Full Text of SB2004 98th General Assembly
SB2004sam001 98TH GENERAL ASSEMBLY | Sen. Jim Oberweis Filed: 4/8/2014
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| 1 | | AMENDMENT TO SENATE BILL 2004
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2004 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)(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
| 14 | | 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 |
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| 1 | | less than $3.00 per hour or in
the case of employees under 18 | 2 | | years of age wages of not less than $2.55
per hour, and on or | 3 | | after July 1, 1985 every employer shall pay to each of
his | 4 | | employees in every occupation wages of not less than $3.35 per | 5 | | hour or
in the case of employees under 18 years of age wages of | 6 | | not less than $2.85
per hour,
and from January 1, 2004 through | 7 | | December 31, 2004 every employer shall pay
to
each of his or | 8 | | her employees who is 18 years of age or older in every
| 9 | | occupation wages of not less than $5.50 per hour, and from
| 10 | | January 1,
2005 through June 30, 2007 every employer shall pay | 11 | | to each of his or her employees who is 18 years
of age or older | 12 | | in every occupation wages of not less than $6.50 per hour, and | 13 | | from July 1, 2007 through June 30, 2008 every employer shall | 14 | | pay to each of his or her employees who is 18 years
of age or | 15 | | older in every occupation wages of not less than $7.50 per | 16 | | hour, and from July 1, 2008 through June 30, 2009 every | 17 | | 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 $7.75 per hour, and from July 1, 2009 through June 30, | 20 | | 2010 every employer shall pay to each of his or her employees | 21 | | who is 18 years
of age or older in every occupation wages of | 22 | | not less than $8.00 per hour, and from on and after July 1, | 23 | | 2010 through December 31, 2014 every employer shall pay to each | 24 | | of his or her employees who is 18 years of age or older in every | 25 | | occupation wages of not less than $8.25 per hour , and on and | 26 | | after January 1, 2015 every employer shall pay to each of his |
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| 1 | | or her employees who is at least 18 years of age but under 26 | 2 | | years of age in every occupation wages of not less than $8.25 | 3 | | per hour, and from January 1, 2015 through December 31, 2015 | 4 | | every employer shall pay to each of his or her employees who is | 5 | | 26 years
of age or older in every occupation wages of not less | 6 | | than $9 per hour, and from January 1, 2016 through December 31, | 7 | | 2016 every employer shall pay to each of his or her employees | 8 | | who is 26 years
of age or older in every occupation wages of | 9 | | not less than $9.50 per hour, and on and after January 1, 2017 | 10 | | every employer shall pay to each of his or her employees who is | 11 | | 26 years
of age or older in every occupation wages of not less | 12 | | than $10 per hour .
| 13 | | (2) Unless an employee's wages are reduced under Section 6, | 14 | | then in lieu of the rate prescribed in item (1) of this | 15 | | subsection (a), an employer may pay an employee who is 18 years | 16 | | of age or older, during the first 90 consecutive calendar days | 17 | | after the employee is initially employed by the employer, a | 18 | | wage that is not more than 50˘
less than the wage prescribed in | 19 | | item (1) of this subsection (a); however, an employer shall pay | 20 | | not less than the rate prescribed in item (1) of this | 21 | | subsection (a) to: | 22 | | (A) a day or temporary laborer, as defined in Section 5 | 23 | | of the Day and Temporary Labor Services Act, who is 18 | 24 | | years of age or older; and | 25 | | (B) an employee who is 18 years of age or older and | 26 | | whose employment is occasional or irregular and
requires |
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| 1 | | not more than 90 days to complete. | 2 | | (3) At no time
shall the wages paid to any employee under | 3 | | 18 years of age be more than 50˘
less than the wage required to | 4 | | be paid to employees who are at least 18 years
of age but under | 5 | | 26 years of age under item (1) of this subsection (a).
| 6 | | (b) No employer shall discriminate between employees on the | 7 | | basis of sex
or mental or physical handicap, except as | 8 | | otherwise provided in this Act by
paying wages to employees at | 9 | | a rate less than the rate at which he pays
wages to employees | 10 | | for the same or substantially
similar work on jobs the | 11 | | performance of which requires equal skill, effort,
and | 12 | | responsibility, and which are performed under similar working
| 13 | | conditions, except where such payment is made pursuant to (1) a | 14 | | seniority
system; (2) a merit system; (3) a system which | 15 | | measures earnings by
quantity or quality of production; or (4) | 16 | | a differential based on any other
factor other than sex or | 17 | | mental or physical handicap, except as otherwise
provided in | 18 | | this Act.
| 19 | | (c) Every employer of an employee engaged in an
occupation | 20 | | in which gratuities have customarily and usually constituted | 21 | | and
have been recognized as part of the remuneration for hire | 22 | | purposes is
entitled to an allowance for gratuities as part of | 23 | | the hourly wage rate
provided in Section 4, subsection (a) in | 24 | | an amount not to exceed 40% of the
applicable minimum wage | 25 | | rate. The Director shall require each employer
desiring an | 26 | | allowance for gratuities to provide substantial evidence that
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| 1 | | the amount claimed, which may not exceed 40% of the applicable | 2 | | minimum wage
rate, was received by the employee in the period | 3 | | for which the claim of
exemption is made, and no part thereof | 4 | | was returned to the employer.
| 5 | | (d) No camp counselor who resides on the premises of a | 6 | | seasonal camp of
an organized not-for-profit corporation shall | 7 | | be subject to the adult minimum
wage if the camp counselor (1) | 8 | | works 40 or more hours per week, and (2)
receives a total | 9 | | weekly salary of not less than the adult minimum
wage for a | 10 | | 40-hour week. If the counselor works less than 40 hours per
| 11 | | week, the counselor shall be paid the minimum hourly wage for | 12 | | each hour
worked. Every employer of a camp counselor under this | 13 | | subsection is entitled
to an allowance for meals and lodging as | 14 | | part of the hourly wage rate provided
in Section 4, subsection | 15 | | (a), in an amount not to exceed 25% of the
minimum wage rate.
| 16 | | (e) A camp counselor employed at a day camp is not subject | 17 | | to the adult minimum wage if the
camp counselor is paid a | 18 | | stipend on a onetime or periodic basis and, if
the camp | 19 | | counselor is a minor, the minor's parent, guardian or other
| 20 | | custodian has consented in writing to the terms of payment | 21 | | before the
commencement of such employment. | 22 | | (f) A municipality, including a home rule municipality, may | 23 | | not establish a minimum wage in an amount in excess of the | 24 | | minimum wage established under this Section. This Section is a | 25 | | denial and limitation of home rule powers and functions under | 26 | | subsection (g) of Article VII of the Illinois Constitution.
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| 1 | | (Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07; | 2 | | 95-945, eff. 1-1-09.)".
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