093_SB0600ham001

 










                                     LRB093 03347 WGH 17094 a

 1                    AMENDMENT TO SENATE BILL 600

 2        AMENDMENT NO.     .  Amend Senate Bill 600  by  replacing
 3    everything after the enacting clause with the following:

 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) Every employer shall  pay  to  each  of  his
 8    employees  in  every  occupation wages of not less than $2.30
 9    per hour or in the case of employees under 18  years  of  age
10    wages  of not less than $1.95 per hour, except as provided in
11    Sections 5 and 6 of this Act, and on  and  after  January  1,
12    1984,  every  employer  shall pay to each of his employees in
13    every occupation wages of not less than $2.65 per hour or  in
14    the case of employees under 18 years of age wages of not less
15    than  $2.25  per hour, and on and after October 1, 1984 every
16    employer  shall  pay  to  each  of  his  employees  in  every
17    occupation wages of not less than $3.00 per hour  or  in  the
18    case  of  employees  under  18 years of age wages of not less
19    than $2.55 per hour, and on  or  after  July  1,  1985  every
20    employer  shall  pay  to  each  of  his  employees  in  every
21    occupation  wages  of  not less than $3.35 per hour or in the
22    case of employees under 18 years of age  wages  of  not  less
 
                            -2-      LRB093 03347 WGH 17094 a
 1    than  $2.85  per  hour,  and  from  January  1,  2004 through
 2    December 31, 2004 every employer shall pay to each of his  or
 3    her  employees  who  is  18  years  of  age or older in every
 4    occupation wages of not less than $5.50 per hour, and on  and
 5    after January 1, 2005 every employer shall pay to each of his
 6    or  her  employees  who  is 18 years of age or older in every
 7    occupation wages of not less than $6.50 per hour.
 8        At no time shall the wages paid by every employer to each
 9    of his employees in every occupation be less than the federal
10    minimum hourly wage prescribed by Section 206(a)(1) of  Title
11    29  of the United States Code, and At no time shall the wages
12    paid to any employee under 18 years of age be more  than  50¢
13    less  than  the wage required to be paid to employees who are
14    at least 18 years of age.
15        (b)  No employer shall discriminate between employees  on
16    the  basis  of  sex or mental or physical handicap, except as
17    otherwise provided in this Act by paying wages  to  employees
18    at  a  rate  less  than  the  rate  at which he pays wages to
19    employees for the same or substantially similar work on  jobs
20    the  performance  of  which requires equal skill, effort, and
21    responsibility, and which are performed under similar working
22    conditions, except where such payment is made pursuant to (1)
23    a seniority system; (2) a merit system; (3)  a  system  which
24    measures  earnings  by  quantity or quality of production; or
25    (4) a differential based on any other factor other  than  sex
26    or  mental or physical handicap, except as otherwise provided
27    in this Act.
28        (c)  Every  employer  of  an  employee  engaged   in   an
29    occupation  in  which gratuities have customarily and usually
30    constituted  and  have  been  recognized  as  part   of   the
31    remuneration  for  hire  purposes is entitled to an allowance
32    for gratuities as part of the hourly wage  rate  provided  in
33    Section  4,  subsection (a) in an amount not to exceed 40% of
34    the applicable minimum wage rate. The Director shall  require
 
                            -3-      LRB093 03347 WGH 17094 a
 1    each employer desiring an allowance for gratuities to provide
 2    substantial  evidence  that the amount claimed, which may not
 3    exceed 40% of the applicable minimum wage rate, was  received
 4    by  the  employee  in  the  period  for  which  the  claim of
 5    exemption is made, and no part thereof was  returned  to  the
 6    employer.
 7        (d)  No  camp  counselor who resides on the premises of a
 8    seasonal camp  of  an  organized  not-for-profit  corporation
 9    shall  be  subject  to  the  adult  minimum  wage if the camp
10    counselor (1) works 40  or  more  hours  per  week,  and  (2)
11    receives  a  total  weekly  salary of not less than the adult
12    minimum wage for a 40-hour week.  If the counselor works less
13    than 40 hours per week,  the  counselor  shall  be  paid  the
14    minimum  hourly wage for each hour worked.  Every employer of
15    a camp counselor under this  subsection  is  entitled  to  an
16    allowance  for  meals  and lodging as part of the hourly wage
17    rate provided in Section 4, subsection (a), in an amount  not
18    to exceed 25% of the minimum wage rate.
19        (e)  A  camp  counselor  employed  at  a  day  camp of an
20    organized not-for-profit corporation is not  subject  to  the
21    adult minimum wage if the camp counselor is paid a stipend on
22    a  onetime  or periodic basis and, if the camp counselor is a
23    minor, the minor's parent, guardian or  other  custodian  has
24    consented  in  writing  to  the  terms  of payment before the
25    commencement of such employment.
26    (Source: P.A. 86-502.)

27        Section 99.  Effective date.  This Act  takes  effect  on
28    January 1, 2004.".