Bill Text: IL HB3852 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Minimum Wage Law. Provides that an employer shall pay to each of his or her employees working as a lifeguard wages of not less than $22.50 an hour, regardless of the age of the employee.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2023-05-11 - Added Chief Co-Sponsor Rep. Lilian Jiménez [HB3852 Detail]
Download: Illinois-2023-HB3852-Introduced.html
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning employment.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 1. Findings. There is a shortage of lifeguards in | |||||||||||||||||||
5 | the State of Illinois. In order to recruit and retain more | |||||||||||||||||||
6 | lifeguards, who play a vital public safety role in our | |||||||||||||||||||
7 | communities, we must ensure that the wages for lifeguards are | |||||||||||||||||||
8 | high enough to attract quality candidates into the field.
| |||||||||||||||||||
9 | Section 5. The Minimum Wage Law is amended by changing | |||||||||||||||||||
10 | Section 4 as follows:
| |||||||||||||||||||
11 | (820 ILCS 105/4) (from Ch. 48, par. 1004)
| |||||||||||||||||||
12 | Sec. 4. (a)(1) Every employer shall pay to each of his | |||||||||||||||||||
13 | employees in every
occupation wages of not less than $2.30 per | |||||||||||||||||||
14 | hour or in the case of
employees under 18 years of age wages of | |||||||||||||||||||
15 | not less than $1.95 per hour,
except as provided in Sections 5 | |||||||||||||||||||
16 | and 6 of this Act, and on and after
January 1, 1984, every | |||||||||||||||||||
17 | employer shall pay to each of his employees in every
| |||||||||||||||||||
18 | occupation wages of not less than $2.65 per hour or in the case | |||||||||||||||||||
19 | of
employees under 18 years of age wages of not less than $2.25 | |||||||||||||||||||
20 | per hour, and
on and after October 1, 1984 every employer shall | |||||||||||||||||||
21 | pay to each of his
employees in every occupation wages of not | |||||||||||||||||||
22 | less than $3.00 per hour or in
the case of employees under 18 |
| |||||||
| |||||||
1 | years of age wages of not less than $2.55
per hour, and on or | ||||||
2 | after July 1, 1985 every employer shall pay to each of
his | ||||||
3 | employees in every occupation wages of not less than $3.35 per | ||||||
4 | hour or
in the case of employees under 18 years of age wages of | ||||||
5 | not less than $2.85
per hour,
and from January 1, 2004 through | ||||||
6 | December 31, 2004 every employer shall pay
to
each of his or | ||||||
7 | her employees who is 18 years of age or older in every
| ||||||
8 | occupation wages of not less than $5.50 per hour, and from
| ||||||
9 | January 1,
2005 through June 30, 2007 every employer shall pay | ||||||
10 | to each of his or her employees who is 18 years
of age or older | ||||||
11 | in every occupation wages of not less than $6.50 per hour, and | ||||||
12 | from July 1, 2007 through June 30, 2008 every employer shall | ||||||
13 | pay to each of his or her employees who is 18 years
of age or | ||||||
14 | older in every occupation wages of not less than $7.50 per | ||||||
15 | hour, and from July 1, 2008 through June 30, 2009 every | ||||||
16 | employer shall pay to each of his or her employees who is 18 | ||||||
17 | years
of age or older in every occupation wages of not less | ||||||
18 | than $7.75 per hour, and from July 1, 2009 through June 30, | ||||||
19 | 2010 every employer shall pay to each of his or her employees | ||||||
20 | who is 18 years
of age or older in every occupation wages of | ||||||
21 | not less than $8.00 per hour, and from July 1, 2010 through | ||||||
22 | December 31, 2019 every employer shall pay to each of his or | ||||||
23 | her employees who is 18 years of age or older in every | ||||||
24 | occupation wages of not less than $8.25 per hour, and from
| ||||||
25 | January 1, 2020 through June 30, 2020, every employer shall | ||||||
26 | pay to each of his or her employees who is 18 years of age or |
| |||||||
| |||||||
1 | older in every occupation wages of not less than $9.25 per | ||||||
2 | hour, and from July 1, 2020 through December 31, 2020 every | ||||||
3 | employer shall pay
to each of his or her employees who is 18 | ||||||
4 | years of age or older
in every occupation wages of not less | ||||||
5 | than $10 per hour, and
from January 1, 2021 through December | ||||||
6 | 31, 2021 every employer shall
pay to each of his or her | ||||||
7 | employees who is 18 years of age or
older in every occupation | ||||||
8 | wages of not less than $11 per hour,
and from January 1, 2022 | ||||||
9 | through December 31, 2022 every employer
shall pay to each of | ||||||
10 | his or her employees who is 18 years of age
or older in every | ||||||
11 | occupation wages of not less than $12 per
hour, and from | ||||||
12 | January 1, 2023 through December 31, 2023 every
employer shall | ||||||
13 | pay to each of his or her employees who is 18
years of age or | ||||||
14 | older in every occupation wages of not less
than $13 per hour, | ||||||
15 | and from January 1, 2024 through December 31, 2024, every | ||||||
16 | employer shall pay to each of his or her employees who is 18 | ||||||
17 | years of age or older in every occupation wages of not less | ||||||
18 | than $14 per hour; and on and after January 1, 2025, every
| ||||||
19 | employer shall pay to each of his or her employees who is 18
| ||||||
20 | years of age or older in every occupation wages of not less
| ||||||
21 | than $15 per hour.
