|
Sen. Emil Jones Jr.
Filed: 11/14/2006
|
|
09400SB1275sam001 |
|
LRB094 04924 WGH 60417 a |
|
|
1 |
| AMENDMENT TO SENATE BILL 1275
|
2 |
| AMENDMENT NO. ______. Amend Senate Bill 1275 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) Every employer shall pay to each of his |
8 |
| employees in every
occupation wages of not less than $2.30 per |
9 |
| hour or in the case of
employees under 18 years of age wages of |
10 |
| not less than $1.95 per hour,
except as provided in Sections 5 |
11 |
| and 6 of this Act, and on and after
January 1, 1984, every |
12 |
| employer shall pay to each of his employees in every
occupation |
13 |
| wages of not less than $2.65 per hour or in the case of
|
14 |
| employees under 18 years of age wages of not less than $2.25 |
15 |
| per hour, and
on and after October 1, 1984 every employer shall |
16 |
| pay to each of his
employees in every occupation wages of not |
17 |
| 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 |
19 |
| after July 1, 1985 every employer shall pay to each of
his |
20 |
| employees in every occupation wages of not less than $3.35 per |
21 |
| hour or
in the case of employees under 18 years of age wages of |
22 |
| not less than $2.85
per hour,
and from January 1, 2004 through |
23 |
| December 31, 2004 every employer shall pay
to
each of his or |
24 |
| her employees who is 18 years of age or older in every
|
|
|
|
09400SB1275sam001 |
- 2 - |
LRB094 04924 WGH 60417 a |
|
|
1 |
| occupation wages of not less than $5.50 per hour, and from
on |
2 |
| and after January 1,
2005 through June 30, 2007 every employer |
3 |
| shall pay to each of his or her employees who is 18 years
of age |
4 |
| or older in every occupation wages of not less than $6.50 per |
5 |
| hour , and from July 1, 2007 through December 31, 2007 every |
6 |
| employer shall pay to each of his or her employees in every |
7 |
| occupation wages of not less than $7.50 per hour. |
8 |
| Beginning on January 1, 2008, every employer shall pay each |
9 |
| of his or her employees at a
rate of not less than the |
10 |
| then-current adjusted minimum wage rate established under this |
11 |
| subsection (a) or the federal minimum hourly wage prescribed by |
12 |
| Section 206(a)(1) of Title 29 of the United States Code, |
13 |
| whichever is higher .
|
14 |
| On September 30, 2007, and on each following September |
15 |
| 30th, the
Department of Labor shall calculate an adjusted |
16 |
| minimum wage rate to
maintain employee purchasing power by |
17 |
| increasing the then-current
minimum wage rate by the rate of |
18 |
| inflation. The adjusted minimum wage
rate shall be calculated |
19 |
| to the nearest 5-cent increment using the consumer price
index |
20 |
| for urban wage earners and clerical workers, CPI-W, or a
|
21 |
| successor index, for the 12 months prior to September 1st of |
22 |
| the then-current year as
calculated by the United States |
23 |
| Department of Labor. Each adjusted
minimum wage rate calculated |
24 |
| under this subsection (a) takes effect on
the following January |
25 |
| 1st, with the first adjusted minimum wage rate to take effect |
26 |
| on January 1, 2008. |
27 |
| At no time
shall the wages paid to any employee under 18 |
28 |
| years of age be more than 50¢
less than the wage required to be |
29 |
| paid to employees who are at least 18 years
of age.
|
30 |
| (b) No employer shall discriminate between employees on the |
31 |
| basis of sex
or mental or physical handicap, except as |
32 |
| otherwise provided in this Act by
paying wages to employees at |
33 |
| a rate less than the rate at which he pays
wages to employees |
34 |
| for the same or substantially
similar work on jobs the |
|
|
|
09400SB1275sam001 |
- 3 - |
LRB094 04924 WGH 60417 a |
|
|
1 |
| performance of which requires equal skill, effort,
and |
2 |
| responsibility, and which are performed under similar working
|
3 |
| conditions, except where such payment is made pursuant to (1) a |
4 |
| seniority
system; (2) a merit system; (3) a system which |
5 |
| measures earnings by
quantity or quality of production; or (4) |
6 |
| a differential based on any other
factor other than sex or |
7 |
| mental or physical handicap, except as otherwise
provided in |
8 |
| this Act.
|
9 |
| (c) Every employer of an employee engaged in an
occupation |
10 |
| in which gratuities have customarily and usually constituted |
11 |
| and
have been recognized as part of the remuneration for hire |
12 |
| purposes is
entitled to an allowance for gratuities as part of |
13 |
| the hourly wage rate
provided in Section 4, subsection (a) in |
14 |
| an amount not to exceed 40% of the
applicable minimum wage |
15 |
| rate. The Director shall require each employer
desiring an |
16 |
| allowance for gratuities to provide substantial evidence that
|
17 |
| the amount claimed, which may not exceed 40% of the applicable |
18 |
| minimum wage
rate, was received by the employee in the period |
19 |
| for which the claim of
exemption is made, and no part thereof |
20 |
| was returned to the employer.
|
21 |
| (d) No camp counselor who resides on the premises of a |
22 |
| seasonal camp of
an organized not-for-profit corporation shall |
23 |
| be subject to the adult minimum
wage if the camp counselor (1) |
24 |
| works 40 or more hours per week, and (2)
receives a total |
25 |
| weekly salary of not less than the adult minimum
wage for a |
26 |
| 40-hour week. If the counselor works less than 40 hours per
|
27 |
| week, the counselor shall be paid the minimum hourly wage for |
28 |
| each hour
worked. Every employer of a camp counselor under this |
29 |
| subsection is entitled
to an allowance for meals and lodging as |
30 |
| part of the hourly wage rate provided
in Section 4, subsection |
31 |
| (a), in an amount not to exceed 25% of the
minimum wage rate.
|
32 |
| (e) A camp counselor employed at a day camp of an organized
|
33 |
| not-for-profit corporation is not subject to the adult minimum |
34 |
| wage if the
camp counselor is paid a stipend on a onetime or |