103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3852

 

Introduced 2/17/2023, by Rep. Cyril Nichols

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 105/4  from Ch. 48, par. 1004

    Amends the Minimum Wage Law. Provides that an employer shall pay to each of his or her employees working as a lifeguards occupation wages of not less than $22.50 an hour, regardless of the age of the employee.


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A BILL FOR

 

HB3852LRB103 26799 SPS 53163 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings. There is a shortage of lifeguards in
5the State of Illinois. In order to recruit and retain more
6lifeguards, who play a vital public safety role in our
7communities, we must ensure that the wages for lifeguards are
8high enough to attract quality candidates into the field.
 
9    Section 5. The Minimum Wage Law is amended by changing
10Section 4 as follows:
 
11    (820 ILCS 105/4)  (from Ch. 48, par. 1004)
12    Sec. 4. (a)(1) Every employer shall pay to each of his
13employees in every occupation wages of not less than $2.30 per
14hour or in the case of employees under 18 years of age wages of
15not less than $1.95 per hour, except as provided in Sections 5
16and 6 of this Act, and on and after January 1, 1984, every
17employer shall pay to each of his employees in every
18occupation wages of not less than $2.65 per hour or in the case
19of employees under 18 years of age wages of not less than $2.25
20per hour, and on and after October 1, 1984 every employer shall
21pay to each of his employees in every occupation wages of not
22less than $3.00 per hour or in the case of employees under 18

 

 

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1years of age wages of not less than $2.55 per hour, and on or
2after July 1, 1985 every employer shall pay to each of his
3employees in every occupation wages of not less than $3.35 per
4hour or in the case of employees under 18 years of age wages of
5not less than $2.85 per hour, and from January 1, 2004 through
6December 31, 2004 every employer shall pay to each of his or
7her employees who is 18 years of age or older in every
8occupation wages of not less than $5.50 per hour, and from
9January 1, 2005 through June 30, 2007 every employer shall pay
10to each of his or her employees who is 18 years of age or older
11in every occupation wages of not less than $6.50 per hour, and
12from July 1, 2007 through June 30, 2008 every employer shall
13pay to each of his or her employees who is 18 years of age or
14older in every occupation wages of not less than $7.50 per
15hour, and from July 1, 2008 through June 30, 2009 every
16employer shall pay to each of his or her employees who is 18
17years of age or older in every occupation wages of not less
18than $7.75 per hour, and from July 1, 2009 through June 30,
192010 every employer shall pay to each of his or her employees
20who is 18 years of age or older in every occupation wages of
21not less than $8.00 per hour, and from July 1, 2010 through
22December 31, 2019 every employer shall pay to each of his or
23her employees who is 18 years of age or older in every
24occupation wages of not less than $8.25 per hour, and from
25January 1, 2020 through June 30, 2020, every employer shall
26pay to each of his or her employees who is 18 years of age or

 

 

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1older in every occupation wages of not less than $9.25 per
2hour, and from July 1, 2020 through December 31, 2020 every
3employer shall pay to each of his or her employees who is 18
4years of age or older in every occupation wages of not less
5than $10 per hour, and from January 1, 2021 through December
631, 2021 every employer shall pay to each of his or her
7employees who is 18 years of age or older in every occupation
8wages of not less than $11 per hour, and from January 1, 2022
9through December 31, 2022 every employer shall pay to each of
10his or her employees who is 18 years of age or older in every
11occupation wages of not less than $12 per hour, and from
12January 1, 2023 through December 31, 2023 every employer shall
13pay to each of his or her employees who is 18 years of age or
14older in every occupation wages of not less than $13 per hour,
15and from January 1, 2024 through December 31, 2024, every
16employer shall pay to each of his or her employees who is 18
17years of age or older in every occupation wages of not less
18than $14 per hour; and on and after January 1, 2025, every
19employer shall pay to each of his or her employees who is 18
20years of age or older in every occupation wages of not less
21than $15 per hour.
22    (2) Unless an employee's wages are reduced under Section
236, then in lieu of the rate prescribed in item (1) of this
24subsection (a), an employer may pay an employee who is 18 years
25of age or older, during the first 90 consecutive calendar days
26after the employee is initially employed by the employer, a

