HB5729 97TH GENERAL ASSEMBLY

LRB097 19011 JLS 64250 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5729

Introduced 2/16/2012, by Rep. Esther Golar

SYNOPSIS AS INTRODUCED:

820 ILCS 105/2	from Ch. 48, par. 1002
820 ILCS 105/5	from Ch. 48, par. 1005

Amends the Minimum Wage Law. Provides that a lower minimum wage for individuals whose earning capacity is impaired by age or by physical or mental deficiency or injury may not be less than 70% of the basic minimum wage. Provides that a special license issued by the Director of Labor to provide for a lower minimum wage may be only for a period of 6 months unless granted for a longer period based upon a showing of good cause.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning wages.

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

Section 5. The Minimum Wage Law is amended by changing Sections 2 and 5 as follows:

(820 ILCS 105/2) (from Ch. 48, par. 1002)

Sec. 2. The General Assembly finds that the existence in industries, trades or business, or branches thereof, including offices, mercantile establishments and all other places of employment in the State of Illinois covered by this Act, of conditions detrimental to the maintenance of the minimum standard of living necessary for the health, efficiency and general well-being of workers, leads to labor disputes, and places burdens on the State, and all other subordinate political bodies thereof, to assist and supply necessary moneys and goods to workers and their families to aid them to exist on a minimum budget for their needs, and thus places an unnecessary burden on the taxpayers of this State. The General Assembly also finds that employees with disabilities, when provided the proper supported and customized services, training, and tools, can be as productive as non-disabled employees. Even those individuals who are severely disabled have been able to successfully obtain employment earning minimum wage or higher and have been found to be very loyal employees. Disability should in no way diminish the opportunity of citizens to be independent and economically self-sufficient. People with disabilities should enjoy a presumption that they can achieve integrated, non-segregated, employment. "Integrated employment" means work compensated at the greater of minimum or competitive wage with related employment benefits occurring in a typical work setting where the disabled employee has the opportunity to interact continuously with non-disabled co-workers and has the opportunity for advancement and upward mobility. Therefore, it is the policy of this Act to establish a minimum wage standard for workers at a level consistent with their health, efficiency and general well-being; to safeguard such minimum wage against the unfair competition of wage and hour standards which do not provide such adequate standards of living; and to sustain purchasing power and increase employment opportunities.

It is against public policy for an employer to pay to his employees an amount less than that fixed by this Act. Payment of any amount less than herein fixed is an unreasonable and oppressive wage, and less than sufficient to meet the minimum cost of living necessary for health. Any contract, agreement or understanding for or in relation to such unreasonable and oppressive wage for any employment covered by this Act is void.

(Source: P.A. 77-1451.)

(820 ILCS 105/5) (from Ch. 48, par. 1005)

Sec. 5. The Director may provide by regulation for the employment in any occupation of individuals whose earning capacity is impaired by age, or physical or mental deficiency or injury at such wages lower than the minimum wage rate provided in Section 4, subsection (a), as he may find appropriate to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the minimum wage rate of this Act, except that no person who maintains a production level within the limits required of other employees may be paid at less than the minimum wage. No employee shall be employed at wages fixed pursuant to this Section except under a special license issued under applicable regulations of the Director. A special license may not authorize a wage that is less than 70% of the minimum wage rate provided in item (1) of subsection (a) of Section 4 of this Act. A special license may not authorize payment of less than the minimum wage for more than 6 months unless the Director authorizes a longer period based upon a showing of good cause.

(Source: P.A. 77-1451.)