Full Text of HB4972 101st General Assembly
HB4972 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4972 Introduced 2/18/2020, by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: |
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820 ILCS 105/4 | from Ch. 48, par. 1004 |
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Amends the Minimum Wage Law. Provides that the Department of Labor shall divide the State into 3 areas in accordance with specified criteria. Provides that, after the Department of Labor has divided the State into 3 areas, any municipality may, by ordinance, make that municipality a part of another area, and any county may, by ordinance, make the unincorporated territory of that county a part of another area. Establishes minimum wage rates for each area.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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) The Department of Labor shall designate | 8 | | Illinois Job Area A as the counties in Illinois that are within | 9 | | the Chicago Metropolitan Statistical Area as defined by the | 10 | | United States Office of Management and Budget. Using population | 11 | | data from the most recent decennial census, the Department | 12 | | shall divide the remainder of the State into Illinois Job Areas | 13 | | B and C in accordance with the following criteria: | 14 | | (i) Illinois Job Areas B and C shall be contiguous but | 15 | | are not required to be compact. | 16 | | (ii) The Department of Labor shall keep each county | 17 | | intact in either Illinois Job Area B or Illinois Job Area | 18 | | C. | 19 | | (iii) There shall be no more than a 10% difference in | 20 | | population between Illinois Job Areas B and C. | 21 | | (iv) To the extent practicable given the criteria in | 22 | | items (i) through (iii), the Department shall place | 23 | | counties in Illinois Job Areas B and C so that Illinois Job |
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| 1 | | Area C has a higher unemployment rate, not seasonally | 2 | | adjusted, than Illinois Job Area B and the difference in | 3 | | unemployment rates between Illinois Job Area C and Illinois | 4 | | Job Area B is maximized. | 5 | | The Department of Employment Security and the Department of | 6 | | Innovation and Technology shall provide any assistance that the | 7 | | Department of Labor requires to perform its duties under this | 8 | | subsection (a). | 9 | | After the Department of Labor has divided the State into | 10 | | Illinois Job Areas A, B, and C, any municipality may, by | 11 | | ordinance, make that municipality a part of another Illinois | 12 | | Job Area without regard to the criteria in items (i) through | 13 | | (iv), and any county may, by ordinance, make the unincorporated | 14 | | territory of that county a part of another Illinois Job Area | 15 | | without regard to the criteria in items (i) through (iv). | 16 | | In Illinois Job Area A, Every employer shall pay to each of | 17 | | his employees in every
occupation wages of not less than $2.30 | 18 | | per hour or in the case of
employees under 18 years of age | 19 | | wages of not less than $1.95 per hour,
except as provided in | 20 | | Sections 5 and 6 of this Act, and on and after
January 1, 1984, | 21 | | every employer shall pay to each of his employees in every
| 22 | | occupation wages of not less than $2.65 per hour or in the case | 23 | | of
employees under 18 years of age wages of not less than $2.25 | 24 | | per hour, and
on and after October 1, 1984 every employer shall | 25 | | pay to each of his
employees in every occupation wages of not | 26 | | less than $3.00 per hour or in
the case of employees under 18 |
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| 1 | | years of age wages of not less than $2.55
per hour, and on or | 2 | | after July 1, 1985 every employer shall pay to each of
his | 3 | | employees in every occupation wages of not less than $3.35 per | 4 | | hour or
in the case of employees under 18 years of age wages of | 5 | | not less than $2.85
per hour,
and from January 1, 2004 through | 6 | | December 31, 2004 every employer shall pay
to
each of his or | 7 | | her employees who is 18 years of age or older in every
| 8 | | occupation wages of not less than $5.50 per hour, and from
| 9 | | January 1,
2005 through June 30, 2007 every employer shall pay | 10 | | to each of his or her employees who is 18 years
of age or older | 11 | | in every occupation wages of not less than $6.50 per hour, and | 12 | | from July 1, 2007 through June 30, 2008 every employer shall | 13 | | pay to each of his or her employees who is 18 years
of age or | 14 | | older in every occupation wages of not less than $7.50 per | 15 | | hour, and from July 1, 2008 through June 30, 2009 every | 16 | | employer shall pay to each of his or her employees who is 18 | 17 | | years
of age or older in every occupation wages of not less | 18 | | than $7.75 per hour, and from July 1, 2009 through June 30, | 19 | | 2010 every employer shall pay to each of his or her employees | 20 | | who is 18 years
