093_SB0600sam001
LRB093 03347 WGH 11659 a
1 AMENDMENT TO SENATE BILL 600
2 AMENDMENT NO. . Amend Senate Bill 600 by replacing
3 everything after the enacting clause with the following:
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) Beginning January 1, 2004, and until
8 January 1, 2005, every employer shall pay, to each of his or
9 her employees who has reached the age of 18 years, wages at a
10 rate of not less than $6.50 per hour.
11 Beginning on January 1, 2005, every employer shall pay to
12 each of his or her employees who has reached the age of 18
13 years wages at a rate of not less than the amount established
14 under this subsection (a).
15 On September 30, 2004, and on each following September
16 30th, the Department of Labor shall calculate an adjusted
17 minimum wage rate to maintain employee purchasing power by
18 increasing the current year's minimum wage rate by the rate
19 of inflation. The adjusted minimum wage rate shall be
20 calculated to the nearest cent using the consumer price index
21 for urban wage earners and clerical workers, CPI-W, or a
22 successor index, for the 12 months prior to each September
-2- LRB093 03347 WGH 11659 a
1 1st as calculated by the United States Department of Labor.
2 Each adjusted minimum wage rate calculated under this
3 subsection (a) takes effect on the following January 1st.
4 Every employer shall pay to each of his employees in every
5 occupation wages of not less than $2.30 per hour or in the
6 case of employees under 18 years of age wages of not less
7 than $1.95 per hour, except as provided in Sections 5 and 6
8 of this Act, and on and after January 1, 1984, every employer
9 shall pay to each of his employees in every occupation wages
10 of not less than $2.65 per hour or in the case of employees
11 under 18 years of age wages of not less than $2.25 per hour,
12 and on and after October 1, 1984 every employer shall pay to
13 each of his employees in every occupation wages of not less
14 than $3.00 per hour or in the case of employees under 18
15 years of age wages of not less than $2.55 per hour and on and
16 after July 1, 1985 every employer shall pay to each of his
17 employees in every occupation wages of not less than $3.35
18 per hour or in the case of employees under 18 years of age
19 wages of not less than $2.85 per hour.
20 At no time shall the wages paid by every employer to each
21 of his employees in every occupation be less than the federal
22 minimum hourly wage prescribed by Section 206(a)(1) of Title
23 29 of the United States Code, and at no time shall the wages
24 paid to any employee under 18 years of age be more than 50¢
25 less than the wage required to be paid to employees who are
26 at least 18 years of age.
27 (b) No employer shall discriminate between employees on
28 the basis of sex or mental or physical handicap, except as
29 otherwise provided in this Act by paying wages to employees
30 at a rate less than the rate at which he pays wages to
31 employees for the same or substantially similar work on jobs
32 the performance of which requires equal skill, effort, and
33 responsibility, and which are performed under similar working
34 conditions, except where such payment is made pursuant to (1)
-3- LRB093 03347 WGH 11659 a
1 a seniority system; (2) a merit system; (3) a system which
2 measures earnings by quantity or quality of production; or
3 (4) a differential based on any other factor other than sex
4 or mental or physical handicap, except as otherwise provided
5 in this Act.
6 (c) (Blank). Every employer of an employee engaged in an
7 occupation in which gratuities have customarily and usually
8 constituted and have been recognized as part of the
9 remuneration for hire purposes is entitled to an allowance
10 for gratuities as part of the hourly wage rate provided in
11 Section 4, subsection (a) in an amount not to exceed 40% of
12 the applicable minimum wage rate. The Director shall require
13 each employer desiring an allowance for gratuities to provide
14 substantial evidence that the amount claimed, which may not
15 exceed 40% of the applicable minimum wage rate, was received
16 by the employee in the period for which the claim of
17 exemption is made, and no part thereof was returned to the
18 employer.
19 (d) No camp counselor who resides on the premises of a
20 seasonal camp of an organized not-for-profit corporation
21 shall be subject to the adult minimum wage if the camp
22 counselor (1) works 40 or more hours per week, and (2)
23 receives a total weekly salary of not less than the adult
24 minimum wage for a 40-hour week. If the counselor works less
25 than 40 hours per week, the counselor shall be paid the
26 minimum hourly wage for each hour worked. Every employer of
27 a camp counselor under this subsection is entitled to an
28 allowance for meals and lodging as part of the hourly wage
29 rate provided in Section 4, subsection (a), in an amount not
30 to exceed 25% of the minimum wage rate.
31 (e) A camp counselor employed at a day camp of an
32 organized not-for-profit corporation is not subject to the
33 adult minimum wage if the camp counselor is paid a stipend on
34 a onetime or periodic basis and, if the camp counselor is a
-4- LRB093 03347 WGH 11659 a
1 minor, the minor's parent, guardian or other custodian has
2 consented in writing to the terms of payment before the
3 commencement of such employment.
4 (Source: P.A. 86-502.)".