Full Text of SB1738 100th General Assembly
SB1738 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1738 Introduced 2/9/2017, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
| 820 ILCS 105/4 | from Ch. 48, par. 1004 |
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Amends the Minimum Wage Law. Increases the minimum wage from $8.25 to $9.50 beginning July 1, 2017 and increases it by $1.25 each July 1 of 2018 and 2019 and increases it by $1.50 each July 1 of 2020 and 2021, at which point the minimum wage will be $15.00. Provides that beginning July 1, 2022, the minimum wage shall be increased by 2.5% or the increase in the Consumer Price Index for all Urban Consumers, whichever is lower. Deletes the allowance for gratuities. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning 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)(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 | 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 |
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| 1 | | her employees who is 18 years of age or older in every
| 2 | | occupation wages of not less than $5.50 per hour, and from
| 3 | | January 1,
2005 through June 30, 2007 every employer shall pay | 4 | | to each of his or her employees who is 18 years
of age or older | 5 | | in every occupation wages of not less than $6.50 per hour, and | 6 | | from July 1, 2007 through June 30, 2008 every employer shall | 7 | | pay to each of his or her employees who is 18 years
of age or | 8 | | older in every occupation wages of not less than $7.50 per | 9 | | hour, and from July 1, 2008 through June 30, 2009 every | 10 | | employer shall pay to each of his or her employees who is 18 | 11 | | years
of age or older in every occupation wages of not less | 12 | | than $7.75 per hour, and from July 1, 2009 through June 30, | 13 | | 2010 every employer shall pay to each of his or her employees | 14 | | who is 18 years
of age or older in every occupation wages of | 15 | | not less than $8.00 per hour, and from on and after July 1, | 16 | | 2010 through June 30, 2017 every employer shall pay to each of | 17 | | his or her employees who is 18 years of age or older in every | 18 | | occupation wages of not less than $8.25 per hour , and from July | 19 | | 1, 2017 through June 30, 2018 every employer shall pay to each | 20 | | of his or her employees who is 18 years of age or older in every | 21 | | occupation wages of not less than $9.50 per hour, and from July | 22 | | 1, 2018 through June 30, 2019 every employer shall pay to each | 23 | | of his or her employees who is 18 years of age or older in every | 24 | | occupation wages of not less than $10.75 per hour, and from | 25 | | July 1, 2019 through June 30, 2020 every employer shall pay to | 26 | | each of his or her employees who is 18 years of age or older in |
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| 1 | | every occupation wages of not less than $12.00 per hour, and | 2 | | from July 1, 2020 through June 30, 2021 every employer shall | 3 | | pay to each of his or her employees who is 18 years of age or | 4 | | older in every occupation wages of not less than $13.50 per | 5 | | hour, and from July 1, 2021 and through June 30, 2022 every | 6 | | employer shall pay to each of his or her employees who is 18 | 7 | | years of age or older in every occupation wages of not less | 8 | | than $15.00 per hour .
| 9 | | Beginning on July 1, 2022 and on every July 1 thereafter, | 10 | | every employer shall pay to each of his or her employees who is | 11 | | 18 years of age or older in every occupation wages no less than | 12 | | the amount of the previous year's minimum wage, plus an amount | 13 | | equal to the increase, if any, in the Consumer Price Index for | 14 | | All Urban Consumers most recently published by the Bureau of | 15 | | Labor Statistics of the United States Department of Labor, or | 16 | | 2.5%, whichever is lower. The increase shall be rounded up to | 17 | | the nearest multiple of $.05. | 18 | | (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: |
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| 1 | | (A) a day or temporary laborer, as defined in Section 5 | 2 | | of the Day and Temporary Labor Services Act, who is 18 | 3 | | years of age or older; and | 4 | | (B) an employee who is 18 years of age or older and | 5 | | whose employment is occasional or irregular and
requires | 6 | | not more than 90 days to complete. | 7 | | (3) At no time
shall the wages paid to any employee under | 8 | | 18 years of age be more than 50˘
less than the wage required to | 9 | | be paid to employees who are at least 18 years
of age under | 10 | | item (1) of this subsection (a).
| 11 | | (b) No employer shall discriminate between employees on the | 12 | | basis of sex
or mental or physical disability, except as | 13 | | otherwise provided in this Act by
paying wages to employees at | 14 | | a rate less than the rate at which he pays
wages to employees | 15 | | for the same or substantially
similar work on jobs the | 16 | | performance of which requires equal skill, effort,
and | 17 | | responsibility, and which are performed under similar working
| 18 | | conditions, except where such payment is made pursuant to (1) a | 19 | | seniority
system; (2) a merit system; (3) a system which | 20 | | measures earnings by
quantity or quality of production; or (4) | 21 | | a differential based on any other
factor other than sex or | 22 | | mental or physical disability, except as otherwise
provided in | 23 | | this Act.
| 24 | | (c) (Blank). Every employer of an employee engaged in an
| 25 | | occupation in which gratuities have customarily and usually | 26 | | constituted and
have been recognized as part of the |
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| 1 | | remuneration for hire purposes is
entitled to an allowance for | 2 | | gratuities as part of the hourly wage rate
provided in Section | 3 | | 4, subsection (a) in an amount not to exceed 40% of the
| 4 | | applicable minimum wage rate. The Director shall require each | 5 | | employer
desiring an allowance for gratuities to provide | 6 | | substantial evidence that
the amount claimed, which may not | 7 | | exceed 40% of the applicable minimum wage
rate, was received by | 8 | | the employee in the period for which the claim of
exemption is | 9 | | made, and no part thereof was returned to the employer.
| 10 | | (d) No camp counselor who resides on the premises of a | 11 | | seasonal camp of
an organized not-for-profit corporation shall | 12 | | be subject to the adult minimum
wage if the camp counselor (1) | 13 | | works 40 or more hours per week, and (2)
receives a total | 14 | | weekly salary of not less than the adult minimum
wage for a | 15 | | 40-hour week. If the counselor works less than 40 hours per
| 16 | | week, the counselor shall be paid the minimum hourly wage for | 17 | | each hour
worked. Every employer of a camp counselor under this | 18 | | subsection is entitled
to an allowance for meals and lodging as | 19 | | part of the hourly wage rate provided
in Section 4, subsection | 20 | | (a), in an amount not to exceed 25% of the
minimum wage rate.
| 21 | | (e) A camp counselor employed at a day camp is not subject | 22 | | to the adult minimum wage if the
camp counselor is paid a | 23 | | stipend on a onetime or periodic basis and, if
the camp | 24 | | counselor is a minor, the minor's parent, guardian or other
| 25 | | custodian has consented in writing to the terms of payment | 26 | | before the
commencement of such employment.
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| 1 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law. |
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