Bill Text: IL SB3821 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that the wages paid to committed persons shall not be less than the minimum hourly wage set forth in the Minimum Wage Law. Amends the Minimum Wage Law. Provides for increases in the minimum hourly wage through January 1, 2032. Provides that, on and after July 1, 2026, every employer shall pay to each of his or her employees who is under 18 years of age no less than the applicable minimum hourly wage. Provides that, on and after January 1, 2030, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum hourly wage. Provides that beginning on January 1, 2033, and on every January 1 thereafter, the minimum hourly wage from the previous year shall be increased in proportion to the increase in the consumer price index-u. Provides that the Department of Labor shall inquire into any alleged violations of the Act brought to its attention by an interested party. Sets forth the procedure for complaints brought by interested parties. Defines "interested party". Effective immediately.

Sponsorship: Partisan Bill (Democrat 5)

Status: (Introduced) 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB3821 Detail]

Download: Illinois-2025-SB3821-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB3821 Introduced 2/6/2026, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-9-2 from Ch. 38, par. 1003-9-2
730 ILCS 5/3-12-5 from Ch. 38, par. 1003-12-5
730 ILCS 5/3-13-5 from Ch. 38, par. 1003-13-5
820 ILCS 105/3 from Ch. 48, par. 1003
820 ILCS 105/4 from Ch. 48, par. 1004
820 ILCS 105/4b new
820 ILCS 105/7.5 new
Amends the he Unified Code of Corrections. Provides that the wages paid to committed persons shall not be less than the minimum hourly wage set forth in the Minimum Wage Law. Amends the Minimum Wage Law. Provides for increases in the minimum hourly wage through January 1, 2032. Provides that, on and after July 1, 2026, every employer shall pay to each of his or her employees who is under 18 years of age no less than the applicable minimum hourly wage. Provides that, on and after January 1, 2030, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum hourly wage. Provides that beginning on January 1, 2033, and on every January 1 thereafter, the minimum hourly wage from the previous year shall be increased in proportion to the increase in the consumer price index-u. Provides that the Department of Labor shall inquire into any alleged violations of this Act brought to its attention by an interested party. Sets forth the procedure for complaints brought by interested parties. Defines "interested party". Effective immediately.
LRB104 19735 SPS 33185 b
A BILL FOR
SB3821 LRB104 19735 SPS 33185 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 3-9-2, 3-12-5, and 3-13-5 as follows:
(730 ILCS 5/3-9-2) (from Ch. 38, par. 1003-9-2)
Sec. 3-9-2. Work Training Programs.
(a) The Department of Juvenile Justice, in conjunction
with the private sector, may establish and offer work training
to develop work habits and equip persons committed to it with
marketable skills to aid in their community placement upon
release. Committed persons participating in this program shall
be paid wages similar to those of comparable jobs in the
surrounding community. The wages paid under this Section shall
not be less than the minimum hourly wage set forth in Section 4
of the Minimum Wage Law. A portion of the wages earned shall go
to the Department of Juvenile Justice to pay part of the
committed person's room and board, a portion shall be
deposited into the Violent Crime Victim's Assistance Fund to
assist victims of crime, and the remainder shall be placed
into a savings account for the committed person which shall be
given to the committed person upon release. The Department
shall promulgate rules to regulate the distribution of the

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wages earned.
(b) The Department of Juvenile Justice may establish
programs of incentive by achievement, participation in which
shall be on a voluntary basis, to sell goods or services to the
public with the net earnings distributed to the program
participants subject to rules of the Department of Juvenile
Justice.
(c) For the purposes of this Section, "work" includes any
task assigned to a committed person for which a wage would have
been due, except for his or her status as a committed person.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-12-5) (from Ch. 38, par. 1003-12-5)
Sec. 3-12-5. Compensation. Persons performing a work
assignment under subsection (a) of Section 3-12-2 shall may
receive wages under rules and regulations of the Department.
In determining rates of compensation, the Department shall
consider the effort, skill and economic value of the work
performed. The compensation paid under this Section shall not
be less than the minimum hourly wage set forth in Section 4 of
the Minimum Wage Law. Compensation shall may be given to
persons who participate in other programs of the Department.
If the committed person files a lawsuit determined frivolous
under Article XXII of the Code of Civil Procedure, 50% of the
compensation shall be used to offset the filing fees and costs
of the lawsuit as provided in that Article until all fees and

