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91_HB1954
LRB9105027WHpr
1 AN ACT to amend the Minimum Wage Law by changing. Section
2 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Minimum Wage Law is amended by changing
6 Section 4 as follows:
7 (820 ILCS 105/4) (from Ch. 48, par. 1004)
8 Sec. 4. (a) Beginning January 1, 2000, and until
9 January 1, 2001, every employer shall pay, to each of his or
10 her employees who has reached the age of 18 years, wages at a
11 rate of not less than $6.50 per hour.
12 Beginning on January 1, 2001, every employer shall pay to
13 each of his or her employees who has reached the age of 18
14 years wages at a rate of not less than the amount established
15 under this subsection (a).
16 On September 30, 2000, and on each following September
17 30th, the Department of Labor shall calculate an adjusted
18 minimum wage rate to maintain employee purchasing power by
19 increasing the current year's minimum wage rate by the rate
20 of inflation. The adjusted minimum wage rate shall be
21 calculated to the nearest cent using the consumer price index
22 for urban wage earners and clerical workers, CPI-W, or a
23 successor index, for the 12 months prior to each September
24 1st as calculated by the United States Department of Labor.
25 Each adjusted minimum wage rate calculated under this
26 subsection (a) takes effect on the following January 1st.
27 The Director of Labor shall by rule establish the minimum
28 wage for employees under the age of 18 years. Every employer
29 shall pay to each of his employees in every occupation wages
30 of not less than $2.30 per hour or in the case of employees
31 under 18 years of age wages of not less than $1.95 per hour,
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1 except as provided in Sections 5 and 6 of this Act, and on
2 and after January 1, 1984, every employer shall pay to each
3 of his employees in every occupation wages of not less than
4 $2.65 per hour or in the case of employees under 18 years of
5 age wages of not less than $2.25 per hour, and on and after
6 October 1, 1984 every employer shall pay to each of his
7 employees in every occupation wages of not less than $3.00
8 per hour or in the case of employees under 18 years of age
9 wages of not less than $2.55 per hour and on and after July
10 1, 1985 every employer shall pay to each of his employees in
11 every occupation wages of not less than $3.35 per hour or in
12 the case of employees under 18 years of age wages of not less
13 than $2.85 per hour.
14 At no time shall the wages paid by every employer to each
15 of his employees in every occupation be less than the federal
16 minimum hourly wage prescribed by Section 206(a)(1) of Title
17 29 of the United States Code, and at no time shall the wages
18 paid to any employee under 18 years of age be more than 50¢
19 less than the wage required to be paid to employees who are
20 at least 18 years of age.
21 (b) No employer shall discriminate between employees on
22 the basis of sex or mental or physical handicap, except as
23 otherwise provided in this Act by paying wages to employees
24 at a rate less than the rate at which he pays wages to
25 employees for the same or substantially similar work on jobs
26 the performance of which requires equal skill, effort, and
27 responsibility, and which are performed under similar working
28 conditions, except where such payment is made pursuant to (1)
29 a seniority system; (2) a merit system; (3) a system which
30 measures earnings by quantity or quality of production; or
31 (4) a differential based on any other factor other than sex
32 or mental or physical handicap, except as otherwise provided
33 in this Act.
34 (c) Every employer of an employee engaged in an
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1 occupation in which gratuities have customarily and usually
2 constituted and have been recognized as part of the
3 remuneration for hire purposes is entitled to an allowance
4 for gratuities as part of the hourly wage rate provided in
5 Section 4, subsection (a) in an amount not to exceed 40% of
6 the applicable minimum wage rate. The Director shall require
7 each employer desiring an allowance for gratuities to provide
8 substantial evidence that the amount claimed, which may not
9 exceed 40% of the applicable minimum wage rate, was received
10 by the employee in the period for which the claim of
11 exemption is made, and no part thereof was returned to the
12 employer.
13 (d) No camp counselor who resides on the premises of a
14 seasonal camp of an organized not-for-profit corporation
15 shall be subject to the adult minimum wage if the camp
16 counselor (1) works 40 or more hours per week, and (2)
17 receives a total weekly salary of not less than the adult
18 minimum wage for a 40-hour week. If the counselor works less
19 than 40 hours per week, the counselor shall be paid the
20 minimum hourly wage for each hour worked. Every employer of
21 a camp counselor under this subsection is entitled to an
22 allowance for meals and lodging as part of the hourly wage
23 rate provided in Section 4, subsection (a), in an amount not
24 to exceed 25% of the minimum wage rate.
25 (e) A camp counselor employed at a day camp of an
26 organized not-for-profit corporation is not subject to the
27 adult minimum wage if the camp counselor is paid a stipend on
28 a onetime or periodic basis and, if the camp counselor is a
29 minor, the minor's parent, guardian or other custodian has
30 consented in writing to the terms of payment before the
31 commencement of such employment.
32 (Source: P.A. 86-502.)