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Full Text of SB1738  100th General Assembly

SB1738 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1738

 

Introduced 2/9/2017, by Sen. Kimberly A. Lightford

 

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

    Amends the Minimum Wage Law. Increases the minimum wage from $8.25 to $9.50 beginning July 1, 2017 and increases it by $1.25 each July 1 of 2018 and 2019 and increases it by $1.50 each July 1 of 2020 and 2021, at which point the minimum wage will be $15.00. Provides that beginning July 1, 2022, the minimum wage shall be increased by 2.5% or the increase in the Consumer Price Index for all Urban Consumers, whichever is lower. Deletes the allowance for gratuities. Effective immediately.


LRB100 10843 JLS 21077 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB1738LRB100 10843 JLS 21077 b

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) Every employer shall pay to each of his
8employees in every occupation wages of not less than $2.30 per
9hour or in the case of employees under 18 years of age wages of
10not less than $1.95 per hour, except as provided in Sections 5
11and 6 of this Act, and on and after January 1, 1984, every
12employer shall pay to each of his employees in every occupation
13wages of not less than $2.65 per hour or in the case of
14employees under 18 years of age wages of not less than $2.25
15per hour, and on and after October 1, 1984 every employer shall
16pay to each of his employees in every occupation wages of not
17less than $3.00 per hour or in the case of employees under 18
18years of age wages of not less than $2.55 per hour, and on or
19after July 1, 1985 every employer shall pay to each of his
20employees in every occupation wages of not less than $3.35 per
21hour or in the case of employees under 18 years of age wages of
22not less than $2.85 per hour, and from January 1, 2004 through
23December 31, 2004 every employer shall pay to each of his or

 

 

SB1738- 2 -LRB100 10843 JLS 21077 b

1her employees who is 18 years of age or older in every
2occupation wages of not less than $5.50 per hour, and from
3January 1, 2005 through June 30, 2007 every employer shall pay
4to each of his or her employees who is 18 years of age or older
5in every occupation wages of not less than $6.50 per hour, and
6from July 1, 2007 through June 30, 2008 every employer shall
7pay to each of his or her employees who is 18 years of age or
8older in every occupation wages of not less than $7.50 per
9hour, and from July 1, 2008 through June 30, 2009 every
10employer shall pay to each of his or her employees who is 18
11years of age or older in every occupation wages of not less
12than $7.75 per hour, and from July 1, 2009 through June 30,
132010 every employer shall pay to each of his or her employees
14who is 18 years of age or older in every occupation wages of
15not less than $8.00 per hour, and from on and after July 1,
162010 through June 30, 2017 every employer shall pay to each of
17his or her employees who is 18 years of age or older in every
18occupation wages of not less than $8.25 per hour, and from July
191, 2017 through June 30, 2018 every employer shall pay to each
20of his or her employees who is 18 years of age or older in every
21occupation wages of not less than $9.50 per hour, and from July
221, 2018 through June 30, 2019 every employer shall pay to each
23of his or her employees who is 18 years of age or older in every
24occupation wages of not less than $10.75 per hour, and from
25July 1, 2019 through June 30, 2020 every employer shall pay to
26each of his or her employees who is 18 years of age or older in

 

 

SB1738- 3 -LRB100 10843 JLS 21077 b

1every occupation wages of not less than $12.00 per hour, and
2from July 1, 2020 through June 30, 2021 every employer shall
3pay to each of his or her employees who is 18 years of age or
4older in every occupation wages of not less than $13.50 per
5hour, and from July 1, 2021 and through June 30, 2022 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 $15.00 per hour.
9    Beginning on July 1, 2022 and on every July 1 thereafter,
10every employer shall pay to each of his or her employees who is
1118 years of age or older in every occupation wages no less than
12the amount of the previous year's minimum wage, plus an amount
13equal to the increase, if any, in the Consumer Price Index for
14All Urban Consumers most recently published by the Bureau of
15Labor Statistics of the United States Department of Labor, or
162.5%, whichever is lower. The increase shall be rounded up to
17the nearest multiple of $.05.
18    (2) Unless an employee's wages are reduced under Section 6,
19then in lieu of the rate prescribed in item (1) of this
20subsection (a), an employer may pay an employee who is 18 years
21of age or older, during the first 90 consecutive calendar days
22after the employee is initially employed by the employer, a
23wage that is not more than 50 less than the wage prescribed in
24item (1) of this subsection (a); however, an employer shall pay
25not less than the rate prescribed in item (1) of this
26subsection (a) to:

 

 

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1        (A) a day or temporary laborer, as defined in Section 5
2    of the Day and Temporary Labor Services Act, who is 18
3    years of age or older; and
4        (B) an employee who is 18 years of age or older and
5    whose employment is occasional or irregular and requires
6    not more than 90 days to complete.
7    (3) At no time shall the wages paid to any employee under
818 years of age be more than 50 less than the wage required to
9be paid to employees who are at least 18 years of age under
10item (1) of this subsection (a).
11    (b) No employer shall discriminate between employees on the
12basis of sex or mental or physical disability, except as
13otherwise provided in this Act by paying wages to employees at
14a rate less than the rate at which he pays wages to employees
15for the same or substantially similar work on jobs the
16performance of which requires equal skill, effort, and
17responsibility, and which are performed under similar working
18conditions, except where such payment is made pursuant to (1) a
19seniority system; (2) a merit system; (3) a system which
20measures earnings by quantity or quality of production; or (4)
21a differential based on any other factor other than sex or
22mental or physical disability, except as otherwise provided in
23this Act.
24    (c) (Blank). Every employer of an employee engaged in an
25occupation in which gratuities have customarily and usually
26constituted and have been recognized as part of the

 

 

SB1738- 5 -LRB100 10843 JLS 21077 b

1remuneration for hire purposes is entitled to an allowance for
2gratuities as part of the hourly wage rate provided in Section
34, subsection (a) in an amount not to exceed 40% of the
4applicable minimum wage rate. The Director shall require each
5employer desiring an allowance for gratuities to provide
6substantial evidence that the amount claimed, which may not
7exceed 40% of the applicable minimum wage rate, was received by
8the employee in the period for which the claim of exemption is
9made, and no part thereof was returned to the employer.
10    (d) No camp counselor who resides on the premises of a
11seasonal camp of an organized not-for-profit corporation shall
12be subject to the adult minimum wage if the camp counselor (1)
13works 40 or more hours per week, and (2) receives a total
14weekly salary of not less than the adult minimum wage for a
1540-hour week. If the counselor works less than 40 hours per
16week, the counselor shall be paid the minimum hourly wage for
17each hour worked. Every employer of a camp counselor under this
18subsection is entitled to an allowance for meals and lodging as
19part of the hourly wage rate provided in Section 4, subsection
20(a), in an amount not to exceed 25% of the minimum wage rate.
21    (e) A camp counselor employed at a day camp is not subject
22to the adult minimum wage if the camp counselor is paid a
23stipend on a onetime or periodic basis and, if the camp
24counselor is a minor, the minor's parent, guardian or other
25custodian has consented in writing to the terms of payment
26before the commencement of such employment.

 

 

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1(Source: P.A. 99-143, eff. 7-27-15.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.