Full Text of HB3752 94th General Assembly
HB3752sam002 94TH GENERAL ASSEMBLY
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Sen. William Delgado
Filed: 1/7/2007
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LRB094 10273 WGH 60962 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. The Minimum Wage Law is amended by changing | 5 |
| Sections 4 and 6 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 | 8 |
| employees in every
occupation wages of not less than $2.30 per | 9 |
| hour or in the case of
employees under 18 years of age wages of | 10 |
| not less than $1.95 per hour,
except as provided in Sections 5 | 11 |
| and 6 of this Act, and on and after
January 1, 1984, every | 12 |
| employer shall pay to each of his employees in every
occupation | 13 |
| 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 | 15 |
| per hour, and
on and after October 1, 1984 every employer shall | 16 |
| pay to each of his
employees in every occupation wages of not | 17 |
| less than $3.00 per hour or in
the case of employees under 18 | 18 |
| years of age wages of not less than $2.55
per hour, and on or | 19 |
| after July 1, 1985 every employer shall pay to each of
his | 20 |
| employees in every occupation wages of not less than $3.35 per | 21 |
| hour or
in the case of employees under 18 years of age wages of | 22 |
| not less than $2.85
per hour,
and from January 1, 2004 through | 23 |
| December 31, 2004 every employer shall pay
to
each of his or | 24 |
| 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 | 2 |
| January 1,
2005 through June 30, 2007 every employer shall pay | 3 |
| to each of his or her employees who is 18 years
of age or older | 4 |
| in every occupation wages of not less than $6.50 per hour, and | 5 |
| from July 1, 2007 through June 30, 2008 every employer shall | 6 |
| pay to each of his or her employees who is 18 years
of age or | 7 |
| older in every occupation wages of not less than $7.50 per | 8 |
| hour, and from July 1, 2008 through June 30, 2009 every | 9 |
| employer shall pay to each of his or her employees who is 18 | 10 |
| years
of age or older in every occupation wages of not less | 11 |
| than $7.75 per hour, and from July 1, 2009 through June 30, | 12 |
| 2010 every employer shall pay to each of his or her employees | 13 |
| who is 18 years
of age or older in every occupation wages of | 14 |
| not less than $8.00 per hour, and on and after July 1, 2010 | 15 |
| every employer shall pay to each of his or her employees who is | 16 |
| 18 years of age or older in every occupation wages of not less | 17 |
| than $8.25 per hour.
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| (2) Unless an employee's wages are reduced under Section 6, | 19 |
| then in lieu of the rate prescribed in item (1) of this | 20 |
| subsection (a), an employer may pay an employee who is 18 years | 21 |
| of age or older , during the first 90 consecutive calendar days | 22 |
| after the employee is initially employed by the employer, a | 23 |
| wage that is not more than 50˘
less than the wage prescribed in | 24 |
| item (1) of this subsection (a) ; however, an employer shall pay | 25 |
| not less than the rate prescribed in item (1) of this | 26 |
| subsection (a) to: . | 27 |
| (A) a day or temporary laborer, as defined in Section 5 | 28 |
| of the Day and Temporary Labor Services Act; and | 29 |
| (B) an employee whose employment is occasional or | 30 |
| irregular and
requires not more than 90 days to complete. | 31 |
| (3) (Blank)
At no time
shall the wages paid to any employee | 32 |
| under 18 years of age be more than 50˘
less than the wage | 33 |
| required to be paid to employees who are at least 18 years
of | 34 |
| age under item (1) of this subsection (a) .
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| (b) No employer shall discriminate between employees on the | 2 |
| basis of sex
or mental or physical handicap, except as | 3 |
| otherwise provided in this Act by
paying wages to employees at | 4 |
| a rate less than the rate at which he pays
wages to employees | 5 |
| for the same or substantially
similar work on jobs the | 6 |
| performance of which requires equal skill, effort,
and | 7 |
| responsibility, and which are performed under similar working
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| conditions, except where such payment is made pursuant to (1) a | 9 |
| seniority
system; (2) a merit system; (3) a system which | 10 |
| measures earnings by
quantity or quality of production; or (4) | 11 |
| a differential based on any other
factor other than sex or | 12 |
| mental or physical handicap, except as otherwise
provided in | 13 |
| this Act.
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| (c) Every employer of an employee engaged in an
occupation | 15 |
| in which gratuities have customarily and usually constituted | 16 |
| and
have been recognized as part of the remuneration for hire | 17 |
| purposes is
entitled to an allowance for gratuities as part of | 18 |
| the hourly wage rate
provided in Section 4, subsection (a) in | 19 |
| an amount not to exceed 40% of the
applicable minimum wage | 20 |
| rate. The Director shall require each employer
desiring an | 21 |
| allowance for gratuities to provide substantial evidence that
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| the amount claimed, which may not exceed 40% of the applicable | 23 |
| minimum wage
rate, was received by the employee in the period | 24 |
| for which the claim of
exemption is made, and no part thereof | 25 |
| was returned to the employer.
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| (d) No camp counselor who resides on the premises of a | 27 |
| seasonal camp of
an organized not-for-profit corporation shall | 28 |
| be subject to the adult minimum
wage if the camp counselor (1) | 29 |
| works 40 or more hours per week, and (2)
receives a total | 30 |
| weekly salary of not less than the adult minimum
wage for a | 31 |
| 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 | 33 |
| each hour
worked. Every employer of a camp counselor under this | 34 |
| subsection is entitled
to an allowance for meals and lodging as |
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| part of the hourly wage rate provided
in Section 4, subsection | 2 |
| (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 | 5 |
| wage if the
camp counselor is paid a stipend on a onetime or | 6 |
| periodic basis and, if
the camp counselor is a minor, the | 7 |
| minor's parent, guardian or other
custodian has consented in | 8 |
| writing to the terms of payment before the
commencement of such | 9 |
| employment.
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| (Source: P.A. 93-581, eff. 1-1-04; 94-1072, eff. 7-1-07.)
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| (820 ILCS 105/6) (from Ch. 48, par. 1006)
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| Sec. 6. (a) For any occupation, the Director may provide by
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| regulation for the employment in that occupation of learners at | 14 |
| such
wages lower than the minimum wage provided in items (1) | 15 |
| and (3) of subsection (a)
of Section 4 as the Director may find | 16 |
| appropriate to prevent curtailment of
opportunities for | 17 |
| employment and to safeguard the minimum wage rate of
this Act.
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| (b) Where the Director has provided by regulation for the | 19 |
| employment
of learners, such regulations are subject to | 20 |
| provisions hereinafter set
forth and to such additional terms | 21 |
| and conditions as may be established
in supplemental | 22 |
| regulations applicable to the employment of learners in
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| particular industries.
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| (c) In any occupation, every employer may pay a subminimum | 25 |
| wage to
learners during their period of learning. However, | 26 |
| under no
circumstances, may
an employer pay a learner a wage | 27 |
| less than 70% of the minimum wage rate
provided in item (1) of | 28 |
| subsection (a) of Section 4 of this Act for employees 18 years
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| of age or older .
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| (d) No person is deemed a learner in any occupation for | 31 |
| which he has
completed the required training; and in no case | 32 |
| may a person be deemed a
learner in that occupation after 6 | 33 |
| months of such training, except where
the Director finds, after |
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| investigation, that for the particular
occupation a minimum of | 2 |
| proficiency cannot be acquired in 6 months.
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| (Source: P.A. 94-1072, eff. 7-1-07.)
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| Section 99. Effective date. This Act takes effect July 1, | 5 |
| 2007.".
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