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costs are paid in full. All other wages shall be deposited in
the individual's account under rules and regulations of the
Department. For the purposes of this Section, "work" includes
any task assigned to a committed person for which a wage would
have been due, except for his or her status as a committed
person.
(Source: P.A. 101-235, eff. 1-1-20.)
(730 ILCS 5/3-13-5) (from Ch. 38, par. 1003-13-5)
Sec. 3-13-5. Wages and Working Conditions.
A person on work release shall not be required to work for
less than the prevailing wage or under worse than prevailing
working conditions in the area. The wages paid under this
Section shall not be less than the minimum hourly wage set
forth in Section 4 of the Minimum Wage Law. The Department
shall charge businesses reasonable hourly rates for meals and
the housing of committed persons on work release, if
applicable. For the purposes of this Section, "work" includes
any task assigned to a committed person for which a wage would
have been due, except for his or her status as a committed
person.
(Source: P.A. 77-2097.)
Section 10. The Minimum Wage Law is amended by changing
Sections 3 and 4 and by adding Sections 4b and 7.5 as follows:

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(820 ILCS 105/3) (from Ch. 48, par. 1003)
Sec. 3. As used in this Act:
(a) "Director" means the Director of the Department of
Labor, and "Department" means the Department of Labor.
(b) "Wages" means compensation due to an employee by
reason of his employment, including allowances determined by
the Director in accordance with the provisions of this Act for
gratuities and, when furnished by the employer, for meals and
lodging actually used by the employee.
(c) "Employer" includes any individual, partnership,
association, corporation, limited liability company, business
trust, governmental or quasi-governmental body, or any person
or group of persons acting directly or indirectly in the
interest of an employer in relation to an employee, for which
one or more persons are gainfully employed on some day within a
calendar year. An employer is subject to this Act in a calendar
year on and after the first day in such calendar year in which
he employs one or more persons, and for the following calendar
year.
(d) "Employee" includes any individual permitted to work
by an employer in an occupation, and includes, notwithstanding
subdivision (1) of this subsection (d), one or more domestic
workers as defined in Section 10 of the Domestic Workers' Bill
of Rights Act, but does not include any individual permitted
to work:
(1) For an employer employing fewer than 4 employees

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exclusive of the employer's parent, spouse or child or
other members of his immediate family.
(2) As an employee employed in agriculture or
aquaculture (A) if such employee is employed by an
employer who did not, during any calendar quarter during
the preceding calendar year, use more than 500 man-days of
agricultural or aquacultural labor, (B) if such employee
is the parent, spouse or child, or other member of the
employer's immediate family, (C) if such employee (i) is
employed as a hand harvest laborer and is paid on a piece
rate basis in an operation which has been, and is
customarily and generally recognized as having been, paid
on a piece rate basis in the region of employment, (ii)
commutes daily from his permanent residence to the farm on
which he is so employed, and (iii) has been employed in
agriculture less than 13 weeks during the preceding
calendar year, (D) if such employee (other than an
employee described in clause (C) of this subparagraph):
(i) is 16 years of age or under and is employed as a hand
harvest laborer, is paid on a piece rate basis in an
operation which has been, and is customarily and generally
recognized as having been, paid on a piece rate basis in
the region of employment, (ii) is employed on the same
farm as his parent or person standing in the place of his
parent, and (iii) is paid at the same piece rate as
employees over 16 are paid on the same farm.

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(3) (Blank).
(4) As an outside salesman.
(5) As a member of a religious corporation or
organization.
(6) At an accredited Illinois college or university
employed by the college or university at which he is a
student who is covered under the provisions of the Fair
Labor Standards Act of 1938, as heretofore or hereafter
amended.
(7) For a motor carrier and with respect to whom the
U.S. Secretary of Transportation has the power to
establish qualifications and maximum hours of service
under the provisions of Title 49 U.S.C. or the State of
Illinois under Section 18b-105 (Title 92 of the Illinois
Administrative Code, Part 395 - Hours of Service of
Drivers) of the Illinois Vehicle Code.
(8) As an employee employed as a player who is 28 years
old or younger, a manager, a coach, or an athletic trainer
by a minor league professional baseball team not
affiliated with a major league baseball club, if (A) the
minor league professional baseball team does not operate
for more than 7 months in any calendar year or (B) during
the preceding calendar year, the minor league professional
baseball team's average receipts for any 6-month period of
the year were not more than 33 1/3% of its average receipts
for the other 6 months of the year.

