Full Text of SB2552 99th General Assembly
SB2552 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2552 Introduced 2/16/2016, by Sen. Jim Oberweis SYNOPSIS AS INTRODUCED: |
| 820 ILCS 105/4 | from Ch. 48, par. 1004 |
|
Amends the Minimum Wage Law. Increases the minimum wage for workers who are 26 years
of age or older to $9 per hour in 2017, $9.50 per hour in 2018, and $10 per hour in 2019. Makes corresponding changes in the Act. Provides that a municipality may not establish a minimum wage in an amount greater than the minimum wage established under the Minimum Wage Law and preempts home rule.
|
| |
| | FISCAL NOTE ACT MAY APPLY | HOME RULE NOTE ACT MAY APPLY | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
|
| | | SB2552 | | LRB099 20192 JLS 44648 b |
|
| 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) Through December 31, 2016 Every employer | 8 | | shall pay to each of his employees in every
occupation wages of | 9 | | not less than $2.30 per hour or in the case of
employees under | 10 | | 18 years of age wages of not less than $1.95 per hour,
except | 11 | | as provided in Sections 5 and 6 of this Act, and on and after
| 12 | | January 1, 1984, every employer shall pay to each of his | 13 | | employees in every
occupation wages of not less than $2.65 per | 14 | | hour or in the case of
employees under 18 years of age wages of | 15 | | not less than $2.25 per hour, and
on and after October 1, 1984 | 16 | | every employer shall pay to each of his
employees in every | 17 | | occupation wages of not less than $3.00 per hour or in
the case | 18 | | of employees under 18 years of age wages of not less than $2.55
| 19 | | per hour, and on or after July 1, 1985 every employer shall pay | 20 | | to each of
his employees in every occupation wages of not less | 21 | | than $3.35 per hour or
in the case of employees under 18 years | 22 | | of age wages of not less than $2.85
per hour,
and from January | 23 | | 1, 2004 through December 31, 2004 every employer shall pay
to
|
| | | SB2552 | - 2 - | LRB099 20192 JLS 44648 b |
|
| 1 | | each of his or her employees who is 18 years of age or older in | 2 | | every
occupation wages of not less than $5.50 per hour, and | 3 | | from
January 1,
2005 through June 30, 2007 every employer shall | 4 | | pay to each of his or her employees who is 18 years
of age or | 5 | | older in every occupation wages of not less than $6.50 per | 6 | | hour, and from July 1, 2007 through June 30, 2008 every | 7 | | employer shall pay to each of his or her employees who is 18 | 8 | | years
of age or older in every occupation wages of not less | 9 | | than $7.50 per hour, and from July 1, 2008 through June 30, | 10 | | 2009 every employer shall pay to each of his or her employees | 11 | | who is 18 years
of age or older in every occupation wages of | 12 | | not less than $7.75 per hour, and from July 1, 2009 through | 13 | | June 30, 2010 every employer shall pay to each of his or her | 14 | | employees who is 18 years
of age or older in every occupation | 15 | | wages of not less than $8.00 per hour, and on and after July 1, | 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 $8.25 per hour , and on and after January 1, 2017 | 19 | | every employer shall pay to each of his or her employees who is | 20 | | at least 18 years of age but under 26 years of age in every | 21 | | occupation wages of not less than $8.25 per hour, and from | 22 | | January 1, 2017 through December 31, 2017 every employer shall | 23 | | pay to each of his or her employees who is 26 years
of age or | 24 | | older in every occupation wages of not less than $9 per hour, | 25 | | and from January 1, 2018 through December 31, 2018 every | 26 | | employer shall pay to each of his or her employees who is 26 |
| | | SB2552 | - 3 - | LRB099 20192 JLS 44648 b |
|
| 1 | | years
of age or older in every occupation wages of not less | 2 | | than $9.50 per hour, and on and after January 1, 2019 every | 3 | | employer shall pay to each of his or her employees who is 26 | 4 | | years
of age or older in every occupation wages of not less | 5 | | than $10 per hour .
