Sen. William Delgado

Filed: 1/7/2007

 

 


 

 


 
09400HB3752sam001 LRB094 10273 WGH 60765 a

1
AMENDMENT TO HOUSE BILL 3752

2     AMENDMENT NO. ______. Amend House Bill 3752 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. If and only if Senate Bill 1268 of the 94th
5 General Assembly becomes law as that bill was amended by House
6 Amendment No. 3, the Minimum Wage Law is amended by changing
7 Section 4 as follows:
 
8     (820 ILCS 105/4)  (from Ch. 48, par. 1004)
9     Sec. 4. (a)(1) Every employer shall pay to each of his
10 employees in every occupation wages of not less than $2.30 per
11 hour or in the case of employees under 18 years of age wages of
12 not less than $1.95 per hour, except as provided in Sections 5
13 and 6 of this Act, and on and after January 1, 1984, every
14 employer shall pay to each of his employees in every occupation
15 wages of not less than $2.65 per hour or in the case of
16 employees under 18 years of age wages of not less than $2.25
17 per hour, and on and after October 1, 1984 every employer shall
18 pay to each of his employees in every occupation wages of not
19 less than $3.00 per hour or in the case of employees under 18
20 years of age wages of not less than $2.55 per hour, and on or
21 after July 1, 1985 every employer shall pay to each of his
22 employees in every occupation wages of not less than $3.35 per
23 hour or in the case of employees under 18 years of age wages of
24 not less than $2.85 per hour, and from January 1, 2004 through

 

 

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1 December 31, 2004 every employer shall pay to each of his or
2 her employees who is 18 years of age or older in every
3 occupation wages of not less than $5.50 per hour, and from
4 January 1, 2005 through June 30, 2007 every employer shall pay
5 to each of his or her employees who is 18 years of age or older
6 in every occupation wages of not less than $6.50 per hour, and
7 from July 1, 2007 through June 30, 2008 every employer shall
8 pay to each of his or her employees who is 18 years of age or
9 older in every occupation wages of not less than $7.50 per
10 hour, and from July 1, 2008 through June 30, 2009 every
11 employer shall pay to each of his or her employees who is 18
12 years of age or older in every occupation wages of not less
13 than $7.75 per hour, and from July 1, 2009 through June 30,
14 2010 every employer shall pay to each of his or her employees
15 who is 18 years of age or older in every occupation wages of
16 not less than $8.00 per hour, and on and after July 1, 2010
17 every employer shall pay to each of his or her employees who is
18 18 years of age or older in every occupation wages of not less
19 than $8.25 per hour.
20     (2) Unless an employee's wages are reduced under Section 6,
21 then in lieu of the rate prescribed in item (1) of this
22 subsection (a), an employer may pay an employee who is 18 years
23 of age or older, during the first 90 consecutive calendar days
24 after the employee is initially employed by the employer, a
25 wage that is not more than 50 less than the wage prescribed in
26 item (1) of this subsection (a); however, an employer shall pay
27 not less than the rate prescribed in item (1) of this
28 subsection (a) to:
29         (A) a day or temporary laborer, as defined in Section 5
30     of the Day and Temporary Labor Services Act, who is 18
31     years of age or older; and
32         (B) an employee who is 18 years of age or older and
33     whose employment is occasional or irregular and requires
34     not more than 90 days to complete.

 

 

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1     (3) At no time shall the wages paid to any employee under
2 18 years of age be more than 50 less than the wage required to
3 be paid to employees who are at least 18 years of age under
4 item (1) of this subsection (a).
5     (b) No employer shall discriminate between employees on the
6 basis of sex or mental or physical handicap, except as
7 otherwise provided in this Act by paying wages to employees at
8 a rate less than the rate at which he pays wages to employees
9 for the same or substantially similar work on jobs the
10 performance of which requires equal skill, effort, and
11 responsibility, and which are performed under similar working
12 conditions, except where such payment is made pursuant to (1) a
13 seniority system; (2) a merit system; (3) a system which
14 measures earnings by quantity or quality of production; or (4)
15 a differential based on any other factor other than sex or
16 mental or physical handicap, except as otherwise provided in
17 this Act.
18     (c) Every employer of an employee engaged in an occupation
19 in which gratuities have customarily and usually constituted
20 and have been recognized as part of the remuneration for hire
21 purposes is entitled to an allowance for gratuities as part of
22 the hourly wage rate provided in Section 4, subsection (a) in
23 an amount not to exceed 40% of the applicable minimum wage
24 rate. The Director shall require each employer desiring an
25 allowance for gratuities to provide substantial evidence that
26 the amount claimed, which may not exceed 40% of the applicable
27 minimum wage rate, was received by the employee in the period
28 for which the claim of exemption is made, and no part thereof
29 was returned to the employer.
30     (d) No camp counselor who resides on the premises of a
31 seasonal camp of an organized not-for-profit corporation shall
32 be subject to the adult minimum wage if the camp counselor (1)
33 works 40 or more hours per week, and (2) receives a total
34 weekly salary of not less than the adult minimum wage for a

 

 

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1 40-hour week. If the counselor works less than 40 hours per
2 week, the counselor shall be paid the minimum hourly wage for
3 each hour worked. Every employer of a camp counselor under this
4 subsection is entitled to an allowance for meals and lodging as
5 part of the hourly wage rate provided in Section 4, subsection
6 (a), in an amount not to exceed 25% of the minimum wage rate.
7     (e) A camp counselor employed at a day camp of an organized
8 not-for-profit corporation is not subject to the adult minimum
9 wage if the camp counselor is paid a stipend on a onetime or
10 periodic basis and, if the camp counselor is a minor, the
11 minor's parent, guardian or other custodian has consented in
12 writing to the terms of payment before the commencement of such
13 employment.
14 (Source: P.A. 93-581, eff. 1-1-04; 94SB1268ham003.)
 
15     Section 99. Effective date. This Act takes effect July 1,
16 2007.".