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The above exclusions from the term "employee" may be
further defined by regulations of the Director.
(e) "Occupation" means an industry, trade, business or
class of work in which employees are gainfully employed.
(f) "Gratuities" means voluntary monetary contributions to
an employee from a guest, patron or customer in connection
with services rendered.
(g) "Outside salesman" means an employee regularly engaged
in making sales or obtaining orders or contracts for services
where a major portion of such duties are performed away from
his employer's place of business.
(h) "Day camp" means a seasonal recreation program in
operation for no more than 16 weeks intermittently throughout
the calendar year, accommodating for profit or under
philanthropic or charitable auspices, 5 or more children under
18 years of age, not including overnight programs. The term
"day camp" does not include a "day care agency", "child care
facility" or "foster family home" as licensed by the Illinois
Department of Children and Family Services.
(i) "Interested party" means an organization that monitors
or is attentive to compliance with public or worker safety
laws, wage and hour requirements, or other statutory
requirements.
(Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)
(820 ILCS 105/4) (from Ch. 48, par. 1004)

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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
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

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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 July 1, 2010 through
December 31, 2019 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 from
January 1, 2020 through June 30, 2020, 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 $9.25 per
hour, and from July 1, 2020 through December 31, 2020 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 $10 per hour, and from January 1, 2021 through December
31, 2021 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 $11 per hour, and from January 1, 2022
through December 31, 2022 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 $12 per hour, and from
January 1, 2023 through December 31, 2023 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 $13 per hour,
and from January 1, 2024 through December 31, 2024, every

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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 $14 per hour; and from on and after January 1, 2025
through June 30, 2026, 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 $15 per hour; and from July
1, 2026 through December 31, 2027, every employer shall pay to
each of his or her employees in every occupation wages of not
less than $17 per hour; and from January 1, 2028 through
December 31, 2028, every employer shall pay to each of his or
her employees in every occupation wages of not less than $19
per hour; and from January 1, 2029 through December 31, 2029,
every employer shall pay to each of his or her employees in
every occupation wages of not less than $21 per hour; and from
January 1, 2030 through December 31, 2030, every employer
shall pay to each of his or her employees in every occupation
wages of not less than $23 per hour; and from January 1, 2031
through December 31, 2031, every employer shall pay each of
his or her employees in every occupation wages of not less than
$25 per hour; and on and after January 1, 2032, every employer
shall pay to each of his or her employees in every occupation
wages of not less than $27 per hour, except as provided in
Section 4b.
(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

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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
not more than 90 days to complete.
(3) At no time on or before December 31, 2019 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 under item (1) of this subsection (a).
Beginning on January 1, 2020, every employer shall pay to each
of his or her employees who is under 18 years of age that has
worked more than 650 hours for the employer during any
calendar year a wage not less than the wage required for
employees who are 18 years of age or older under paragraph (1)
of subsection (a) of Section 4 of this Act. Every employer
shall pay to each of his or her employees who is under 18 years
of age that has not worked more than 650 hours for the employer
during any calendar year: (1) $8 per hour from January 1, 2020
through December 31, 2020; (2) $8.50 per hour from January 1,

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2021 through December 31, 2021; (3) $9.25 per hour from
January 1, 2022 through December 31, 2022; (4) $10.50 per hour
from January 1, 2023 through December 31, 2023; (5) $12 per
hour from January 1, 2024 through December 31, 2024; and (6)
$13 per hour from on and after January 1, 2025 through June 30,
2026; and (7) on and after July 1, 2026, every employer shall
pay to each of his or her employees who is under 18 years of
age no less than the minimum hourly wage set forth in
subsection (a) of Section 4, regardless of an employee's age
or the number of hours worked.
(b) No employer shall discriminate between employees on
the basis of sex or mental or physical disability, 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 disability, 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

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purposes is entitled to an allowance for gratuities as part of
the hourly wage rate provided in Section 4, subsection (a) in
an amount that follows: not to exceed 40% of the applicable
minimum wage rate through June 30, 2026; not to exceed 30% of
the applicable minimum wage rate from July 1, 2026 through
December 31, 2027; not to exceed 20% of the applicable minimum
wage rate from January 1, 2028 through December 31, 2028; and
not to exceed 10% of the applicable minimum wage rate from
January 1, 2029 through December 31, 2029. On and after
January 1, 2030, an employer shall not be entitled to an
allowance for gratuities and shall pay each employee no less
than the applicable minimum wage rate provided in subsection
(a) of Section 4. The Director shall require each employer
desiring an allowance for gratuities to provide substantial
evidence that 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

