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Rep. Larry McKeon
Filed: 11/28/2006
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| AMENDMENT TO SENATE BILL 1268
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| AMENDMENT NO. ______. Amend Senate Bill 1268 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Minimum Wage Law is amended by changing |
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| Sections 4 and 6 as follows:
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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 |
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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 |
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| 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 from
on |
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| and after January 1,
2005 through June 30, 2007 every employer |
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| shall pay to each of his or her employees who is 18 years
of age |
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| or older in every occupation wages of not less than $6.50 per |
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| hour, and from July 1, 2007 through June 30, 2008 every |
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| employer shall pay to each of his or her employees who is 18 |
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| years
of age or older in every occupation wages of not less |
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| than $7.50 per hour, and from July 1, 2008 through June 30, |
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| 2009 every employer shall pay to each of his or her employees |
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| who is 18 years
of age or older in every occupation wages of |
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| not less than $7.75 per hour, and from July 1, 2009 through |
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| June 30, 2010 every employer shall pay to each of his or her |
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| employees who is 18 years
of age or older in every occupation |
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| wages of not less than $8.00 per hour, and on and after July 1, |
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| 2010 every employer shall pay to each of his or her employees |
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| who is 18 years of age or older in every occupation wages of |
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| not less than $8.25 per hour.
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| (2) Unless an employee's wages are reduced under Section 6, |
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| then in lieu of the rate prescribed in item (1) of this |
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| subsection (a), an employer may pay an employee who is 18 years |
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| of age or older, during the first 90 consecutive calendar days |
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| after the employee is initially employed by the employer, a |
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| wage that is not more than 50¢
less than the wage prescribed in |
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| item (1) of this subsection (a). |
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| (3) At no time
shall the wages paid to any employee under |
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| 18 years of age be more than 50¢
less than the wage required to |
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| be paid to employees who are at least 18 years
of age under |
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| item (1) of this subsection (a).
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| (b) No employer shall discriminate between employees on the |
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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 |
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| 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) Every employer of an employee engaged in an
occupation |
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| in which gratuities have customarily and usually constituted |
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| and
have been recognized as part of the remuneration for hire |
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| purposes is
entitled to an allowance for gratuities as part of |
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| the hourly wage rate
provided in Section 4, subsection (a) in |
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| an amount not to exceed 40% of the
applicable minimum wage |
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| rate. The Director shall require each employer
desiring an |
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| allowance for gratuities to provide substantial evidence that
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| the amount claimed, which may not exceed 40% of the applicable |
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| minimum wage
rate, was received by the employee in the period |
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| for which the claim of
exemption is made, and no part thereof |
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| 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.)
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| (820 ILCS 105/6) (from Ch. 48, par. 1006)
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| Sec. 6. (a) For any occupation, the Director may provide by
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| regulation for the employment in that occupation of learners at |
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| such
wages lower than the minimum wage provided in items (1) |
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| and (3) of
Section 4, subsection (a)
of Section 4 as the |
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| Director may find appropriate to prevent curtailment of
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| opportunities for employment and to safeguard the minimum wage |
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| rate of
this Act.
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| (b) Where the Director has provided by regulation for the |
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| employment
of learners, such regulations are subject to |
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| provisions hereinafter set
forth and to such additional terms |
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| and conditions as may be established
in supplemental |
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| regulations applicable to the employment of learners in
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| particular industries.
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| (c) In any occupation, every employer may pay a subminimum |
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| wage to
learners during their period of learning. However, |
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| under no
circumstances, may
an employer pay a learner a wage |
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| less than 70% of the minimum wage rate
provided in item (1) of
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| Section 4, subsection (a) of Section 4 of this Act for |
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| employees 18 years
of age or older.
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| (d) No person is deemed a learner in any occupation for |
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| which he has
completed the required training; and in no case |
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| may a person be deemed a
learner in that occupation after 6 |
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| months of such training, except where
the Director finds, after |
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| investigation, that for the particular
occupation a
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| minimum of proficiency cannot be acquired in 6 months.
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| (Source: P.A. 81-1144.)
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| Section 99. Effective date. This Act takes effect July 1, |