Full Text of HB5729 97th General Assembly
HB5729 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5729 Introduced 2/16/2012, by Rep. Esther Golar SYNOPSIS AS INTRODUCED: |
| 820 ILCS 105/2 | from Ch. 48, par. 1002 | 820 ILCS 105/5 | from Ch. 48, par. 1005 |
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Amends the Minimum Wage Law. Provides that a lower minimum wage for individuals whose earning capacity is impaired by age or by physical or mental deficiency or injury may not be less than 70% of the basic minimum wage. Provides that a special license issued by the Director of Labor to provide for a lower minimum wage may be only for a period of 6 months unless granted for a longer period based upon a showing of good cause.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB5729 | | LRB097 19011 JLS 64250 b |
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| 1 | | AN ACT concerning wages.
| 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 | | Sections 2 and 5 as follows:
| 6 | | (820 ILCS 105/2) (from Ch. 48, par. 1002)
| 7 | | Sec. 2.
The General Assembly finds that the existence in | 8 | | industries, trades or
business, or branches thereof, including | 9 | | offices, mercantile establishments
and all other places of | 10 | | employment in the State of Illinois covered by this
Act, of | 11 | | conditions detrimental to the maintenance of the minimum | 12 | | standard
of living necessary for the health, efficiency and | 13 | | general well-being of
workers, leads to labor disputes, and | 14 | | places burdens on the State, and all
other subordinate | 15 | | political bodies thereof, to assist and supply necessary
moneys | 16 | | and goods to workers and their families to aid them to exist on | 17 | | a
minimum budget for their needs, and thus places an | 18 | | unnecessary burden on
the taxpayers of this State. The General | 19 | | Assembly also finds that employees with disabilities, when | 20 | | provided the proper supported and customized services, | 21 | | training, and tools, can be as productive as non-disabled | 22 | | employees. Even those individuals who are severely disabled | 23 | | have been able to successfully obtain employment earning |
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| 1 | | minimum wage or higher and have been found to be very loyal | 2 | | employees. Disability should in no way diminish the opportunity | 3 | | of citizens to be independent and economically | 4 | | self-sufficient. People with disabilities should enjoy a | 5 | | presumption that they can achieve integrated, non-segregated, | 6 | | employment. "Integrated employment" means work compensated at | 7 | | the greater of minimum or competitive wage with related | 8 | | employment benefits occurring in a typical work setting where | 9 | | the disabled employee has the opportunity to interact | 10 | | continuously with non-disabled co-workers and has the | 11 | | opportunity for advancement and upward mobility. Therefore, it | 12 | | is the policy of this Act to
establish a minimum wage standard | 13 | | for workers at a level consistent with
their health, efficiency | 14 | | and general well-being; to safeguard such minimum
wage against | 15 | | the unfair competition of wage and hour standards which do not
| 16 | | provide such adequate standards of living; and to sustain | 17 | | purchasing power
and increase employment opportunities.
| 18 | | It is against public policy for an employer to pay to his | 19 | | employees an
amount less than that fixed by this Act. Payment | 20 | | of any amount less than
herein fixed is an unreasonable and | 21 | | oppressive wage, and less than
sufficient to meet the minimum | 22 | | cost of living necessary for health. Any
contract, agreement or | 23 | | understanding for or in relation to such
unreasonable and | 24 | | oppressive wage for any employment covered by this Act is
void.
| 25 | | (Source: P.A. 77-1451.)
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| 1 | | (820 ILCS 105/5) (from Ch. 48, par. 1005)
| 2 | | Sec. 5.
The Director may provide by regulation for the | 3 | | employment in any
occupation of individuals whose earning | 4 | | capacity is impaired by age, or
physical or mental deficiency | 5 | | or injury at such wages lower than the
minimum wage rate | 6 | | provided in Section 4, subsection (a), as he may find
| 7 | | appropriate to prevent curtailment of opportunities for | 8 | | employment, to
avoid undue hardship, and to safeguard the | 9 | | minimum wage rate of this Act,
except that no person who | 10 | | maintains a production level within the limits
required of | 11 | | other employees may be paid at less than the minimum wage. No
| 12 | | employee shall be employed at wages fixed pursuant to this | 13 | | Section except
under a special license issued under applicable | 14 | | regulations of the
Director. A special license may not | 15 | | authorize a wage that is less than 70% of the minimum wage rate | 16 | | provided in item (1) of subsection (a) of Section 4 of this | 17 | | Act. A special license may not authorize payment of less than | 18 | | the minimum wage for more than 6 months unless the Director | 19 | | authorizes a longer period based upon a showing of good cause.
| 20 | | (Source: P.A. 77-1451.)
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