| 6 | | (2) Unless an employee's wages are reduced under Section 6, | 7 | | then in lieu of the rate prescribed in item (1) of this | 8 | | subsection (a), an employer may pay an employee who is 18 years | 9 | | of age or older, during the first 90 consecutive calendar days | 10 | | after the employee is initially employed by the employer, a | 11 | | wage that is not more than 50˘
less than the wage prescribed in | 12 | | item (1) of this subsection (a); however, an employer shall pay | 13 | | not less than the rate prescribed in item (1) of this | 14 | | subsection (a) to: | 15 | | (A) a day or temporary laborer, as defined in Section 5 | 16 | | of the Day and Temporary Labor Services Act, who is 18 | 17 | | years of age or older; and | 18 | | (B) an employee who is 18 years of age or older and | 19 | | whose employment is occasional or irregular and
requires | 20 | | not more than 90 days to complete. | 21 | | (3) At no time
shall the wages paid to any employee under | 22 | | 18 years of age be more than 50˘
less than the wage required to | 23 | | be paid to employees who are at least 18 years
of age but under | 24 | | 26 years of age under item (1) of this subsection (a).
| 25 | | (b) No employer shall discriminate between employees on the | 26 | | basis of sex
or mental or physical disability, except as |
| | | SB2552 | - 4 - | LRB099 20192 JLS 44648 b |
|
| 1 | | otherwise provided in this Act by
paying wages to employees at | 2 | | a rate less than the rate at which he pays
wages to employees | 3 | | for the same or substantially
similar work on jobs the | 4 | | performance of which requires equal skill, effort,
and | 5 | | responsibility, and which are performed under similar working
| 6 | | conditions, except where such payment is made pursuant to (1) a | 7 | | seniority
system; (2) a merit system; (3) a system which | 8 | | measures earnings by
quantity or quality of production; or (4) | 9 | | a differential based on any other
factor other than sex or | 10 | | mental or physical disability, except as otherwise
provided in | 11 | | this Act.
| 12 | | (c) Every employer of an employee engaged in an
occupation | 13 | | in which gratuities have customarily and usually constituted | 14 | | and
have been recognized as part of the remuneration for hire | 15 | | purposes is
entitled to an allowance for gratuities as part of | 16 | | the hourly wage rate
provided in Section 4, subsection (a) in | 17 | | an amount not to exceed 40% of the
applicable minimum wage | 18 | | rate. The Director shall require each employer
desiring an | 19 | | allowance for gratuities to provide substantial evidence that
| 20 | | the amount claimed, which may not exceed 40% of the applicable | 21 | | minimum wage
rate, was received by the employee in the period | 22 | | for which the claim of
exemption is made, and no part thereof | 23 | | was returned to the employer.
| 24 | | (d) No camp counselor who resides on the premises of a | 25 | | seasonal camp of
an organized not-for-profit corporation shall | 26 | | be subject to the adult minimum
wage if the camp counselor (1) |
| | | SB2552 | - 5 - | LRB099 20192 JLS 44648 b |
|
| 1 | | works 40 or more hours per week, and (2)
receives a total | 2 | | weekly salary of not less than the adult minimum
wage for a | 3 | | 40-hour week. If the counselor works less than 40 hours per
| 4 | | week, the counselor shall be paid the minimum hourly wage for | 5 | | each hour
worked. Every employer of a camp counselor under this | 6 | | subsection is entitled
to an allowance for meals and lodging as | 7 | | part of the hourly wage rate provided
in Section 4, subsection | 8 | | (a), in an amount not to exceed 25% of the
minimum wage rate.
| 9 | | (e) A camp counselor employed at a day camp is not subject | 10 | | to the adult minimum wage if the
camp counselor is paid a | 11 | | stipend on a onetime or periodic basis and, if
the camp | 12 | | counselor is a minor, the minor's parent, guardian or other
| 13 | | custodian has consented in writing to the terms of payment | 14 | | before the
commencement of such employment.
| 15 | | (f) A municipality, including a home rule municipality, may | 16 | | not establish a minimum wage in an amount in excess of the | 17 | | minimum wage established under this Section. This Section is a | 18 | | denial and limitation of home rule powers and functions under | 19 | | subsection (g) of Article VII of the Illinois Constitution. | 20 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
|