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HB4583 Enrolled |
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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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| Sections 3 and 4 as follows:
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| (820 ILCS 105/3) (from Ch. 48, par. 1003)
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| Sec. 3. As used in this Act:
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| (a) "Director" means the Director of the Department of |
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| Labor, and
"Department" means the Department of Labor.
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| (b) "Wages" means compensation due to an employee by reason |
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| of his
employment, including allowances determined by the |
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| Director in
accordance with the provisions of this Act for |
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| gratuities and, when
furnished by the employer, for meals and |
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| lodging actually used by the
employee.
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| (c) "Employer" includes any individual, partnership, |
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| association,
corporation, limited liability company, business |
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| trust, governmental or quasi-governmental body, or
any person |
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| or group of persons acting directly or indirectly in the
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| interest of an employer in relation to an employee, for which |
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| one or
more persons are gainfully employed on some day within a |
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| calendar year.
An employer is subject to this Act in a calendar |
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| year on and after the
first day in such calendar year in which |
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| he employs one or more persons,
and for the following calendar |
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LRB095 16440 WGH 42465 b |
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| year.
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| (d) "Employee" includes any individual permitted to work by |
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| an
employer in an occupation, but does not include any |
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| individual permitted
to work:
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| (1) For an employer employing fewer than 4 employees |
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| exclusive of
the employer's parent, spouse or child or |
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| other members of his immediate
family.
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| (2) As an employee employed in agriculture or |
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| aquaculture (A) if such
employee is
employed by an employer |
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| who did not, during any calendar quarter during
the |
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| preceding calendar year, use more than 500 man-days of |
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| agricultural
or aquacultural
labor, (B) if such employee is |
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| the parent, spouse or child, or other
member of the |
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| employer's immediate family, (C) if such employee (i) is
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| employed as a hand harvest laborer and is paid on a piece |
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| rate basis in
an operation which has been, and is |
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| customarily and generally recognized
as having been, paid |
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| on a piece rate basis in the region of employment,
(ii) |
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| commutes daily from his permanent residence to the farm on |
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| which he
is so employed, and (iii) has been employed in |
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| agriculture less than 13
weeks during the preceding |
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| calendar year, (D) if such employee (other
than an employee |
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| described in clause (C) of this subparagraph): (i) is
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| years of age or under and is employed as a hand harvest |
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| laborer, is paid
on a piece rate basis in an operation |
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| which has been, and is customarily
and generally recognized |
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LRB095 16440 WGH 42465 b |
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| as having been, paid on a piece rate basis in
the region of |
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| employment, (ii) is employed on the same farm as his
parent |
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| or person standing in the place of his parent, and (iii) is |
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| paid
at the same piece rate as employees over 16 are paid |
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| on the same farm.
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| (3) In domestic service in or about a private home.
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| (4) As an outside salesman.
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| (5) As a member of a religious corporation or |
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| organization.
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| (6) At an accredited Illinois college or university |
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| employed by the
college
or university at which he is a |
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| student who is covered under the provisions
of the Fair |
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| Labor Standards Act of 1938, as heretofore or hereafter
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| amended.
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| (7) For a motor carrier and with respect to whom the |
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| U.S. Secretary of
Transportation has the power to establish |
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| qualifications and maximum hours of
service under the |
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| provisions of Title 49 U.S.C. or the State of Illinois |
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| under
Section 18b-105 (Title 92 of the Illinois |
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| Administrative Code, Part 395 -
Hours of Service of |
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| Drivers) of the Illinois Vehicle
Code.
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| The above exclusions from the term "employee" may be |
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| further defined
by regulations of the Director.
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| (e) "Occupation" means an industry, trade, business or |
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| class of work
in which employees are gainfully employed.
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| (f) "Gratuities" means voluntary monetary contributions to |
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LRB095 16440 WGH 42465 b |
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| an
employee from a guest, patron or customer in connection with |
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| services
rendered.
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| (g) "Outside salesman" means an employee regularly engaged |
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| in making
sales or obtaining orders or contracts for services |
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| where a major
portion of such duties are performed away from |
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| his employer's place of
business.
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| (h) "Day camp" means a seasonal recreation program in |
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| operation for no more than 16 weeks intermittently throughout |
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| the calendar year, accommodating for profit or under |
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| philanthropic or charitable auspices, 5 or more children under |
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| 18 years of age, not including overnight programs. The term |
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| "day camp" does not include a "day care agency", "child care |
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| facility" or "foster family home" as licensed by the Illinois |
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| Department of Children and Family Services. |
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| (Source: P.A. 94-1025, eff. 7-14-06.)
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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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LRB095 16440 WGH 42465 b |
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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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HB4583 Enrolled |
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LRB095 16440 WGH 42465 b |
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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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LRB095 16440 WGH 42465 b |
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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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LRB095 16440 WGH 42465 b |
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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 .)
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