Sen. Terry Link
Filed: 5/22/2008
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1 | AMENDMENT TO HOUSE BILL 4583
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2 | AMENDMENT NO. ______. Amend House Bill 4583 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Minimum Wage Law is amended by changing | ||||||
5 | Sections 3 and 4 as follows:
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6 | (820 ILCS 105/3) (from Ch. 48, par. 1003)
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7 | Sec. 3. As used in this Act:
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8 | (a) "Director" means the Director of the Department of | ||||||
9 | Labor, and
"Department" means the Department of Labor.
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10 | (b) "Wages" means compensation due to an employee by reason | ||||||
11 | of his
employment, including allowances determined by the | ||||||
12 | Director in
accordance with the provisions of this Act for | ||||||
13 | gratuities and, when
furnished by the employer, for meals and | ||||||
14 | lodging actually used by the
employee.
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15 | (c) "Employer" includes any individual, partnership, | ||||||
16 | association,
corporation, limited liability company, business |
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1 | trust, governmental or quasi-governmental body, or
any person | ||||||
2 | or group of persons acting directly or indirectly in the
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3 | interest of an employer in relation to an employee, for which | ||||||
4 | one or
more persons are gainfully employed on some day within a | ||||||
5 | calendar year.
An employer is subject to this Act in a calendar | ||||||
6 | year on and after the
first day in such calendar year in which | ||||||
7 | he employs one or more persons,
and for the following calendar | ||||||
8 | year.
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9 | (d) "Employee" includes any individual permitted to work by | ||||||
10 | an
employer in an occupation, but does not include any | ||||||
11 | individual permitted
to work:
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12 | (1) For an employer employing fewer than 4 employees | ||||||
13 | exclusive of
the employer's parent, spouse or child or | ||||||
14 | other members of his immediate
family.
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15 | (2) As an employee employed in agriculture or | ||||||
16 | aquaculture (A) if such
employee is
employed by an employer | ||||||
17 | who did not, during any calendar quarter during
the | ||||||
18 | preceding calendar year, use more than 500 man-days of | ||||||
19 | agricultural
or aquacultural
labor, (B) if such employee is | ||||||
20 | the parent, spouse or child, or other
member of the | ||||||
21 | employer's immediate family, (C) if such employee (i) is
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22 | employed as a hand harvest laborer and is paid on a piece | ||||||
23 | rate basis in
an operation which has been, and is | ||||||
24 | customarily and generally recognized
as having been, paid | ||||||
25 | on a piece rate basis in the region of employment,
(ii) | ||||||
26 | commutes daily from his permanent residence to the farm on |
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1 | which he
is so employed, and (iii) has been employed in | ||||||
2 | agriculture less than 13
weeks during the preceding | ||||||
3 | calendar year, (D) if such employee (other
than an employee | ||||||
4 | described in clause (C) of this subparagraph): (i) is
16 | ||||||
5 | years of age or under and is employed as a hand harvest | ||||||
6 | laborer, is paid
on a piece rate basis in an operation | ||||||
7 | which has been, and is customarily
and generally recognized | ||||||
8 | as having been, paid on a piece rate basis in
the region of | ||||||
9 | employment, (ii) is employed on the same farm as his
parent | ||||||
10 | or person standing in the place of his parent, and (iii) is | ||||||
11 | paid
at the same piece rate as employees over 16 are paid | ||||||
12 | on the same farm.
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13 | (3) In domestic service in or about a private home.
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14 | (4) As an outside salesman.
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15 | (5) As a member of a religious corporation or | ||||||
16 | organization.
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17 | (6) At an accredited Illinois college or university | ||||||
18 | employed by the
college
or university at which he is a | ||||||
19 | student who is covered under the provisions
of the Fair | ||||||
20 | Labor Standards Act of 1938, as heretofore or hereafter
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21 | amended.
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22 | (7) For a motor carrier and with respect to whom the | ||||||
23 | U.S. Secretary of
Transportation has the power to establish | ||||||
24 | qualifications and maximum hours of
service under the | ||||||
25 | provisions of Title 49 U.S.C. or the State of Illinois | ||||||
26 | under
Section 18b-105 (Title 92 of the Illinois |
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1 | Administrative Code, Part 395 -
Hours of Service of | ||||||
2 | Drivers) of the Illinois Vehicle
Code.
