Illinois General Assembly - Full Text of HB3677
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Full Text of HB3677  102nd General Assembly

HB3677 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3677

 

Introduced 2/22/2021, by Rep. Dan Caulkins

 

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

    Amends the Minimum Wage Law. Delays the implementation of annual minimum wage increases in counties with a population of less than 1,000,000 inhabitants. Provides that in those counties the minimum wage will be $11 per hour until December 31, 2024. Provides for annual increase of $1 per hour in the minimum wage in those counties culminating in a minimum wage of $15 per hour beginning in January 2028.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3677LRB102 12489 JLS 17826 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

 

 

HB3677- 3 -LRB102 12489 JLS 17826 b

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 in counties with a population
4of 1,000,000 or more inhabitants employer shall pay to each of
5his or her employees who is 18 years of age or older in every
6occupation wages of not less than $12 per hour, and from
7January 1, 2023 through December 31, 2023 in counties with a
8population of 1,000,000 or more inhabitants every employer
9shall pay to each of his or her employees who is 18 years of
10age or older in every occupation wages of not less than $13 per
11hour, and from January 1, 2024 through December 31, 2024,
12every employer in counties with a population of 1,000,000 or
13more inhabitants shall pay to each of his or her employees who
14is 18 years of age or older in every occupation wages of not
15less than $14 per hour; and on and after January 1, 2025, every
16employer in counties with a population of 1,000,000 or more
17inhabitants shall pay to each of his or her employees who is 18
18years of age or older in every occupation wages of not less
19than $15 per hour. From January 1, 2022 through December 31,
202024, every employer in counties with a population of less
21than 1,000,000 inhabitants shall pay to each of his or her
22employees who is 18 years of age or older in every occupation
23wages of not less than $11 per hour, and from January 1, 2025
24through December 31, 2025, every employer in counties with a
25population of less than 1,000,000 inhabitants shall pay to
26each of his or her employees who is 18 years of age or older in

 

 

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1every occupation wages of not less than $12 per hour, and from
2January 1, 2026 through December 31, 2026, every employer in
3counties with a population of less than 1,000,000 inhabitants
4shall pay to each of his or her employees who is 18 years of
5age or older in every occupation wages of not less than $13 per
6hour, and from January 1, 2027 through December 31, 2027,
7every employer in counties with a population of less than
81,000,000 inhabitants shall pay to each of his or her
9employees who is 18 years of age or older in every occupation
10wages of not less than $14 per hour, and on or after January 1,
112028, every employer in counties with a population of less
12than 1,000,000 inhabitants shall pay to each of his or her
13employees who is 18 years of age or older in every occupation
14wages of not less than $15 per hour.
15    (2) Unless an employee's wages are reduced under Section
166, then in lieu of the rate prescribed in item (1) of this
17subsection (a), an employer may pay an employee who is 18 years
18of age or older, during the first 90 consecutive calendar days
19after the employee is initially employed by the employer, a
20wage that is not more than 50˘ less than the wage prescribed in
21item (1) of this subsection (a); however, an employer shall
22pay not less than the rate prescribed in item (1) of this
23subsection (a) to:
24        (A) a day or temporary laborer, as defined in Section
25    5 of the Day and Temporary Labor Services Act, who is 18
26    years of age or older; and

 

 

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1        (B) an employee who is 18 years of age or older and
2    whose employment is occasional or irregular and requires
3    not more than 90 days to complete.
4    (3) At no time on or before December 31, 2019 shall the
5wages paid to any employee under 18 years of age be more than
650˘ less than the wage required to be paid to employees who are
7at least 18 years of age under item (1) of this subsection (a).
8Beginning on January 1, 2020, every employer shall pay to each
9of his or her employees who is under 18 years of age that has
10worked more than 650 hours for the employer during any
11calendar year a wage not less than the wage required for
12employees who are 18 years of age or older under paragraph (1)
13of subsection (a) of Section 4 of this Act. Every employer
14shall pay to each of his or her employees who is under 18 years
15of age that has not worked more than 650 hours for the employer
16during any calendar year: (1) $8 per hour from January 1, 2020
17through December 31, 2020; (2) $8.50 per hour from January 1,
182021 through December 31, 2021; (3) $9.25 per hour from
19January 1, 2022 through December 31, 2022; (4) $10.50 per hour
20from January 1, 2023 through December 31, 2023; (5) $12 per
21hour from January 1, 2024 through December 31, 2024; and (6)
22$13 per hour on and after January 1, 2025.
23    (b) No employer shall discriminate between employees on
24the basis of sex or mental or physical disability, except as
25otherwise provided in this Act by paying wages to employees at
26a rate less than the rate at which he pays wages to employees

 

 

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

 

 

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140-hour week. If the counselor works less than 40 hours per
2week, the counselor shall be paid the minimum hourly wage for
3each hour worked. Every employer of a camp counselor under
4this subsection is entitled to an allowance for meals and
5lodging as part of the hourly wage rate provided in Section 4,
6subsection (a), in an amount not to exceed 25% of the minimum
7wage rate.
8    (e) A camp counselor employed at a day camp is not subject
9to the adult minimum wage if the camp counselor is paid a
10stipend on a onetime or periodic basis and, if the camp
11counselor is a minor, the minor's parent, guardian or other
12custodian has consented in writing to the terms of payment
13before the commencement of such employment.
14(Source: P.A. 101-1, eff. 2-19-19.)