Illinois General Assembly - Full Text of HB2817
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Full Text of HB2817  102nd General Assembly

HB2817 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2817

 

Introduced 2/19/2021, by Rep. Brad Halbrook

 

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

    Amends the Minimum Wage Law. Provides that unless an employer is officially recognized by the United States Internal Revenue Service as a tax-exempt organization under a specified Section of the Internal Revenue Code of 1986, then the employer shall, at a minimum, pay at a rate of $8.25 per hour.


LRB102 14721 JLS 20074 b

 

 

A BILL FOR

 

HB2817LRB102 14721 JLS 20074 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
13occupation wages of not less than $2.65 per hour or in the case
14of employees 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

 

 

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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 July 1, 2010 through
16December 31, 2019 every employer shall pay to each of his or
17her employees who is 18 years of age or older in every
18occupation wages of not less than $8.25 per hour, and from
19January 1, 2020 through June 30, 2020, every employer shall
20pay to each of his or her employees who is 18 years of age or
21older in every occupation wages of not less than $9.25 per
22hour, and from July 1, 2020 through December 31, 2020 every
23employer shall pay to each of his or her employees who is 18
24years of age or older in every occupation wages of not less
25than $10 per hour, and from January 1, 2021 through December
2631, 2021 every employer shall pay to each of his or her

 

 

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1employees who is 18 years of age or older in every occupation
2wages of not less than $11 per hour, and from January 1, 2022
3through December 31, 2022 every employer shall pay to each of
4his or her employees who is 18 years of age or older in every
5occupation wages of not less than $12 per hour, and from
6January 1, 2023 through December 31, 2023 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 $13 per hour,
9and from January 1, 2024 through December 31, 2024, 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 $14 per hour; and on and after January 1, 2025, every
13employer shall pay to each of his or her employees who is 18
14years of age or older in every occupation wages of not less
15than $15 per hour.
16    (2) Unless an employee's wages are reduced under Section
176, then in lieu of the rate prescribed in item (1) of this
18subsection (a), an employer may pay an employee who is 18 years
19of age or older, during the first 90 consecutive calendar days
20after the employee is initially employed by the employer, a
21wage that is not more than 50˘ less than the wage prescribed in
22item (1) of this subsection (a); however, an employer shall
23pay not less than the rate prescribed in item (1) of this
24subsection (a) to:
25        (A) a day or temporary laborer, as defined in Section
26    5 of the Day and Temporary Labor Services Act, who is 18

 

 

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1    years of age or older; and
2        (B) an employee who is 18 years of age or older and
3    whose employment is occasional or irregular and requires
4    not more than 90 days to complete.
5    (2.5) Unless an employer is officially recognized by the
6United States Internal Revenue Service as a tax-exempt
7organization described in Section 501(c)(3) of the Internal
8Revenue Code of 1986, then the employer shall, at a minimum,
9pay at a rate of $8.25 per hour.
10    (3) At no time on or before December 31, 2019 shall the
11wages paid to any employee under 18 years of age be more than
1250˘ less than the wage required to be paid to employees who are
13at least 18 years of age under item (1) of this subsection (a).
14Beginning on January 1, 2020, every employer shall pay to each
15of his or her employees who is under 18 years of age that has
16worked more than 650 hours for the employer during any
17calendar year a wage not less than the wage required for
18employees who are 18 years of age or older under paragraph (1)
19of subsection (a) of Section 4 of this Act. Every employer
20shall pay to each of his or her employees who is under 18 years
21of age that has not worked more than 650 hours for the employer
22during any calendar year: (1) $8 per hour from January 1, 2020
23through December 31, 2020; (2) $8.50 per hour from January 1,
242021 through December 31, 2021; (3) $9.25 per hour from
25January 1, 2022 through December 31, 2022; (4) $10.50 per hour
26from January 1, 2023 through December 31, 2023; (5) $12 per

 

 

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1hour from January 1, 2024 through December 31, 2024; and (6)
2$13 per hour on and after January 1, 2025.
3    (b) No employer shall discriminate between employees on
4the basis of sex or mental or physical disability, except as
5otherwise provided in this Act by paying wages to employees at
6a rate less than the rate at which he pays wages to employees
7for the same or substantially similar work on jobs the
8performance of which requires equal skill, effort, and
9responsibility, and which are performed under similar working
10conditions, except where such payment is made pursuant to (1)
11a seniority system; (2) a merit system; (3) a system which
12measures earnings by quantity or quality of production; or (4)
13a differential based on any other factor other than sex or
14mental or physical disability, except as otherwise provided in
15this Act.
16    (c) Every employer of an employee engaged in an occupation
17in which gratuities have customarily and usually constituted
18and have been recognized as part of the remuneration for hire
19purposes is entitled to an allowance for gratuities as part of
20the hourly wage rate provided in Section 4, subsection (a) in
21an amount not to exceed 40% of the applicable minimum wage
22rate. The Director shall require each employer desiring an
23allowance for gratuities to provide substantial evidence that
24the amount claimed, which may not exceed 40% of the applicable
25minimum wage rate, was received by the employee in the period
26for which the claim of exemption is made, and no part thereof

 

 

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1was returned to the employer.
2    (d) No camp counselor who resides on the premises of a
3seasonal camp of an organized not-for-profit corporation shall
4be subject to the adult minimum wage if the camp counselor (1)
5works 40 or more hours per week, and (2) receives a total
6weekly salary of not less than the adult minimum wage for a
740-hour week. If the counselor works less than 40 hours per
8week, the counselor shall be paid the minimum hourly wage for
9each hour worked. Every employer of a camp counselor under
10this subsection is entitled to an allowance for meals and
11lodging as part of the hourly wage rate provided in Section 4,
12subsection (a), in an amount not to exceed 25% of the minimum
13wage rate.
14    (e) A camp counselor employed at a day camp is not subject
15to the adult minimum wage if the camp counselor is paid a
16stipend on a onetime or periodic basis and, if the camp
17counselor is a minor, the minor's parent, guardian or other
18custodian has consented in writing to the terms of payment
19before the commencement of such employment.
20(Source: P.A. 101-1, eff. 2-19-19.)