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92_HB4540ham001
LRB9212341WHcsam
1 AMENDMENT TO HOUSE BILL 4540
2 AMENDMENT NO. . Amend House Bill 4540 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) Beginning January 1, 2003, and until
8 January 1, 2004, every employer shall pay, to each of his or
9 her employees who has reached the age of 18 years, wages at a
10 rate of not less than $6.50 per hour.
11 Beginning on January 1, 2004, every employer shall pay to
12 each of his or her employees who has reached the age of 18
13 years wages at a rate of not less than the amount established
14 under this subsection (a).
15 On September 30, 2003, and on each following September
16 30th, the Department of Labor shall calculate an adjusted
17 minimum wage rate to maintain employee purchasing power by
18 increasing the current year's minimum wage rate by the rate
19 of inflation. The adjusted minimum wage rate shall be
20 calculated to the nearest cent using the consumer price index
21 for urban wage earners and clerical workers, CPI-W, or a
22 successor index, for the 12 months prior to each September
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1 1st as calculated by the United States Department of Labor.
2 Each adjusted minimum wage rate calculated under this
3 subsection (a) takes effect on the following January 1st.
4 The Director of Labor shall by rule establish the minimum
5 wage for employees under the age of 18 years. Every employer
6 shall pay to each of his employees in every occupation wages
7 of not less than $2.30 per hour or in the case of employees
8 under 18 years of age wages of not less than $1.95 per hour,
9 except as provided in Sections 5 and 6 of this Act, and on
10 and after January 1, 1984, every employer shall pay to each
11 of his employees in every occupation wages of not less than
12 $2.65 per hour or in the case of employees under 18 years of
13 age wages of not less than $2.25 per hour, and on and after
14 October 1, 1984 every employer shall pay to each of his
15 employees in every occupation wages of not less than $3.00
16 per hour or in the case of employees under 18 years of age
17 wages of not less than $2.55 per hour and on and after July
18 1, 1985 every employer shall pay to each of his employees in
19 every occupation wages of not less than $3.35 per hour or in
20 the case of employees under 18 years of age wages of not less
21 than $2.85 per hour.
22 At no time shall the wages paid by every employer to each
23 of his employees in every occupation be less than the federal
24 minimum hourly wage prescribed by Section 206(a)(1) of Title
25 29 of the United States Code, and at no time shall the wages
26 paid to any employee under 18 years of age be more than 50¢
27 less than the wage required to be paid to employees who are
28 at least 18 years of age.
29 (b) No employer shall discriminate between employees on
30 the basis of sex or mental or physical handicap, except as
31 otherwise provided in this Act by paying wages to employees
32 at a rate less than the rate at which he pays wages to
33 employees for the same or substantially similar work on jobs
34 the performance of which requires equal skill, effort, and
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1 responsibility, and which are performed under similar working
2 conditions, except where such payment is made pursuant to (1)
3 a seniority system; (2) a merit system; (3) a system which
4 measures earnings by quantity or quality of production; or
5 (4) a differential based on any other factor other than sex
6 or mental or physical handicap, except as otherwise provided
7 in this Act.
8 (c) Every employer of an employee engaged in an
9 occupation in which gratuities have customarily and usually
10 constituted and have been recognized as part of the
11 remuneration for hire purposes is entitled to an allowance
12 for gratuities as part of the hourly wage rate provided in
13 Section 4, subsection (a) in an amount not to exceed 40% of
14 the applicable minimum wage rate. The Director shall require
15 each employer desiring an allowance for gratuities to provide
16 substantial evidence that the amount claimed, which may not
17 exceed 40% of the applicable minimum wage rate, was received
18 by the employee in the period for which the claim of
19 exemption is made, and no part thereof was returned to the
20 employer.
21 (d) No camp counselor who resides on the premises of a
22 seasonal camp of an organized not-for-profit corporation
23 shall be subject to the adult minimum wage if the camp
24 counselor (1) works 40 or more hours per week, and (2)
25 receives a total weekly salary of not less than the adult
26 minimum wage for a 40-hour week. If the counselor works less
27 than 40 hours per week, the counselor shall be paid the
28 minimum hourly wage for each hour worked. Every employer of
29 a camp counselor under this subsection is entitled to an
30 allowance for meals and lodging as part of the hourly wage
31 rate provided in Section 4, subsection (a), in an amount not
32 to exceed 25% of the minimum wage rate.
33 (e) A camp counselor employed at a day camp of an
34 organized not-for-profit corporation is not subject to the
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1 adult minimum wage if the camp counselor is paid a stipend on
2 a onetime or periodic basis and, if the camp counselor is a
3 minor, the minor's parent, guardian or other custodian has
4 consented in writing to the terms of payment before the
5 commencement of such employment.
6 (Source: P.A. 86-502.)".