95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4583


 
Introduced , by Rep. Kathleen A. Ryg
 
SYNOPSIS AS INTRODUCED:
 		














820 ILCS 105/4
  from Ch. 48, par. 1004







    Amends the Minimum Wage Law. In language providing that a day camp counselor is not subject to the adult minimum wage if specified requirements are met, deletes a phrase that limited the  scope of the language to day camps of organized
not-for-profit corporations.
















LRB095 16440 WGH 42465 b

















 


 


A BILL FOR









 











HB4583

LRB095 16440 WGH 42465 b






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    AN ACT concerning employment.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Minimum Wage Law is amended  by changing 
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Section 4 as follows:
 


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    (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 
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employees in every
occupation wages of not less than $2.30 per 
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hour or in the case of
employees under 18 years of age wages of 
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not less than $1.95 per hour,
except as provided in Sections 5 
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and 6 of this Act, and on and after
January 1, 1984, every 
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employer shall pay to each of his employees in every
occupation 
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wages of not less than $2.65 per hour or in the case of

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employees under 18 years of age wages of not less than $2.25 
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per hour, and
on and after October 1, 1984 every employer shall 
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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 
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years of age wages of not less than $2.55
per hour, and on or 
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after July 1, 1985 every employer shall pay to each of
his 
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employees in every occupation wages of not less than $3.35 per 
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hour or
in the case of employees under 18 years of age wages of 
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not less than $2.85
per hour,
and from January 1, 2004 through 
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December 31, 2004 every employer shall pay
to
each of his or 
 


 






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her employees who is 18 years of age or older in every

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occupation wages of not less than $5.50 per hour, and from
 
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January 1,
2005 through June 30, 2007 every employer shall pay 
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to each of his or her employees who is 18 years
of age or older 
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in every occupation wages of not less than $6.50 per hour, and 
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from July 1, 2007 through June 30, 2008 every employer shall 
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pay to each of his or her employees who is 18 years
of age or 
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older in every occupation wages of not less than $7.50 per 
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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 
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years
of age or older in every occupation wages of not less 
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than $7.75 per hour, and from July 1, 2009 through June 30, 
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2010  every employer shall pay to each of his or her employees 
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who is 18 years
of age or older in every occupation wages of 
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not less than $8.00 per hour, and on and after July 1, 2010 
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every employer shall pay to each of his or her employees who is 
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18 years of age or older in every occupation wages of not less 
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than $8.25 per hour.

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    (2) Unless an employee's wages are reduced under Section 6, 
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then in lieu of the rate prescribed in item (1) of this 
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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 
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after the employee is initially employed by the employer, a 
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wage that is not more than 50¢
less than the wage prescribed in 
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item (1) of this subsection (a); however, an employer shall pay 
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not less than the rate prescribed in item (1) of this 
 


 






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subsection (a) to:
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        (A) a day or temporary laborer, as defined in Section 5 
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    of the Day and Temporary Labor Services Act, who is 18 
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    years of age or older; and
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        (B)  an employee who is 18 years of age or older and 
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    whose employment is occasional or irregular and
 requires 
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    not more than 90 days to complete. 
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    (3) At no time
shall the wages paid to any employee under 
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18 years of age be more than 50¢
less than the wage required to 
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be paid to employees who are at least 18 years
of age under 
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item (1) of this subsection (a).

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    (b) No employer shall discriminate between employees on the 
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basis of sex
or mental or physical handicap, except as 
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otherwise provided in this Act by
paying wages to employees at 
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a rate less than the rate at which he pays
wages to employees 
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for the same or substantially
similar work on jobs the 
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performance of which requires equal skill, effort,
and 
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responsibility, and which are performed under similar working

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conditions, except where such payment is made pursuant to (1) a 
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seniority
system; (2) a merit system; (3) a system which 
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measures earnings by
quantity or quality of production; or (4) 
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a differential based on any other
factor other than sex or 
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mental or physical handicap, except as otherwise
provided in 
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this Act.

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    (c) Every employer of an employee engaged in an
occupation 
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in which gratuities have customarily and usually constituted 
 


 






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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 
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the hourly wage rate
provided in Section 4, subsection (a) in 
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an amount not to exceed 40% of the
applicable minimum wage 
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rate. The Director shall require each employer
desiring an 
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allowance for gratuities to provide substantial evidence that

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the amount claimed, which may not exceed 40% of the applicable 
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minimum wage
rate, was received by the employee in the period 
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for which the claim of
exemption is made, and no part thereof 
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was returned to the employer.

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    (d) No camp counselor who resides on the premises of a 
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seasonal camp of
an organized not-for-profit corporation shall 
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be subject to the adult minimum
wage if the camp counselor (1) 
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works 40 or more hours per week, and (2)
receives a total 
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weekly salary of not less than the adult minimum
wage for a 
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40-hour week.  If the counselor works less than 40 hours per

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week, the counselor shall be paid the minimum hourly wage for 
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each hour
worked.  Every employer of a camp counselor under this 
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subsection is entitled
to an allowance for meals and lodging as 
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part of the hourly wage rate provided
in Section 4, subsection 
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(a), in an amount not to exceed 25% of the
minimum wage rate.

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    (e) A camp counselor employed at a day camp of an organized

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not-for-profit corporation is not subject to the adult minimum 
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wage if the
camp counselor is paid a stipend on a onetime or 
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periodic basis and, if
the camp counselor is a minor, the 
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minor's parent, guardian or other
custodian has consented in 
 


 






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writing to the terms of payment before the
commencement of such 
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employment.

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(Source: P.A. 93-581, eff. 1-1-04; 94-1072, eff. 7-1-07; 
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94-1102, eff. 7-1-07.)