Bill Text: IL HB0353 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Minimum Wage Law. Increases the minimum wage to $20 per hour for essential workers for the duration of the COVID-19 public health emergency. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0353 Detail]

Download: Illinois-2021-HB0353-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0353 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
820 ILCS 105/4 from Ch. 48, par. 1004
Amends the Minimum Wage Law. Increases the minimum wage to $20 per hour for essential workers for the duration of the COVID-19 public health emergency. Effective immediately.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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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
Section 4 as follows:
(820 ILCS 105/4) (from Ch. 48, par. 1004)
Sec. 4. (a)(1) Except as provided in paragraph (4), every
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

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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
from July 1, 2010 through December 31, 2019 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, and from January 1, 2020 through June 30, 2020, 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 $9.25 per hour, and from July 1, 2020 through December 31,
2020 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 $10 per hour, and from January 1, 2021 through
December 31, 2021 every employer shall pay to each of his or

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her employees who is 18 years of age or older in every
occupation wages of not less than $11 per hour, and from
January 1, 2022 through December 31, 2022 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 $12 per hour,
and from January 1, 2023 through December 31, 2023 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 $13 per hour, and from January 1, 2024 through December
31, 2024, 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 $14 per hour; and on and after January
1, 2025, 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 $15 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

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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 on or before December 31, 2019 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).
Beginning on January 1, 2020, every employer shall pay to each
of his or her employees who is under 18 years of age that has
worked more than 650 hours for the employer during any
calendar year a wage not less than the wage required for
employees who are 18 years of age or older under paragraph (1)
of subsection (a) of Section 4 of this Act or, if applicable, a
wage not less than the wage required for essential workers
under paragraph (4). Except as provided in paragraph (4),
every . Every employer shall pay to each of his or her
employees who is under 18 years of age that has not worked more
than 650 hours for the employer during any calendar year: (1)
$8 per hour from January 1, 2020 through December 31, 2020; (2)
$8.50 per hour from January 1, 2021 through December 31, 2021;
(3) $9.25 per hour from January 1, 2022 through December 31,
2022; (4) $10.50 per hour from January 1, 2023 through
December 31, 2023; (5) $12 per hour from January 1, 2024
through December 31, 2024; and (6) $13 per hour on and after
January 1, 2025.

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(4) Beginning on the effective date of this amendatory Act
of the 102nd General Assembly, every employer shall pay to
each of his or her employees who is an essential worker wages
of not less than $20 per hour for the duration of the COVID-19
public health emergency. For purposes of this paragraph,
essential workers are those workers outlined in Executive
Order No. 2020-10 issued on March 20, 2020.
(b) No employer shall discriminate between employees on
the basis of sex or mental or physical disability, 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 disability, 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

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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 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. 101-1, eff. 2-19-19.)
Section 99. Effective date. This Act takes effect upon

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becoming law.