Full Text of HB3752 94th General Assembly
HB3752sam001 94TH GENERAL ASSEMBLY
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Sen. William Delgado
Filed: 1/7/2007
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09400HB3752sam001 |
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LRB094 10273 WGH 60765 a |
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| AMENDMENT TO HOUSE BILL 3752
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| AMENDMENT NO. ______. Amend House Bill 3752 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. If and only if Senate Bill 1268 of the 94th
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| General Assembly becomes law as that bill was amended by House | 6 |
| Amendment No. 3, the Minimum Wage Law is amended by changing | 7 |
| Section 4 as follows:
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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 | 10 |
| employees in every
occupation wages of not less than $2.30 per | 11 |
| hour or in the case of
employees under 18 years of age wages of | 12 |
| not less than $1.95 per hour,
except as provided in Sections 5 | 13 |
| and 6 of this Act, and on and after
January 1, 1984, every | 14 |
| employer shall pay to each of his employees in every
occupation | 15 |
| 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 | 17 |
| per hour, and
on and after October 1, 1984 every employer shall | 18 |
| pay to each of his
employees in every occupation wages of not | 19 |
| less than $3.00 per hour or in
the case of employees under 18 | 20 |
| years of age wages of not less than $2.55
per hour, and on or | 21 |
| after July 1, 1985 every employer shall pay to each of
his | 22 |
| employees in every occupation wages of not less than $3.35 per | 23 |
| hour or
in the case of employees under 18 years of age wages of | 24 |
| 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 | 2 |
| 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 | 5 |
| to each of his or her employees who is 18 years
of age or older | 6 |
| in every occupation wages of not less than $6.50 per hour, and | 7 |
| from July 1, 2007 through June 30, 2008 every employer shall | 8 |
| pay to each of his or her employees who is 18 years
of age or | 9 |
| older in every occupation wages of not less than $7.50 per | 10 |
| hour, and from July 1, 2008 through June 30, 2009 every | 11 |
| employer shall pay to each of his or her employees who is 18 | 12 |
| years
of age or older in every occupation wages of not less | 13 |
| than $7.75 per hour, and from July 1, 2009 through June 30, | 14 |
| 2010 every employer shall pay to each of his or her employees | 15 |
| who is 18 years
of age or older in every occupation wages of | 16 |
| not less than $8.00 per hour, and on and after July 1, 2010 | 17 |
| every employer shall pay to each of his or her employees who is | 18 |
| 18 years of age or older in every occupation wages of not less | 19 |
| than $8.25 per hour.
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| (2) Unless an employee's wages are reduced under Section 6, | 21 |
| then in lieu of the rate prescribed in item (1) of this | 22 |
| subsection (a), an employer may pay an employee who is 18 years | 23 |
| of age or older, during the first 90 consecutive calendar days | 24 |
| after the employee is initially employed by the employer, a | 25 |
| wage that is not more than 50˘
less than the wage prescribed in | 26 |
| item (1) of this subsection (a) ; however, an employer shall pay | 27 |
| not less than the rate prescribed in item (1) of this | 28 |
| subsection (a) to: | 29 |
| (A) a day or temporary laborer, as defined in Section 5 | 30 |
| of the Day and Temporary Labor Services Act, who is 18 | 31 |
| years of age or older; and | 32 |
| (B) an employee who is 18 years of age or older and | 33 |
| whose employment is occasional or irregular and
requires | 34 |
| not more than 90 days to complete . |
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| (3) At no time
shall the wages paid to any employee under | 2 |
| 18 years of age be more than 50˘
less than the wage required to | 3 |
| be paid to employees who are at least 18 years
of age under | 4 |
| item (1) of this subsection (a).
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| (b) No employer shall discriminate between employees on the | 6 |
| basis of sex
or mental or physical handicap, except as | 7 |
| otherwise provided in this Act by
paying wages to employees at | 8 |
| a rate less than the rate at which he pays
wages to employees | 9 |
| for the same or substantially
similar work on jobs the | 10 |
| performance of which requires equal skill, effort,
and | 11 |
| responsibility, and which are performed under similar working
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| conditions, except where such payment is made pursuant to (1) a | 13 |
| seniority
system; (2) a merit system; (3) a system which | 14 |
| measures earnings by
quantity or quality of production; or (4) | 15 |
| a differential based on any other
factor other than sex or | 16 |
| mental or physical handicap, except as otherwise
provided in | 17 |
| this Act.
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| (c) Every employer of an employee engaged in an
occupation | 19 |
| in which gratuities have customarily and usually constituted | 20 |
| and
have been recognized as part of the remuneration for hire | 21 |
| purposes is
entitled to an allowance for gratuities as part of | 22 |
| the hourly wage rate
provided in Section 4, subsection (a) in | 23 |
| an amount not to exceed 40% of the
applicable minimum wage | 24 |
| rate. The Director shall require each employer
desiring an | 25 |
| allowance for gratuities to provide substantial evidence that
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| the amount claimed, which may not exceed 40% of the applicable | 27 |
| minimum wage
rate, was received by the employee in the period | 28 |
| for which the claim of
exemption is made, and no part thereof | 29 |
| was returned to the employer.
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| (d) No camp counselor who resides on the premises of a | 31 |
| seasonal camp of
an organized not-for-profit corporation shall | 32 |
| be subject to the adult minimum
wage if the camp counselor (1) | 33 |
| works 40 or more hours per week, and (2)
receives a total | 34 |
| 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 | 3 |
| each hour
worked. Every employer of a camp counselor under this | 4 |
| subsection is entitled
to an allowance for meals and lodging as | 5 |
| part of the hourly wage rate provided
in Section 4, subsection | 6 |
| (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 | 9 |
| wage if the
camp counselor is paid a stipend on a onetime or | 10 |
| periodic basis and, if
the camp counselor is a minor, the | 11 |
| minor's parent, guardian or other
custodian has consented in | 12 |
| writing to the terms of payment before the
commencement of such | 13 |
| employment.
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| (Source: P.A. 93-581, eff. 1-1-04; 94SB1268ham003.)
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| Section 99. Effective date. This Act takes effect July 1, | 16 |
| 2007.".
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