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91_HB1954eng HB1954 Engrossed 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 employer29shall pay to each of his employees in every occupation wages30of not less than $2.30 per hour or in the case of employees31under 18 years of age wages of not less than $1.95 per hour,HB1954 Engrossed -2- LRB9105027WHpr 1except as provided in Sections 5 and 6 of this Act, and on2and after January 1, 1984, every employer shall pay to each3of his employees in every occupation wages of not less than4$2.65 per hour or in the case of employees under 18 years of5age wages of not less than $2.25 per hour, and on and after6October 1, 1984 every employer shall pay to each of his7employees in every occupation wages of not less than $3.008per hour or in the case of employees under 18 years of age9wages of not less than $2.55 per hour and on and after July101, 1985 every employer shall pay to each of his employees in11every occupation wages of not less than $3.35 per hour or in12the case of employees under 18 years of age wages of not less13than $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 HB1954 Engrossed -3- LRB9105027WHpr 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.)