|
|
||||
| Public Act 095-0945 |
||||
| ||||
| ||||
AN ACT concerning employment.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Minimum Wage Law is amended by changing | ||||
Sections 3 and 4 as follows:
| ||||
(820 ILCS 105/3) (from Ch. 48, par. 1003)
| ||||
Sec. 3. As used in this Act:
| ||||
(a) "Director" means the Director of the Department of | ||||
Labor, and
"Department" means the Department of Labor.
| ||||
(b) "Wages" means compensation due to an employee by reason | ||||
of his
employment, including allowances determined by the | ||||
Director in
accordance with the provisions of this Act for | ||||
gratuities and, when
furnished by the employer, for meals and | ||||
lodging actually used by the
employee.
| ||||
(c) "Employer" includes any individual, partnership, | ||||
association,
corporation, limited liability company, business | ||||
trust, governmental or quasi-governmental body, or
any person | ||||
or group of persons acting directly or indirectly in the
| ||||
interest of an employer in relation to an employee, for which | ||||
one or
more persons are gainfully employed on some day within a | ||||
calendar year.
An employer is subject to this Act in a calendar | ||||
year on and after the
first day in such calendar year in which | ||||
he employs one or more persons,
and for the following calendar | ||||
year.
| ||
(d) "Employee" includes any individual permitted to work by | ||
an
employer in an occupation, but does not include any | ||
individual permitted
to work:
| ||
(1) For an employer employing fewer than 4 employees | ||
exclusive of
the employer's parent, spouse or child or | ||
other members of his immediate
family.
| ||
(2) As an employee employed in agriculture or | ||
aquaculture (A) if such
employee is
employed by an employer | ||
who did not, during any calendar quarter during
the | ||
preceding calendar year, use more than 500 man-days of | ||
agricultural
or aquacultural
labor, (B) if such employee is | ||
the parent, spouse or child, or other
member of the | ||
employer's immediate family, (C) if such employee (i) is
| ||
employed as a hand harvest laborer and is paid on a piece | ||
rate basis in
an operation which has been, and is | ||
customarily and generally recognized
as having been, paid | ||
on a piece rate basis in the region of employment,
(ii) | ||
commutes daily from his permanent residence to the farm on | ||
which he
is so employed, and (iii) has been employed in | ||
agriculture less than 13
weeks during the preceding | ||
calendar year, (D) if such employee (other
than an employee | ||
described in clause (C) of this subparagraph): (i) is
16 | ||
years of age or under and is employed as a hand harvest | ||
laborer, is paid
on a piece rate basis in an operation | ||
which has been, and is customarily
and generally recognized | ||
as having been, paid on a piece rate basis in
the region of | ||
employment, (ii) is employed on the same farm as his
parent | ||
or person standing in the place of his parent, and (iii) is | ||
paid
at the same piece rate as employees over 16 are paid | ||
on the same farm.
| ||
(3) In domestic service in or about a private home.
| ||
(4) As an outside salesman.
| ||
(5) As a member of a religious corporation or | ||
organization.
| ||
(6) At an accredited Illinois college or university | ||
employed by the
college
or university at which he is a | ||
student who is covered under the provisions
of the Fair | ||
Labor Standards Act of 1938, as heretofore or hereafter
| ||
amended.
| ||
(7) For a motor carrier and with respect to whom the | ||
U.S. Secretary of
Transportation has the power to establish | ||
qualifications and maximum hours of
service under the | ||
provisions of Title 49 U.S.C. or the State of Illinois | ||
under
Section 18b-105 (Title 92 of the Illinois | ||
Administrative Code, Part 395 -
Hours of Service of | ||
Drivers) of the Illinois Vehicle
Code.
| ||
The above exclusions from the term "employee" may be | ||
further defined
by regulations of the Director.
| ||
(e) "Occupation" means an industry, trade, business or | ||
class of work
in which employees are gainfully employed.
| ||
(f) "Gratuities" means voluntary monetary contributions to | ||
an
employee from a guest, patron or customer in connection with | ||
services
rendered.
| ||
(g) "Outside salesman" means an employee regularly engaged | ||
in making
sales or obtaining orders or contracts for services | ||
where a major
portion of such duties are performed away from | ||
his employer's place of
business.
| ||
(h) "Day camp" means a seasonal recreation program in | ||
operation for no more than 16 weeks intermittently throughout | ||
the calendar year, accommodating for profit or under | ||
philanthropic or charitable auspices, 5 or more children under | ||
18 years of age, not including overnight programs. The term | ||
"day camp" does not include a "day care agency", "child care | ||
facility" or "foster family home" as licensed by the Illinois | ||
Department of Children and Family Services. | ||
(Source: P.A. 94-1025, eff. 7-14-06.)
