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Public Act 095-0945
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| HB4583 Enrolled |
LRB095 16440 WGH 42465 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Minimum Wage Law is amended by changing |
Sections 3 and 4 as follows:
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(820 ILCS 105/3) (from Ch. 48, par. 1003)
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Sec. 3. As used in this Act:
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(a) "Director" means the Director of the Department of |
Labor, and
"Department" means the Department of Labor.
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(b) "Wages" means compensation due to an employee by reason |
of his
employment, including allowances determined by the |
Director in
accordance with the provisions of this Act for |
gratuities and, when
furnished by the employer, for meals and |
lodging actually used by the
employee.
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(c) "Employer" includes any individual, partnership, |
association,
corporation, limited liability company, business |
trust, governmental or quasi-governmental body, or
any person |
or group of persons acting directly or indirectly in the
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interest of an employer in relation to an employee, for which |
one or
more persons are gainfully employed on some day within a |
calendar year.
An employer is subject to this Act in a calendar |
year on and after the
first day in such calendar year in which |
he employs one or more persons,
and for the following calendar |
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year.
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(d) "Employee" includes any individual permitted to work by |
an
employer in an occupation, but does not include any |
individual permitted
to work:
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(1) For an employer employing fewer than 4 employees |
exclusive of
the employer's parent, spouse or child or |
other members of his immediate
family.
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(2) As an employee employed in agriculture or |
aquaculture (A) if such
employee is
employed by an employer |
who did not, during any calendar quarter during
the |
preceding calendar year, use more than 500 man-days of |
agricultural
or aquacultural
labor, (B) if such employee is |
the parent, spouse or child, or other
member of the |
employer's immediate family, (C) if such employee (i) is
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employed as a hand harvest laborer and is paid on a piece |
rate basis in
an operation which has been, and is |
customarily and generally recognized
as having been, paid |
on a piece rate basis in the region of employment,
(ii) |
commutes daily from his permanent residence to the farm on |
which he
is so employed, and (iii) has been employed in |
agriculture less than 13
weeks during the preceding |
calendar year, (D) if such employee (other
than an employee |
described in clause (C) of this subparagraph): (i) is
16 |
years of age or under and is employed as a hand harvest |
laborer, is paid
on a piece rate basis in an operation |
which has been, and is customarily
and generally recognized |
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as having been, paid on a piece rate basis in
the region of |
employment, (ii) is employed on the same farm as his
parent |
or person standing in the place of his parent, and (iii) is |
paid
at the same piece rate as employees over 16 are paid |
on the same farm.
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(3) In domestic service in or about a private home.
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(4) As an outside salesman.
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(5) As a member of a religious corporation or |
organization.
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(6) At an accredited Illinois college or university |
employed by the
college
or university at which he is a |
student who is covered under the provisions
of the Fair |
Labor Standards Act of 1938, as heretofore or hereafter
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amended.
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(7) For a motor carrier and with respect to whom the |
U.S. Secretary of
Transportation has the power to establish |
qualifications and maximum hours of
service under the |
provisions of Title 49 U.S.C. or the State of Illinois |
under
Section 18b-105 (Title 92 of the Illinois |
Administrative Code, Part 395 -
Hours of Service of |
Drivers) of the Illinois Vehicle
Code.
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The above exclusions from the term "employee" may be |
further defined
by regulations of the Director.
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(e) "Occupation" means an industry, trade, business or |
class of work
in which employees are gainfully employed.
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(f) "Gratuities" means voluntary monetary contributions to |
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an
employee from a guest, patron or customer in connection with |
services
rendered.
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(g) "Outside salesman" means an employee regularly engaged |
in making
sales or obtaining orders or contracts for services |
where a major
portion of such duties are performed away from |
his employer's place of
business.
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(h) "Day camp" means a seasonal recreation program in |
operation for no more than 16 weeks intermittently throughout |
the calendar year, accommodating for profit or under |
philanthropic or charitable auspices, 5 or more children under |
18 years of age, not including overnight programs. The term |
"day camp" does not include a "day care agency", "child care |
facility" or "foster family home" as licensed by the Illinois |
Department of Children and Family Services. |
(Source: P.A. 94-1025, eff. 7-14-06.)
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(820 ILCS 105/4) (from Ch. 48, par. 1004)
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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
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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 |
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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
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occupation wages of not less than $5.50 per hour, and from
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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.
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(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).
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(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
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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.
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(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
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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.
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(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
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week, the counselor shall be paid the minimum hourly wage for |
each hour
worked. Every employer of a camp counselor under this |
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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.
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(e) A camp counselor employed at a day camp of an organized
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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.
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(Source: P.A. 93-581, eff. 1-1-04; 94-1072, eff. 7-1-07; |
94-1102, eff. 7-1-07.)
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