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3 | The above exclusions from the term "employee" may be | ||||||
4 | further defined
by regulations of the Director.
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5 | (e) "Occupation" means an industry, trade, business or | ||||||
6 | class of work
in which employees are gainfully employed.
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7 | (f) "Gratuities" means voluntary monetary contributions to | ||||||
8 | an
employee from a guest, patron or customer in connection with | ||||||
9 | services
rendered.
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10 | (g) "Outside salesman" means an employee regularly engaged | ||||||
11 | in making
sales or obtaining orders or contracts for services | ||||||
12 | where a major
portion of such duties are performed away from | ||||||
13 | his employer's place of
business.
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14 | (h) "Day camp" means a seasonal recreation program in | ||||||
15 | operation for no more than 16 weeks intermittently throughout | ||||||
16 | the calendar year, accommodating for profit or under | ||||||
17 | philanthropic or charitable auspices, 5 or more children under | ||||||
18 | 18 years of age, not including overnight programs. The term | ||||||
19 | "day camp" does not include a "day care agency", "child care | ||||||
20 | facility" or "foster family home" as licensed by the Illinois | ||||||
21 | Department of Children and Family Services. | ||||||
22 | (Source: P.A. 94-1025, eff. 7-14-06.)
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23 | (820 ILCS 105/4) (from Ch. 48, par. 1004)
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24 | Sec. 4. (a)(1) Every employer shall pay to each of his | ||||||
25 | employees in every
occupation wages of not less than $2.30 per |
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1 | hour or in the case of
employees under 18 years of age wages of | ||||||
2 | not less than $1.95 per hour,
except as provided in Sections 5 | ||||||
3 | and 6 of this Act, and on and after
January 1, 1984, every | ||||||
4 | employer shall pay to each of his employees in every
occupation | ||||||
5 | wages of not less than $2.65 per hour or in the case of
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6 | employees under 18 years of age wages of not less than $2.25 | ||||||
7 | per hour, and
on and after October 1, 1984 every employer shall | ||||||
8 | pay to each of his
employees in every occupation wages of not | ||||||
9 | less than $3.00 per hour or in
the case of employees under 18 | ||||||
10 | years of age wages of not less than $2.55
per hour, and on or | ||||||
11 | after July 1, 1985 every employer shall pay to each of
his | ||||||
12 | employees in every occupation wages of not less than $3.35 per | ||||||
13 | hour or
in the case of employees under 18 years of age wages of | ||||||
14 | not less than $2.85
per hour,
and from January 1, 2004 through | ||||||
15 | December 31, 2004 every employer shall pay
to
each of his or | ||||||
16 | her employees who is 18 years of age or older in every
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17 | occupation wages of not less than $5.50 per hour, and from
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18 | January 1,
2005 through June 30, 2007 every employer shall pay | ||||||
19 | to each of his or her employees who is 18 years
of age or older | ||||||
20 | in every occupation wages of not less than $6.50 per hour, and | ||||||
21 | from July 1, 2007 through June 30, 2008 every employer shall | ||||||
22 | pay to each of his or her employees who is 18 years
of age or | ||||||
23 | older in every occupation wages of not less than $7.50 per | ||||||
24 | hour, and from July 1, 2008 through June 30, 2009 every | ||||||
25 | employer shall pay to each of his or her employees who is 18 | ||||||
26 | years
of age or older in every occupation wages of not less |
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1 | than $7.75 per hour, and from July 1, 2009 through June 30, | ||||||
2 | 2010 every employer shall pay to each of his or her employees | ||||||
3 | who is 18 years
of age or older in every occupation wages of | ||||||
4 | not less than $8.00 per hour, and on and after July 1, 2010 | ||||||
5 | every employer shall pay to each of his or her employees who is | ||||||
6 | 18 years of age or older in every occupation wages of not less | ||||||
7 | than $8.25 per hour.
