Full Text of HB2180 101st General Assembly
HB2180 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2180 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: |
| 820 ILCS 105/4 | from Ch. 48, par. 1004 | 820 ILCS 105/6 | from Ch. 48, par. 1006 |
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Amends the Minimum Wage Law to provide that an employer shall pay a person no less than the minimum wage rate if the person is a student enrolled in an institution of higher education whose employment is part of a work study or internship program approved by that institution, regardless of whether the person is receiving course credit from that institution for the employment. Effective immediately.
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| | 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 1. This Act may be referred to as the Internship | 5 | | Equity Act. | 6 | | Section 5. The Minimum Wage Law is amended by changing | 7 | | Sections 4 and 6 as follows:
| 8 | | (820 ILCS 105/4) (from Ch. 48, par. 1004)
| 9 | | 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
| 16 | | 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 |
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| 1 | | hour or
in the case of employees under 18 years of age wages of | 2 | | not less than $2.85
per hour,
and from January 1, 2004 through | 3 | | December 31, 2004 every employer shall pay
to
each of his or | 4 | | her employees who is 18 years of age or older in every
| 5 | | occupation wages of not less than $5.50 per hour, and from
| 6 | | January 1,
2005 through June 30, 2007 every employer shall pay | 7 | | to each of his or her employees who is 18 years
of age or older | 8 | | in every occupation wages of not less than $6.50 per hour, and | 9 | | from July 1, 2007 through June 30, 2008 every employer shall | 10 | | pay to each of his or her employees who is 18 years
of age or | 11 | | older in every occupation wages of not less than $7.50 per | 12 | | hour, and from July 1, 2008 through June 30, 2009 every | 13 | | employer shall pay to each of his or her employees who is 18 | 14 | | years
of age or older in every occupation wages of not less | 15 | | than $7.75 per hour, and from July 1, 2009 through June 30, | 16 | | 2010 every employer shall pay to each of his or her employees | 17 | | who is 18 years
of age or older in every occupation wages of | 18 | | not less than $8.00 per hour, and on and after July 1, 2010 | 19 | | every employer shall pay to each of his or her employees who is | 20 | | 18 years of age or older in every occupation wages of not less | 21 | | than $8.25 per hour.
| 22 | | (2) Unless an employee's wages are reduced under Section 6, | 23 | | then in lieu of the rate prescribed in item (1) of this | 24 | | subsection (a), an employer may pay an employee who is 18 years | 25 | | of age or older, during the first 90 consecutive calendar days | 26 | | after the employee is initially employed by the employer, a |
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| 1 | | wage that is not more than 50˘
less than the wage prescribed in | 2 | | item (1) of this subsection (a); however, an employer shall pay | 3 | | not less than the rate prescribed in item (1) of this | 4 | | subsection (a) to: | 5 | | (A) a day or temporary laborer, as defined in Section 5 | 6 | | of the Day and Temporary Labor Services Act, who is 18 | 7 | | years of age or older; and | 8 | | (B) an employee who is 18 years of age or older and | 9 | | whose employment is occasional or irregular and
requires | 10 | | not more than 90 days to complete ; and . | 11 | | (C) a person described in item (4) of this subsection | 12 | | (a). | 13 | | (3) At no time
shall the wages paid to any employee under | 14 | | 18 years of age be more than 50˘
less than the wage required to | 15 | | be paid to employees who are at least 18 years
of age under | 16 | | item (1) of this subsection (a).
| 17 | | (4) An employer shall pay a person no less than the minimum | 18 | | wage prescribed in items (1) and (3) of this subsection (a) if | 19 | | the person is a student enrolled in an institution of higher | 20 | | education whose employment is part of a work study or | 21 | | internship program approved by that institution, regardless of | 22 | | whether the person is receiving course credit from that | 23 | | institution for the employment, and if the person is not | 24 | | otherwise excluded from the definition of "employee" under | 25 | | subsection (d) of Section 3. | 26 | | (b) No employer shall discriminate between employees on the |
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| 1 | | basis of sex
or mental or physical disability, except as | 2 | | otherwise provided in this Act by
paying wages to employees at | 3 | | a rate less than the rate at which he pays
wages to employees | 4 | | for the same or substantially
similar work on jobs the | 5 | | performance of which requires equal skill, effort,
and | 6 | | responsibility, and which are performed under similar working
| 7 | | conditions, except where such payment is made pursuant to (1) a | 8 | | seniority
system; (2) a merit system; (3) a system which | 9 | | measures earnings by
quantity or quality of production; or (4) | 10 | | a differential based on any other
factor other than sex or | 11 | | mental or physical disability, except as otherwise
provided in | 12 | | this Act.