 

 

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1wage that is not more than 50¢ less than the wage prescribed in
2item (1) of this subsection (a); however, an employer shall
3pay not less than the rate prescribed in item (1) of this
4subsection (a) to:
5        (A) a day or temporary laborer, as defined in Section
6    5 of the Day and Temporary Labor Services Act, who is 18
7    years of age or older; and
8        (B) an employee who is 18 years of age or older and
9    whose employment is occasional or irregular and requires
10    not more than 90 days to complete.
11    (3) At no time on or before December 31, 2019 shall the
12wages paid to any employee under 18 years of age be more than
1350¢ less than the wage required to be paid to employees who are
14at least 18 years of age under item (1) of this subsection (a).
15Beginning on January 1, 2020, every employer shall pay to each
16of his or her employees who is under 18 years of age that has
17worked more than 650 hours for the employer during any
18calendar year a wage not less than the wage required for
19employees who are 18 years of age or older under paragraph (1)
20of subsection (a) of Section 4 of this Act. Every employer
21shall pay to each of his or her employees who is under 18 years
22of age that has not worked more than 650 hours for the employer
23during any calendar year: (1) $8 per hour from January 1, 2020
24through December 31, 2020; (2) $8.50 per hour from January 1,
252021 through December 31, 2021; (3) $9.25 per hour from
26January 1, 2022 through December 31, 2022; (4) $10.50 per hour

 

 

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1from January 1, 2023 through December 31, 2023; (5) $12 per
2hour from January 1, 2024 through December 31, 2024; and (6)
3$13 per hour on and after January 1, 2025.
4    (b) No employer shall discriminate between employees on
5the basis of sex or mental or physical disability, except as
6otherwise provided in this Act by paying wages to employees at
7a rate less than the rate at which he pays wages to employees
8for the same or substantially similar work on jobs the
9performance of which requires equal skill, effort, and
10responsibility, and which are performed under similar working
11conditions, except where such payment is made pursuant to (1)
12a seniority system; (2) a merit system; (3) a system which
13measures earnings by quantity or quality of production; or (4)
14a differential based on any other factor other than sex or
15mental or physical disability, except as otherwise provided in
16this Act.
17    (c) Every employer of an employee engaged in an occupation
18in which gratuities have customarily and usually constituted
19and have been recognized as part of the remuneration for hire
20purposes is entitled to an allowance for gratuities as part of
21the hourly wage rate provided in Section 4, subsection (a) in
22an amount not to exceed 40% of the applicable minimum wage
23rate. The Director shall require each employer desiring an
24allowance for gratuities to provide substantial evidence that
25the amount claimed, which may not exceed 40% of the applicable
26minimum wage rate, was received by the employee in the period

 

 

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1for which the claim of exemption is made, and no part thereof
2was returned to the employer.
3    (d) No camp counselor who resides on the premises of a
4seasonal camp of an organized not-for-profit corporation shall
5be subject to the adult minimum wage if the camp counselor (1)
6works 40 or more hours per week, and (2) receives a total
7weekly salary of not less than the adult minimum wage for a
840-hour week. If the counselor works less than 40 hours per
9week, the counselor shall be paid the minimum hourly wage for
10each hour worked. Every employer of a camp counselor under
11this subsection is entitled to an allowance for meals and
12lodging as part of the hourly wage rate provided in Section 4,
13subsection (a), in an amount not to exceed 25% of the minimum
14wage rate.
15    (e) A camp counselor employed at a day camp is not subject
16to the adult minimum wage if the camp counselor is paid a
17stipend on a onetime or periodic basis and, if the camp
18counselor is a minor, the minor's parent, guardian or other
19custodian has consented in writing to the terms of payment
20before the commencement of such employment.
21    (f) An employer shall pay to each of his or her employees
22working as a lifeguards occupation wages of not less than
23$22.50 an hour, regardless of the age of the employee.
24(Source: P.A. 101-1, eff. 2-19-19.)