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8 | (2) Unless an employee's wages are reduced under Section 6, | ||||||
9 | then in lieu of the rate prescribed in item (1) of this | ||||||
10 | subsection (a), an employer may pay an employee who is 18 years | ||||||
11 | of age or older, during the first 90 consecutive calendar days | ||||||
12 | after the employee is initially employed by the employer, a | ||||||
13 | wage that is not more than 50¢
less than the wage prescribed in | ||||||
14 | item (1) of this subsection (a); however, an employer shall pay | ||||||
15 | not less than the rate prescribed in item (1) of this | ||||||
16 | subsection (a) to: | ||||||
17 | (A) a day or temporary laborer, as defined in Section 5 | ||||||
18 | of the Day and Temporary Labor Services Act, who is 18 | ||||||
19 | years of age or older; and | ||||||
20 | (B) an employee who is 18 years of age or older and | ||||||
21 | whose employment is occasional or irregular and
requires | ||||||
22 | not more than 90 days to complete. | ||||||
23 | (3) At no time
shall the wages paid to any employee under | ||||||
24 | 18 years of age be more than 50¢
less than the wage required to | ||||||
25 | be paid to employees who are at least 18 years
of age under | ||||||
26 | item (1) of this subsection (a).
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1 | (b) No employer shall discriminate between employees on the | ||||||
2 | basis of sex
or mental or physical handicap, except as | ||||||
3 | otherwise provided in this Act by
paying wages to employees at | ||||||
4 | a rate less than the rate at which he pays
wages to employees | ||||||
5 | for the same or substantially
similar work on jobs the | ||||||
6 | performance of which requires equal skill, effort,
and | ||||||
7 | responsibility, and which are performed under similar working
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8 | conditions, except where such payment is made pursuant to (1) a | ||||||
9 | seniority
system; (2) a merit system; (3) a system which | ||||||
10 | measures earnings by
quantity or quality of production; or (4) | ||||||
11 | a differential based on any other
factor other than sex or | ||||||
12 | mental or physical handicap, except as otherwise
provided in | ||||||
13 | this Act.
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14 | (c) Every employer of an employee engaged in an
occupation | ||||||
15 | in which gratuities have customarily and usually constituted | ||||||
16 | and
have been recognized as part of the remuneration for hire | ||||||
17 | purposes is
entitled to an allowance for gratuities as part of | ||||||
18 | the hourly wage rate
provided in Section 4, subsection (a) in | ||||||
19 | an amount not to exceed 40% of the
applicable minimum wage | ||||||
20 | rate. The Director shall require each employer
desiring an | ||||||
21 | allowance for gratuities to provide substantial evidence that
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22 | the amount claimed, which may not exceed 40% of the applicable | ||||||
23 | minimum wage
rate, was received by the employee in the period | ||||||
24 | for which the claim of
exemption is made, and no part thereof | ||||||
25 | was returned to the employer.
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26 | (d) No camp counselor who resides on the premises of a |
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1 | seasonal camp of
an organized not-for-profit corporation shall | ||||||
2 | be subject to the adult minimum
wage if the camp counselor (1) | ||||||
3 | works 40 or more hours per week, and (2)
receives a total | ||||||
4 | weekly salary of not less than the adult minimum
wage for a | ||||||
5 | 40-hour week. If the counselor works less than 40 hours per
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6 | week, the counselor shall be paid the minimum hourly wage for | ||||||
7 | each hour
worked. Every employer of a camp counselor under this | ||||||
8 | subsection is entitled
to an allowance for meals and lodging as | ||||||
9 | part of the hourly wage rate provided
in Section 4, subsection | ||||||
10 | (a), in an amount not to exceed 25% of the
minimum wage rate.
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11 | (e) A camp counselor employed at a day camp of an organized
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12 | not-for-profit corporation is not subject to the adult minimum | ||||||
13 | wage if the
camp counselor is paid a stipend on a onetime or | ||||||
14 | periodic basis and, if
the camp counselor is a minor, the | ||||||
15 | minor's parent, guardian or other
custodian has consented in | ||||||
16 | writing to the terms of payment before the
commencement of such | ||||||
17 | employment.
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18 | (Source: P.A. 93-581, eff. 1-1-04; 94-1072, eff. 7-1-07; | ||||||
19 | 94-1102, eff. 7-1-07 .)".
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