94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0658


 
Introduced 1/28/2005, by Rep. Jack D. Franks
 
SYNOPSIS AS INTRODUCED:
 		













820 ILCS 105/4
  from Ch. 48, par. 1004







    Amends the Minimum Wage Law. Provides that an 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 is not entitled to an allowance for
gratuities as part
of the hourly wage rate (and deletes language giving an employer such an
allowance in
an amount not to exceed 40% of the applicable minimum wage rate).
















LRB094 04075 WGH 34095 b

















 


 


A BILL FOR









 











HB0658

LRB094 04075 WGH 34095 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

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Section 4 as follows:


 
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    (820 ILCS 105/4)  (from Ch. 48, par. 1004)

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    Sec. 4. (a) Every employer shall pay to each of his 
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employees in every
occupation wages of not less than $2.30 per 
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hour or in the case of
employees under 18 years of age wages of 
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not less than $1.95 per hour,
except as provided in Sections 5 
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and 6 of this Act, and on and after
January 1, 1984, every 
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employer shall pay to each of his employees in every
occupation 
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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 
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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 
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less than $3.00 per hour or in
the case of employees under 18 
18
years of age wages of not less than $2.55
per hour, and on or 
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after July 1, 1985 every employer shall pay to each of
his 
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employees in every occupation wages of not less than $3.35 per 
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hour or
in the case of employees under 18 years of age wages of 
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not less than $2.85
per hour,
and from January 1, 2004 through 
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December 31, 2004 every employer shall pay
to
each of his or 
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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 on and 
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after January 1,
2005 every employer shall pay to each of his 
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or her employees who is 18 years
of age or older in every 
28
occupation wages of not less than $6.50 per hour.


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    At no time
shall the wages paid to any employee under 18 
30
years of age be more than 50¢
less than the wage required to be 
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paid to employees who are at least 18 years
of age.


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    (b) No employer shall discriminate between employees on the 
 


 






HB0658
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basis of sex
or mental or physical handicap, except as 
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otherwise provided in this Act by
paying wages to employees at 
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a rate less than the rate at which he pays
wages to employees 
4
for the same or substantially
similar work on jobs the 
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performance of which requires equal skill, effort,
and 
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responsibility, and which are performed under similar working

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conditions, except where such payment is made pursuant to (1) a 
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seniority
system; (2) a merit system; (3) a system which 
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measures earnings by
quantity or quality of production; or (4) 
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a differential based on any other
factor other than sex or 
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mental or physical handicap, except as otherwise
provided in 
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this Act.


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    (c) An
Every employer of an employee engaged in an

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occupation in which gratuities have customarily and usually 
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constituted and
have been recognized as part of the 
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remuneration for hire purposes is not
entitled to an allowance 
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for gratuities as part of the hourly wage rate
provided in 
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Section 4, subsection (a) in an amount not to exceed 40% of the

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applicable minimum wage rate. The Director shall require each 
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employer
desiring an allowance for gratuities to provide 
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substantial evidence that
the amount claimed, which may not 
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exceed 40% of the applicable minimum wage
rate, was received by 
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the employee in the period for which the claim of
exemption is 
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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 
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seasonal camp of
an organized not-for-profit corporation shall 
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be subject to the adult minimum
wage if the camp counselor (1) 
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works 40 or more hours per week, and (2)
receives a total 
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weekly salary of not less than the adult minimum
wage for a 
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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 
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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 
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part of the hourly wage rate provided
in Section 4, subsection 
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(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 
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wage if the
camp counselor is paid a stipend on a onetime or 
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periodic basis and, if
the camp counselor is a minor, the 
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minor's parent, guardian or other
custodian has consented in 
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writing to the terms of payment before the
commencement of such 
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employment.


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(Source: P.A. 93-581, eff. 1-1-04.)