Public Act 094-1102
 
HB3752 Enrolled LRB094 10273 WGH 40541 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. If and only if Senate Bill 1268 of the 94th
General Assembly becomes law as that bill was amended by House
Amendment No. 3, the Minimum Wage Law is amended by changing
Section 4 as follows:
 
    (820 ILCS 105/4)  (from Ch. 48, par. 1004)
    Sec. 4. (a)(1) Every employer shall pay to each of his
employees in every occupation wages of not less than $2.30 per
hour or in the case of employees under 18 years of age wages of
not less than $1.95 per hour, except as provided in Sections 5
and 6 of this Act, and on and after January 1, 1984, every
employer shall pay to each of his employees in every occupation
wages of not less than $2.65 per hour or in the case of
employees under 18 years of age wages of not less than $2.25
per hour, and on and after October 1, 1984 every employer shall
pay to each of his employees in every occupation wages of not
less than $3.00 per hour or in the case of employees under 18
years of age wages of not less than $2.55 per hour, and on or
after July 1, 1985 every employer shall pay to each of his
employees in every occupation wages of not less than $3.35 per
hour or in the case of employees under 18 years of age wages of
not less than $2.85 per hour, and from January 1, 2004 through
December 31, 2004 every employer shall pay to each of his or
her employees who is 18 years of age or older in every
occupation wages of not less than $5.50 per hour, and from
January 1, 2005 through June 30, 2007 every employer shall pay
to each of his or her employees who is 18 years of age or older
in every occupation wages of not less than $6.50 per hour, and
from July 1, 2007 through June 30, 2008 every employer shall
pay to each of his or her employees who is 18 years of age or
older in every occupation wages of not less than $7.50 per
hour, and from July 1, 2008 through June 30, 2009 every
employer shall pay to each of his or her employees who is 18
years of age or older in every occupation wages of not less
than $7.75 per hour, and from July 1, 2009 through June 30,
2010 every employer shall pay to each of his or her employees
who is 18 years of age or older in every occupation wages of
not less than $8.00 per hour, and on and after July 1, 2010
every employer shall pay to each of his or her employees who is
18 years of age or older in every occupation wages of not less
than $8.25 per hour.
    (2) Unless an employee's wages are reduced under Section 6,
then in lieu of the rate prescribed in item (1) of this
subsection (a), an employer may pay an employee who is 18 years
of age or older, during the first 90 consecutive calendar days
after the employee is initially employed by the employer, a
wage that is not more than 50 less than the wage prescribed in
item (1) of this subsection (a); however, an employer shall pay
not less than the rate prescribed in item (1) of this
subsection (a) to:
        (A) a day or temporary laborer, as defined in Section 5
    of the Day and Temporary Labor Services Act, who is 18
    years of age or older; and
        (B) an employee who is 18 years of age or older and
    whose employment is occasional or irregular and requires
    not more than 90 days to complete.
    (3) At no time shall the wages paid to any employee under
18 years of age be more than 50 less than the wage required to
be paid to employees who are at least 18 years of age under
item (1) of this subsection (a).
    (b) No employer shall discriminate between employees on the
basis of sex or mental or physical handicap, except as
otherwise provided in this Act by paying wages to employees at
a rate less than the rate at which he pays wages to employees
for the same or substantially similar work on jobs the
performance of which requires equal skill, effort, and
responsibility, and which are performed under similar working
conditions, except where such payment is made pursuant to (1) a
seniority system; (2) a merit system; (3) a system which
measures earnings by quantity or quality of production; or (4)
a differential based on any other factor other than sex or
mental or physical handicap, except as otherwise provided in
this Act.
    (c) Every employer of an employee engaged in an occupation
in which gratuities have customarily and usually constituted
and have been recognized as part of the remuneration for hire
purposes is entitled to an allowance for gratuities as part of
the hourly wage rate provided in Section 4, subsection (a) in
an amount not to exceed 40% of the applicable minimum wage
rate. The Director shall require each employer desiring an
allowance for gratuities to provide substantial evidence that
the amount claimed, which may not exceed 40% of the applicable
minimum wage rate, was received by the employee in the period
for which the claim of exemption is made, and no part thereof
was returned to the employer.
    (d) No camp counselor who resides on the premises of a
seasonal camp of an organized not-for-profit corporation shall
be subject to the adult minimum wage if the camp counselor (1)
works 40 or more hours per week, and (2) receives a total
weekly salary of not less than the adult minimum wage for a
40-hour week. If the counselor works less than 40 hours per
week, the counselor shall be paid the minimum hourly wage for
each hour worked. Every employer of a camp counselor under this
subsection is entitled to an allowance for meals and lodging as
part of the hourly wage rate provided in Section 4, subsection
(a), in an amount not to exceed 25% of the minimum wage rate.
    (e) A camp counselor employed at a day camp of an organized
not-for-profit corporation is not subject to the adult minimum
wage if the camp counselor is paid a stipend on a onetime or
periodic basis and, if the camp counselor is a minor, the
minor's parent, guardian or other custodian has consented in
writing to the terms of payment before the commencement of such
employment.
(Source: P.A. 93-581, eff. 1-1-04; 94SB1268ham003.)
 
    Section 99. Effective date. This Act takes effect July 1,
2007.

Effective Date: 7/1/2007