (2) receives a total
weekly salary of not less than the adult minimum wage for a
40-hour week. If the counselor works less than 40 hours per
week, the counselor shall be paid the minimum hourly wage for
each hour worked. Every employer of a camp counselor under this
subsection is entitled to an allowance for meals and lodging as
part of the hourly wage rate provided in Section 4, subsection
(a), in an amount not to exceed 25% of the minimum wage rate.
(e) A camp counselor employed at a day camp is not subject
to the adult minimum wage if the camp counselor is paid a
stipend on a onetime or periodic basis and, if the camp
counselor is a minor, the minor's parent, guardian or other
custodian has consented in writing to the terms of payment
before the commencement of such employment.
(f) A municipality, including a home rule municipality, may
not establish a minimum wage in an amount in excess of the
minimum wage established under this Section. This Section is a
denial and limitation of home rule powers and functions under
subsection (g) of Article VII of the Illinois Constitution.

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(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07;
95-945, eff. 1-1-09.)".