of age or older in every occupation wages of | 21 | | not less than $8.00 per hour, and from July 1, 2010 through | 22 | | December 31, 2019 every employer shall pay to each of his or | 23 | | her employees who is 18 years of age or older in every | 24 | | occupation wages of not less than $8.25 per hour, and from
| 25 | | January 1, 2020 through June 30, 2020, every employer shall pay | 26 | | to each of his or her employees who is 18 years of age or older |
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| 1 | | in every occupation wages of not less than $9.25 per hour, and | 2 | | from July 1, 2020 through December 31, 2020 every employer | 3 | | shall pay
to each of his or her employees who is 18 years of age | 4 | | or older
in every occupation wages of not less than $10 per | 5 | | hour, and
from January 1, 2021 through December 31, 2021 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 $11 per hour,
and from January 1, 2022 through December | 9 | | 31, 2022 every employer
shall pay to each of his or her | 10 | | employees who is 18 years of age
or older in every occupation | 11 | | wages of not less than $12 per
hour, and from January 1, 2023 | 12 | | through December 31, 2023 every
employer shall pay to each of | 13 | | his or her employees who is 18
years of age or older in every | 14 | | occupation wages of not less
than $13 per hour, and from | 15 | | January 1, 2024 through December 31, 2024, every employer shall | 16 | | pay to each of his or her employees who is 18 years of age or | 17 | | older in every occupation wages of not less than $14 per hour; | 18 | | and on and after January 1, 2025, every
employer shall pay to | 19 | | each of his or her employees who is 18
years of age or older in | 20 | | every occupation wages of not less
than $15 per hour.
| 21 | | In Illinois Job Area B, through June 30, 2022 every | 22 | | employer shall pay to each of his or her employees who is 18 | 23 | | years of age or older in every occupation wages of not less | 24 | | than $11 per hour, and from July 1, 2022 through June 30, 2023 | 25 | | every employer shall pay to each of his or her employees who is | 26 | | 18 years of age or older in every occupation wages of not less |
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| 1 | | than $11.67 per hour, and from July 1, 2023 through June 30, | 2 | | 2024 every employer shall pay to each of his or her employees | 3 | | who is 18 years of age or older in every occupation wages of | 4 | | not less than $12.33 per hour, and from July 1, 2024 through | 5 | | June 30, 2025 every employer shall pay to each of his or her | 6 | | employees who is 18 years of age or older in every occupation | 7 | | wages of not less than $13 per hour, and from July 1, 2025 | 8 | | through June 30, 2026 every employer shall pay to each of his | 9 | | or her employees who is 18 years of age or older in every | 10 | | occupation wages of not less than $13.67 per hour, and from | 11 | | July 1, 2026 through June 30, 2027 every employer shall pay to | 12 | | each of his or her employees who is 18 years of age or older in | 13 | | every occupation wages of not less than $14.33 per hour, and on | 14 | | and after July 1, 2027, every employer shall pay to each of his | 15 | | or her employees who is 18 years of age or older in every | 16 | | occupation wages of not less than $15 per hour. | 17 | | In Illinois Job Area C, through June 30, 2022 every | 18 | | employer shall pay to each of his or her employees who is 18 | 19 | | years of age or older in every occupation wages of not less | 20 | | than $11 per hour, and from July 1, 2022 through June 30, 2023 | 21 | | every employer shall pay to each of his or her employees who is | 22 | | 18 years of age or older in every occupation wages of not less | 23 | | than $11.33 per hour, and from July 1, 2023 through June 30, | 24 | | 2024 every employer shall pay to each of his or her employees | 25 | | who is 18 years of age or older in every occupation wages of | 26 | | not less than $11.67 per hour, and from July 1, 2024 through |
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| 1 | | June 30, 2025 every employer shall pay to each of his or her | 2 | | employees who is 18 years of age or older in every occupation | 3 | | wages of not less than $12 per hour, and from July 1, 2025 | 4 | | through June 30, 2026 every employer shall pay to each of his | 5 | | or her employees who is 18 years of age or older in every | 6 | | occupation wages of not less than $12.33 per hour, and from | 7 | | July 1, 2026 through June 30, 2027 every employer shall pay to | 8 | | each of his or her employees who is 18 years of age or older in | 9 | | every occupation wages of not less than $12.67 per hour, and | 10 | | from July 1, 2027 through June 30, 2028 every employer shall | 11 | | pay to each of his or her employees who is 18 years of age or | 12 | | older in every occupation wages of not less than $13 per hour, | 13 | | and from July 1, 2028 through June 30, 2029 every employer | 14 | | shall pay to each of his or her employees who is 18 years of age | 15 | | or older in every occupation wages of not less than $13.33 per | 16 | | hour, and from July 1, 2029 through June 30, 2030 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 $13.67 per hour, and from July 1, 2030 through June 30, | 20 | | 2031 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 $14 per hour, and from July 1, 2031 through June | 23 | | 30, 2032 every employer shall pay to each of his or her | 24 | | employees who is 18 years of age or older in every occupation | 25 | | wages of not less than $14.33 per hour, and from July 1, 2032 | 26 | | through June 30, 2033 every employer shall pay to each of his |