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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.
(Source: P.A. 101-1, eff. 2-19-19.)
(820 ILCS 105/4b new)
Sec. 4b. Consumer price index-u adjustments.
(a) Notwithstanding the provisions of subsection (b),
beginning on January 1, 2033, and on every January 1
thereafter, the minimum hourly wage from the previous year
shall be increased in proportion to the increase, if any, in
the consumer price index-u. If the consumer price index-u
increases by more than 2.5% in any year, the minimum hourly
wage shall not be increased by more than 2.5%. Any increase to
the minimum hourly wage made in accordance with this
subsection shall be rounded up to the nearest multiple of
$0.05. The new amount resulting from each annual adjustment
shall be determined by the Department of Labor and made
available to the public by the Department of Labor's website.

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For the purposes of this subsection, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the
average change in prices of goods and services purchased by
all urban consumers, United States city average, all items,
1982-84 = 100.
(b) If the unemployment rate in this State for the
preceding year, as calculated by the Department of Employment
Security, is equal to or greater than 8.5%, the minimum hourly
wage shall not be increased.
(820 ILCS 105/7.5 new)
Sec. 7.5. Powers of the Department and civil penalties.
(a) The Department shall inquire into any alleged
violations of this Act, brought to its attention by an
interested party, to institute the actions for the penalties
provided in this Section and to enforce the provisions of this
Act. In addition to the relief set forth in this Act, an
employer shall be assessed a civil penalty of $1,000 for each
violation of this Act, payable to the Department. Each
employee who is subject to a violation of this Act shall
constitute a separate violation.
(b) Upon a reasonable belief that an employer covered by
this Act is in violation of any part of this Act, an interested
party may assert that a violation of this Act has occurred and
bring an action for penalties in the county where the

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violation is alleged to have occurred or where the principal
office of the employer is located, pursuant to the following
sequence of events:
(1) The interested party submits to the Department a
complaint describing the violation and naming the employer
alleged to have violated this Act.
(2) The Department sends notice of complaint to the
named party alleged to have violated this Act and the
interested party. The named party may either contest the
alleged violation or cure the alleged violation.
(3) The named party contests or cures the alleged
violation within 30 days after the receipt of the notice
of complaint or, if the named party does not respond
within 30 days, the Department issues a notice of right to
sue to the interested party as described in this Act.
(4) The Department issues a notice of right to sue to
the interested party, if one or more of the following has
occurred:
(A) the named party has cured the alleged
violation to the satisfaction of the Director;
(B) the Director has determined that the
allegation is unjustified or that the Department does
not have jurisdiction over the matter or the parties;
or
(C) the Director has determined that the
allegation is justified or has not made a

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determination, and either has decided not to exercise
jurisdiction over the matter or has concluded
administrative enforcement of the matter.
(c) If, within 180 days after service of the notice of
complaint to the parties, the Department has not (i) resolved
the contest and cure period, (ii) with the mutual agreement of
the parties, extended the time for the named party to cure the
violation and resolve the complaint, or (iii) issued a right
to sue letter, the interested party may initiate a civil
action for penalties. The parties may extend the 180-day
period by mutual agreement. The limitations period for the
interested party to bring an action for the alleged violation
of this Act shall be tolled for the 180-day period and for the
period of any mutually agreed extensions. At the end of the
180-day period, or any mutually agreed extensions, the
Department shall issue a right to sue letter to the interested
party.
(d) Any claim or action filed under this Section must be
made within 3 years after the alleged conduct resulting in the
complaint plus any period for which the limitations period has
been tolled.
(e) In an action brought under this Section, an interested
party may recover against the employer any statutory penalties
set forth in subsection (a) and injunctive relief. An
interested party who prevails in a civil action shall receive
10% of any statutory penalties assessed, plus any attorney's

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fees and expenses in bringing the action.
(f) Nothing in this Section shall be construed to prevent
an employee from bringing a civil action for the employee's
own claim for a violation of this Act as described in this Act.
Section 99. Effective date. This Act takes effect upon
becoming law.