| ||
(820 ILCS 105/4) (from Ch. 48, par. 1004)
| ||
Sec. 4. (a)(1) Every employer shall pay to each of his | ||
employees in every
occupation wages of not less than $2.30 per | ||
hour or in the case of
employees under 18 years of age wages of | ||
not less than $1.95 per hour,
except as provided in Sections 5 | ||
and 6 of this Act, and on and after
January 1, 1984, every | ||
employer shall pay to each of his employees in every
occupation | ||
wages of not less than $2.65 per hour or in the case of
| ||
employees under 18 years of age wages of not less than $2.25 | ||
per hour, and
on and after October 1, 1984 every employer shall | ||
pay to each of his
employees in every occupation wages of not | ||
less than $3.00 per hour or in
the case of employees under 18 | ||
years of age wages of not less than $2.55
per hour, and on or | ||
after July 1, 1985 every employer shall pay to each of
his | ||
employees in every occupation wages of not less than $3.35 per | ||
hour or
in the case of employees under 18 years of age wages of | ||
not less than $2.85
per hour,
and from January 1, 2004 through | ||
December 31, 2004 every employer shall pay
to
each of his or | ||
her employees who is 18 years of age or older in every
| ||
occupation wages of not less than $5.50 per hour, and from
| ||
January 1,
2005 through June 30, 2007 every employer shall pay | ||
to each of his or her employees who is 18 years
of age or older | ||
in every occupation wages of not less than $6.50 per hour, and | ||
from July 1, 2007 through June 30, 2008 every employer shall | ||
pay to each of his or her employees who is 18 years
of age or | ||
older in every occupation wages of not less than $7.50 per | ||
hour, and from July 1, 2008 through June 30, 2009 every | ||
employer shall pay to each of his or her employees who is 18 | ||
years
of age or older in every occupation wages of not less | ||
than $7.75 per hour, and from July 1, 2009 through June 30, | ||
2010 every employer shall pay to each of his or her employees | ||
who is 18 years
of age or older in every occupation wages of | ||
not less than $8.00 per hour, and on and after July 1, 2010 | ||
every employer shall pay to each of his or her employees who is | ||
18 years of age or older in every occupation wages of not less | ||
than $8.25 per hour.
| ||
(2) Unless an employee's wages are reduced under Section 6, | ||
then in lieu of the rate prescribed in item (1) of this | ||
subsection (a), an employer may pay an employee who is 18 years | ||
of age or older, during the first 90 consecutive calendar days | ||
after the employee is initially employed by the employer, a | ||
wage that is not more than 50¢
less than the wage prescribed in | ||
item (1) of this subsection (a); however, an employer shall pay | ||
not less than the rate prescribed in item (1) of this | ||
subsection (a) to: | ||
(A) a day or temporary laborer, as defined in Section 5 | ||
of the Day and Temporary Labor Services Act, who is 18 | ||
years of age or older; and | ||
(B) an employee who is 18 years of age or older and | ||
whose employment is occasional or irregular and
requires | ||
not more than 90 days to complete. | ||
(3) At no time
shall the wages paid to any employee under | ||
18 years of age be more than 50¢
less than the wage required to | ||
be paid to employees who are at least 18 years
of age under | ||
item (1) of this subsection (a).
| ||
(b) No employer shall discriminate between employees on the | ||
basis of sex
or mental or physical handicap, except as | ||
otherwise provided in this Act by
paying wages to employees at | ||
a rate less than the rate at which he pays
wages to employees | ||
for the same or substantially
similar work on jobs the | ||
performance of which requires equal skill, effort,
and | ||
responsibility, and which are performed under similar working
| ||
conditions, except where such payment is made pursuant to (1) a | ||
seniority
system; (2) a merit system; (3) a system which | ||
measures earnings by
quantity or quality of production; or (4) | ||
a differential based on any other
factor other than sex or | ||
mental or physical handicap, except as otherwise
provided in | ||
this Act.
| ||
(c) Every employer of an employee engaged in an
occupation | ||
in which gratuities have customarily and usually constituted | ||
and
have been recognized as part of the remuneration for hire | ||
purposes is
entitled to an allowance for gratuities as part of | ||
the hourly wage rate
provided in Section 4, subsection (a) in | ||
an amount not to exceed 40% of the
applicable minimum wage | ||
rate. The Director shall require each employer
desiring an | ||
allowance for gratuities to provide substantial evidence that
| ||
the amount claimed, which may not exceed 40% of the applicable | ||
minimum wage
rate, was received by the employee in the period | ||
for which the claim of
exemption is made, and no part thereof | ||
was returned to the employer.
| ||
(d) No camp counselor who resides on the premises of a | ||
seasonal camp of
an organized not-for-profit corporation shall | ||
be subject to the adult minimum
wage if the camp counselor (1) | ||
works 40 or more hours per week, and (2)
receives a total | ||
weekly salary of not less than the adult minimum
wage for a | ||
40-hour week. If the counselor works less than 40 hours per
| ||
week, the counselor shall be paid the minimum hourly wage for | ||
each hour
worked. Every employer of a camp counselor under this | ||
subsection is entitled
to an allowance for meals and lodging as | ||
part of the hourly wage rate provided
in Section 4, subsection | ||
(a), in an amount not to exceed 25% of the
minimum wage rate.
| ||
(e) A camp counselor employed at a day camp of an organized
| ||
not-for-profit corporation is not subject to the adult minimum | ||
wage if the
camp counselor is paid a stipend on a onetime or | ||
periodic basis and, if
the camp counselor is a minor, the | ||
minor's parent, guardian or other
custodian has consented in | ||
writing to the terms of payment before the
commencement of such | ||
employment.
| ||
(Source: P.A. 93-581, eff. 1-1-04; 94-1072, eff. 7-1-07; | ||
94-1102, eff. 7-1-07.)
| ||