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| 1 | | or her employees who is 18 years of age or older in every | 2 | | occupation wages of not less than $14.67 per hour, and on and | 3 | | after July 1, 2033, 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 $15 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 on or before December 31, 2019
shall the | 22 | | wages paid to any employee under 18 years of age be more than | 23 | | 50˘
less than the wage required to be paid to employees who are | 24 | | at least 18 years
of age under item (1) of this subsection (a). | 25 | | Beginning on January 1, 2020, every employer shall pay
to each | 26 | | of his or her employees who is under 18 years of age
that has |
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| 1 | | worked more than 650 hours for the employer during any
calendar | 2 | | year a wage not less than the wage required for
employees who | 3 | | are 18 years of age or older under paragraph (1)
of subsection | 4 | | (a) of Section 4 of this Act. Every employer
shall pay to each | 5 | | of his or her employees who is under 18 years
of age that has | 6 | | not worked more than 650 hours for the employer
during any | 7 | | calendar year: (1) $8 per hour from January 1, 2020
through | 8 | | December 31, 2020; (2) $8.50 per hour from January 1, 2021
| 9 | | through December 31, 2021; (3) $9.25 per hour from January 1, | 10 | | 2022
through December 31, 2022; (4) $10.50 per hour from | 11 | | January 1, 2023
through December 31, 2023; (5) $12 per hour | 12 | | from January
1, 2024 through December 31, 2024; and (6) $13 per | 13 | | hour on and after January 1, 2025.
| 14 | | (b) No employer shall discriminate between employees on the | 15 | | basis of sex
or mental or physical disability, except as | 16 | | otherwise provided in this Act by
paying wages to employees at | 17 | | a rate less than the rate at which he pays
wages to employees | 18 | | for the same or substantially
similar work on jobs the | 19 | | performance of which requires equal skill, effort,
and | 20 | | responsibility, and which are performed under similar working
| 21 | | conditions, except where such payment is made pursuant to (1) a | 22 | | seniority
system; (2) a merit system; (3) a system which | 23 | | measures earnings by
quantity or quality of production; or (4) | 24 | | a differential based on any other
factor other than sex or | 25 | | mental or physical disability, except as otherwise
provided in | 26 | | this Act.
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| 1 | | (c) Every employer of an employee engaged in an
occupation | 2 | | in which gratuities have customarily and usually constituted | 3 | | and
have been recognized as part of the remuneration for hire | 4 | | purposes is
entitled to an allowance for gratuities as part of | 5 | | the hourly wage rate
provided in Section 4, subsection (a) in | 6 | | an amount not to exceed 40% of the
applicable minimum wage | 7 | | rate. The Director shall require each employer
desiring an | 8 | | allowance for gratuities to provide substantial evidence that
| 9 | | the amount claimed, which may not exceed 40% of the applicable | 10 | | minimum wage
rate, was received by the employee in the period | 11 | | for which the claim of
exemption is made, and no part thereof | 12 | | was returned to the employer.
| 13 | | (d) No camp counselor who resides on the premises of a | 14 | | seasonal camp of
an organized not-for-profit corporation shall | 15 | | be subject to the adult minimum
wage if the camp counselor (1) | 16 | | works 40 or more hours per week, and (2)
receives a total | 17 | | weekly salary of not less than the adult minimum
wage for a | 18 | | 40-hour week. If the counselor works less than 40 hours per
| 19 | | week, the counselor shall be paid the minimum hourly wage for | 20 | | each hour
worked. Every employer of a camp counselor under this | 21 | | subsection is entitled
to an allowance for meals and lodging as | 22 | | part of the hourly wage rate provided
in Section 4, subsection | 23 | | (a), in an amount not to exceed 25% of the
minimum wage rate.
| 24 | | (e) A camp counselor employed at a day camp is not subject | 25 | | to the adult minimum wage if the
camp counselor is paid a | 26 | | stipend on a onetime or periodic basis and, if
the camp |
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| 1 | | counselor is a minor, the minor's parent, guardian or other
| 2 | | custodian has consented in writing to the terms of payment | 3 | | before the
commencement of such employment.
| 4 | | (Source: P.A. 101-1, eff. 2-19-19.)
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