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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Minimum Wage Law is amended by changing | |||||||||||||||||||
5 | Section 4 as follows:
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6 | (820 ILCS 105/4) (from Ch. 48, par. 1004)
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7 | Sec. 4. (a)(1) 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
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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 |
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1 | her employees who is 18 years of age or older in every
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2 | occupation wages of not less than $5.50 per hour, and from
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3 | January 1,
2005 through June 30, 2007 every employer shall pay | ||||||
4 | to each of his or her employees who is 18 years
of age or older | ||||||
5 | in every occupation wages of not less than $6.50 per hour, and | ||||||
6 | from July 1, 2007 through June 30, 2008 every employer shall | ||||||
7 | pay to each of his or her employees who is 18 years
of age or | ||||||
8 | older in every occupation wages of not less than $7.50 per | ||||||
9 | hour, and from July 1, 2008 through June 30, 2009 every | ||||||
10 | employer shall pay to each of his or her employees who is 18 | ||||||
11 | years
of age or older in every occupation wages of not less | ||||||
12 | than $7.75 per hour, and from July 1, 2009 through June 30, | ||||||
13 | 2010 every employer shall pay to each of his or her employees | ||||||
14 | who is 18 years
of age or older in every occupation wages of | ||||||
15 | not less than $8.00 per hour, and on and after July 1, 2010 | ||||||
16 | every employer shall pay to each of his or her employees who is | ||||||
17 | 18 years of age or older in every occupation wages of not less | ||||||
18 | than $8.25 per hour.
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19 | (2) Unless an employee's wages are reduced under Section 6, | ||||||
20 | then in lieu of the rate prescribed in item (1) of this | ||||||
21 | subsection (a), an employer may pay an employee who is 18 years | ||||||
22 | of age or older, during the first 90 consecutive calendar days | ||||||
23 | after the employee is initially employed by the employer, a | ||||||
24 | wage that is not more than 50¢
less than the wage prescribed in | ||||||
25 | item (1) of this subsection (a); however, an employer shall pay | ||||||
26 | not less than the rate prescribed in item (1) of this |
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1 | subsection (a) to: | ||||||
2 | (A) a day or temporary laborer, as defined in Section 5 | ||||||
3 | of the Day and Temporary Labor Services Act, who is 18 | ||||||
4 | years of age or older; and | ||||||
5 | (B) an employee who is 18 years of age or older and | ||||||
6 | whose employment is occasional or irregular and
requires | ||||||
7 | not more than 90 days to complete. | ||||||
8 | (3) At no time
shall the wages paid to any employee under | ||||||
9 | 18 years of age be more than 50¢
less than the wage required to | ||||||
10 | be paid to employees who are at least 18 years
of age under | ||||||
11 | item (1) of this subsection (a).
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12 | (b) No employer shall discriminate between employees on the | ||||||
13 | basis of sex
or mental or physical handicap, except as | ||||||
14 | otherwise provided in this Act by
paying wages to employees at | ||||||
15 | a rate less than the rate at which he pays
wages to employees | ||||||
16 | for the same or substantially
similar work on jobs the | ||||||
17 | performance of which requires equal skill, effort,
and | ||||||
18 | responsibility, and which are performed under similar working
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19 | conditions, except where such payment is made pursuant to (1) a | ||||||
20 | seniority
system; (2) a merit system; (3) a system which | ||||||
21 | measures earnings by
quantity or quality of production; or (4) | ||||||
22 | a differential based on any other
factor other than sex or | ||||||
23 | mental or physical handicap, except as otherwise
provided in | ||||||
24 | this Act.
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25 | (c) Every employer of an employee engaged in an
occupation | ||||||
26 | in which gratuities have customarily and usually constituted |
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1 | and
have been recognized as part of the remuneration for hire | ||||||
2 | purposes is
entitled to an allowance for gratuities as part of | ||||||
3 | the hourly wage rate
provided in Section 4, subsection (a) in | ||||||
4 | an amount not to exceed 40% of the
applicable minimum wage | ||||||
5 | rate. The Director shall require each employer
desiring an | ||||||
6 | allowance for gratuities to provide substantial evidence that
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7 | the amount claimed, which may not exceed 40% of the applicable | ||||||
8 | minimum wage
rate, was received by the employee in the period | ||||||
9 | for which the claim of
exemption is made, and no part thereof | ||||||
10 | was returned to the employer.
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11 | (d) No camp counselor who resides on the premises of a | ||||||
12 | seasonal camp of
an organized not-for-profit corporation shall | ||||||
13 | be subject to the adult minimum
wage if the camp counselor (1) | ||||||
14 | works 40 or more hours per week, and (2)
receives a total | ||||||
15 | weekly salary of not less than the adult minimum
wage for a | ||||||
16 | 40-hour week. If the counselor works less than 40 hours per
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17 | week, the counselor shall be paid the minimum hourly wage for | ||||||
18 | each hour
worked. Every employer of a camp counselor under this | ||||||
19 | subsection is entitled
to an allowance for meals and lodging as | ||||||
20 | part of the hourly wage rate provided
in Section 4, subsection | ||||||
21 | (a), in an amount not to exceed 25% of the
minimum wage rate.
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22 | (e) A camp counselor employed at a day camp of an organized
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23 | not-for-profit corporation is not subject to the adult minimum | ||||||
24 | wage if the
camp counselor is paid a stipend on a onetime or | ||||||
25 | periodic basis and, if
the camp counselor is a minor, the | ||||||
26 | minor's parent, guardian or other
custodian has consented in |
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1 | writing to the terms of payment before the
commencement of such | ||||||
2 | employment.
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3 | (Source: P.A. 93-581, eff. 1-1-04; 94-1072, eff. 7-1-07; | ||||||
4 | 94-1102, eff. 7-1-07 .)
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