093_SB0165

 
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 1        AN ACT in relation to employment.

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

 4        Section 5.  The Minimum Wage Law is amended  by  changing
 5    Section 4 as follows:

 6        (820 ILCS 105/4) (from Ch. 48, par. 1004)
 7        Sec.  4.   (a)   Beginning  January  1,  2004,  and until
 8    January 1, 2005, every employer shall pay, to each of his  or
 9    her employees who has reached the age of 18 years, wages at a
10    rate of not less than $6.50 per hour.
11        Beginning on January 1, 2005, every employer shall pay to
12    each  of  his  or her employees who has reached the age of 18
13    years wages at a rate of not less than the amount established
14    under this subsection (a).
15        On September 30, 2004, and on  each  following  September
16    30th,  the  Department  of  Labor shall calculate an adjusted
17    minimum wage rate to maintain employee  purchasing  power  by
18    increasing  the  current year's minimum wage rate by the rate
19    of  inflation.  The  adjusted  minimum  wage  rate  shall  be
20    calculated to the nearest cent using the consumer price index
21    for urban wage earners and  clerical  workers,  CPI-W,  or  a
22    successor  index,  for  the 12 months prior to each September
23    1st as calculated by the United States Department  of  Labor.
24    Each   adjusted  minimum  wage  rate  calculated  under  this
25    subsection (a) takes effect on the following January 1st.
26        The Director of Labor shall by rule establish the minimum
27    wage for employees under the age of 18 years. Every  employer
28    shall  pay to each of his employees in every occupation wages
29    of not less than $2.30 per hour or in the case  of  employees
30    under  18 years of age wages of not less than $1.95 per hour,
31    except as provided in Sections 5 and 6 of this  Act,  and  on
 
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 1    and  after  January 1, 1984, every employer shall pay to each
 2    of his employees in every occupation wages of not  less  than
 3    $2.65  per hour or in the case of employees under 18 years of
 4    age wages of not less than $2.25 per hour, and on  and  after
 5    October  1,  1984  every  employer  shall  pay to each of his
 6    employees in every occupation wages of not  less  than  $3.00
 7    per  hour  or  in the case of employees under 18 years of age
 8    wages of not less than $2.55 per hour and on and  after  July
 9    1,  1985 every employer shall pay to each of his employees in
10    every occupation wages of not less than $3.35 per hour or  in
11    the case of employees under 18 years of age wages of not less
12    than $2.85 per hour.
13        At no time shall the wages paid by every employer to each
14    of his employees in every occupation be less than the federal
15    minimum  hourly wage prescribed by Section 206(a)(1) of Title
16    29 of the United States Code, and at no time shall the  wages
17    paid  to  any employee under 18 years of age be more than 50¢
18    less than the wage required to be paid to employees  who  are
19    at least 18 years of age.
20        (b)  No  employer shall discriminate between employees on
21    the basis of sex or mental or physical  handicap,  except  as
22    otherwise  provided  in this Act by paying wages to employees
23    at a rate less than the  rate  at  which  he  pays  wages  to
24    employees  for the same or substantially similar work on jobs
25    the performance of which requires equal  skill,  effort,  and
26    responsibility, and which are performed under similar working
27    conditions, except where such payment is made pursuant to (1)
28    a  seniority  system;  (2) a merit system; (3) a system which
29    measures earnings by quantity or quality  of  production;  or
30    (4)  a  differential based on any other factor other than sex
31    or mental or physical handicap, except as otherwise  provided
32    in this Act.
33        (c)  Every   employer   of  an  employee  engaged  in  an
34    occupation in which gratuities have customarily  and  usually
 
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 1    constituted   and   have  been  recognized  as  part  of  the
 2    remuneration for hire purposes is entitled  to  an  allowance
 3    for  gratuities  as  part of the hourly wage rate provided in
 4    Section 4, subsection (a) in an amount not to exceed  40%  of
 5    the  applicable minimum wage rate. The Director shall require
 6    each employer desiring an allowance for gratuities to provide
 7    substantial evidence that the amount claimed, which  may  not
 8    exceed  40% of the applicable minimum wage rate, was received
 9    by the  employee  in  the  period  for  which  the  claim  of
10    exemption  is  made,  and no part thereof was returned to the
11    employer.
12        (d)  No camp counselor who resides on the premises  of  a
13    seasonal  camp  of  an  organized  not-for-profit corporation
14    shall be subject to  the  adult  minimum  wage  if  the  camp
15    counselor  (1)  works  40  or  more  hours  per week, and (2)
16    receives a total weekly salary of not  less  than  the  adult
17    minimum wage for a 40-hour week.  If the counselor works less
18    than  40  hours  per  week,  the  counselor shall be paid the
19    minimum hourly wage for each hour worked.  Every employer  of
20    a  camp  counselor  under  this  subsection is entitled to an
21    allowance for meals and lodging as part of  the  hourly  wage
22    rate  provided in Section 4, subsection (a), in an amount not
23    to exceed 25% of the minimum wage rate.
24        (e)  A camp counselor  employed  at  a  day  camp  of  an
25    organized  not-for-profit  corporation  is not subject to the
26    adult minimum wage if the camp counselor is paid a stipend on
27    a onetime or periodic basis and, if the camp counselor  is  a
28    minor,  the  minor's  parent, guardian or other custodian has
29    consented in writing to  the  terms  of  payment  before  the
30    commencement of such employment.
31    (Source: P.A. 86-502.)