Full Text of SB1275 94th General Assembly
SB1275sam001 94TH GENERAL ASSEMBLY
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Sen. Emil Jones Jr.
Filed: 11/14/2006
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| AMENDMENT TO SENATE BILL 1275
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| AMENDMENT NO. ______. Amend Senate Bill 1275 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Minimum Wage Law is amended by changing | 5 |
| Section 4 as follows:
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| (820 ILCS 105/4) (from Ch. 48, par. 1004)
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| 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
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| 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
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| 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 .
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| 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
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| 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.
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| (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 |
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| performance of which requires equal skill, effort,
and | 2 |
| responsibility, and which are performed under similar working
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| 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.
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| (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
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| 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.
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| (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
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| 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.
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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 | 34 |
| 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 | 2 |
| minor's parent, guardian or other
custodian has consented in | 3 |
| writing to the terms of payment before the
commencement of such | 4 |
| employment.
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| (Source: P.A. 93-581, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect July 1, | 7 |
| 2007.".
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