| 13 | | (c) Every employer of an employee engaged in an
occupation | 14 | | in which gratuities have customarily and usually constituted | 15 | | and
have been recognized as part of the remuneration for hire | 16 | | purposes is
entitled to an allowance for gratuities as part of | 17 | | the hourly wage rate
provided in Section 4, subsection (a) in | 18 | | an amount not to exceed 40% of the
applicable minimum wage | 19 | | rate. The Director shall require each employer
desiring an | 20 | | allowance for gratuities to provide substantial evidence that
| 21 | | the amount claimed, which may not exceed 40% of the applicable | 22 | | minimum wage
rate, was received by the employee in the period | 23 | | for which the claim of
exemption is made, and no part thereof | 24 | | was returned to the employer.
| 25 | | (d) No camp counselor who resides on the premises of a | 26 | | seasonal camp of
an organized not-for-profit corporation shall |
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| 1 | | be subject to the adult minimum
wage if the camp counselor (1) | 2 | | works 40 or more hours per week, and (2)
receives a total | 3 | | weekly salary of not less than the adult minimum
wage for a | 4 | | 40-hour week. If the counselor works less than 40 hours per
| 5 | | week, the counselor shall be paid the minimum hourly wage for | 6 | | each hour
worked. Every employer of a camp counselor under this | 7 | | subsection is entitled
to an allowance for meals and lodging as | 8 | | part of the hourly wage rate provided
in Section 4, subsection | 9 | | (a), in an amount not to exceed 25% of the
minimum wage rate.
| 10 | | (e) A camp counselor employed at a day camp is not subject | 11 | | to the adult minimum wage if the
camp counselor is paid a | 12 | | stipend on a onetime or periodic basis and, if
the camp | 13 | | counselor is a minor, the minor's parent, guardian or other
| 14 | | custodian has consented in writing to the terms of payment | 15 | | before the
commencement of such employment.
| 16 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 17 | | (820 ILCS 105/6) (from Ch. 48, par. 1006)
| 18 | | Sec. 6. (a) For any occupation, the Director may provide by
| 19 | | regulation for the employment in that occupation of learners at | 20 | | such
wages lower than the minimum wage provided in items (1) | 21 | | and (3) of subsection (a)
of Section 4 as the Director may find | 22 | | appropriate to prevent curtailment of
opportunities for | 23 | | employment and to safeguard the minimum wage rate of
this Act.
| 24 | | (b) Where the Director has provided by regulation for the | 25 | | employment
of learners, such regulations are subject to |
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| 1 | | provisions hereinafter set
forth and to such additional terms | 2 | | and conditions as may be established
in supplemental | 3 | | regulations applicable to the employment of learners in
| 4 | | particular industries.
| 5 | | (c) In any occupation, every employer may pay a subminimum | 6 | | wage to
learners during their period of learning. However, | 7 | | under no
circumstances, may
an employer pay a learner a wage | 8 | | less than 70% of the minimum wage rate
provided in item (1) of | 9 | | subsection (a) of Section 4 of this Act for employees 18 years
| 10 | | of age or older.
| 11 | | (d) No person is deemed a learner in any occupation for | 12 | | which he has
completed the required training; and in no case | 13 | | may a person be deemed a
learner in that occupation after 6 | 14 | | months of such training, except where
the Director finds, after | 15 | | investigation, that for the particular
occupation a minimum of | 16 | | proficiency cannot be acquired in 6 months.
| 17 | | A person described in item (4) of subsection (a) of Section | 18 | | 4 may not be deemed a learner under this Act. | 19 | | (Source: P.A. 94-1072, eff. 7-1-07 .)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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