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90_HB0633
820 ILCS 105/4 from Ch. 48, par. 1004
Amends the Minimum Wage Law. In provisions setting forth
the minimum wage, creates an exception "for a new employee
under the age of 20 years for the first 90 calendar days of
employment at a rate of $4.25 per hour as a youth training
wage". In provisions giving an employer an allowance for
gratuities, deletes language limiting the allowance to not
more than 40% of the applicable minimum wage rate; and
inserts language providing that "where an allowance for
gratuities is permitted, the cash wage paid shall not exceed
$2.85 per hour". Effective immediately.
LRB9001369XXmg
LRB9001369XXmg
1 AN ACT to amend the Minimum Wage Law by changing Section
2 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Minimum Wage Law is amended by changing
6 Section 4 as follows:
7 (820 ILCS 105/4) (from Ch. 48, par. 1004)
8 Sec. 4. (a) Every employer shall pay to each of his
9 employees in every occupation wages of not less than $2.30
10 per hour or in the case of employees under 18 years of age
11 wages of not less than $1.95 per hour, except as provided in
12 Sections 5 and 6 of this Act, and on and after January 1,
13 1984, every employer shall pay to each of his employees in
14 every occupation wages of not less than $2.65 per hour or in
15 the case of employees under 18 years of age wages of not less
16 than $2.25 per hour, and on and after October 1, 1984 every
17 employer shall pay to each of his employees in every
18 occupation wages of not less than $3.00 per hour or in the
19 case of employees under 18 years of age wages of not less
20 than $2.55 per hour and on and after July 1, 1985 every
21 employer shall pay to each of his employees in every
22 occupation wages of not less than $3.35 per hour or in the
23 case of employees under 18 years of age wages of not less
24 than $2.85 per hour.
25 At no time shall the wages paid by every employer to each
26 of his employees in every occupation be less than the federal
27 minimum hourly wage prescribed by Section 206(a)(1) of Title
28 29 of the United States Code, and at no time shall the wages
29 paid to any employee under 18 years of age be more than 50¢
30 less than the wage required to be paid to employees who are
31 at least 18 years of age; except for a new employee under the
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1 age of 20 years for the first 90 calendar days of employment
2 at a rate of $4.25 per hour as a youth training wage.
3 (b) No employer shall discriminate between employees on
4 the basis of sex or mental or physical handicap, except as
5 otherwise provided in this Act by paying wages to employees
6 at a rate less than the rate at which he pays wages to
7 employees for the same or substantially similar work on jobs
8 the performance of which requires equal skill, effort, and
9 responsibility, and which are performed under similar working
10 conditions, except where such payment is made pursuant to (1)
11 a seniority system; (2) a merit system; (3) a system which
12 measures earnings by quantity or quality of production; or
13 (4) a differential based on any other factor other than sex
14 or mental or physical handicap, except as otherwise provided
15 in this Act.
16 (c) Every employer of an employee engaged in an
17 occupation in which gratuities have customarily and usually
18 constituted and have been recognized as part of the
19 remuneration for hire purposes is entitled to an allowance
20 for gratuities as part of the hourly wage rate provided in
21 Section 4, subsection (a) in an amount not to exceed 40% of
22 the applicable minimum wage rate. Where an allowance for
23 gratuities is permitted, the cash wage paid shall not exceed
24 $2.85 per hour. The Director shall require each employer
25 desiring an allowance for gratuities to provide substantial
26 evidence that the amount claimed, which may not exceed 40% of
27 the applicable minimum wage rate, was received by the
28 employee in the period for which the claim of exemption is
29 made, and no part thereof was returned to the employer.
30 (d) No camp counselor who resides on the premises of a
31 seasonal camp of an organized not-for-profit corporation
32 shall be subject to the adult minimum wage if the camp
33 counselor (1) works 40 or more hours per week, and (2)
34 receives a total weekly salary of not less than the adult
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1 minimum wage for a 40-hour week. If the counselor works less
2 than 40 hours per week, the counselor shall be paid the
3 minimum hourly wage for each hour worked. Every employer of
4 a camp counselor under this subsection is entitled to an
5 allowance for meals and lodging as part of the hourly wage
6 rate provided in Section 4, subsection (a), in an amount not
7 to exceed 25% of the minimum wage rate.
8 (e) A camp counselor employed at a day camp of an
9 organized not-for-profit corporation is not subject to the
10 adult minimum wage if the camp counselor is paid a stipend on
11 a onetime or periodic basis and, if the camp counselor is a
12 minor, the minor's parent, guardian or other custodian has
13 consented in writing to the terms of payment before the
14 commencement of such employment.
15 (Source: P.A. 86-502.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.