| ||||||
22 | (2) Unless an employee's wages are reduced under Section | ||||||
23 | 6, then in lieu of the rate prescribed in item (1) of this | ||||||
24 | subsection (a), an employer may pay an employee who is 18 years | ||||||
25 | of age or older, during the first 90 consecutive calendar days | ||||||
26 | after the employee is initially employed by the employer, a |
| |||||||
| |||||||
1 | wage that is not more than 50˘
less than the wage prescribed in | ||||||
2 | item (1) of this subsection (a); however, an employer shall | ||||||
3 | pay not less than the rate prescribed in item (1) of this | ||||||
4 | subsection (a) to: | ||||||
5 | (A) a day or temporary laborer, as defined in Section | ||||||
6 | 5 of the Day and Temporary Labor Services Act, who is 18 | ||||||
7 | years of age or older; and | ||||||
8 | (B) an employee who is 18 years of age or older and | ||||||
9 | whose employment is occasional or irregular and
requires | ||||||
10 | not more than 90 days to complete. | ||||||
11 | (3) At no time on or before December 31, 2019
shall the | ||||||
12 | wages paid to any employee under 18 years of age be more than | ||||||
13 | 50˘
less than the wage required to be paid to employees who are | ||||||
14 | at least 18 years
of age under item (1) of this subsection (a). | ||||||
15 | Beginning on January 1, 2020, every employer shall pay
to each | ||||||
16 | of his or her employees who is under 18 years of age
that has | ||||||
17 | worked more than 650 hours for the employer during any
| ||||||
18 | calendar year a wage not less than the wage required for
| ||||||
19 | employees who are 18 years of age or older under paragraph (1)
| ||||||
20 | of subsection (a) of Section 4 of this Act. Every employer
| ||||||
21 | shall pay to each of his or her employees who is under 18 years
| ||||||
22 | of age that has not worked more than 650 hours for the employer
| ||||||
23 | during any calendar year: (1) $8 per hour from January 1, 2020
| ||||||
24 | through December 31, 2020; (2) $8.50 per hour from January 1, | ||||||
25 | 2021
through December 31, 2021; (3) $9.25 per hour from | ||||||
26 | January 1, 2022
through December 31, 2022; (4) $10.50 per hour |
| |||||||
| |||||||
1 | from January 1, 2023
through December 31, 2023; (5) $12 per | ||||||
2 | hour from January
1, 2024 through December 31, 2024; and (6) | ||||||
3 | $13 per hour on and after January 1, 2025.
| ||||||
4 | (b) No employer shall discriminate between employees on | ||||||
5 | the basis of sex
or mental or physical disability, except as | ||||||
6 | otherwise provided in this Act by
paying wages to employees at | ||||||
7 | a rate less than the rate at which he pays
wages to employees | ||||||
8 | for the same or substantially
similar work on jobs the | ||||||
9 | performance of which requires equal skill, effort,
and | ||||||
10 | responsibility, and which are performed under similar working
| ||||||
11 | conditions, except where such payment is made pursuant to (1) | ||||||
12 | a seniority
system; (2) a merit system; (3) a system which | ||||||
13 | measures earnings by
quantity or quality of production; or (4) | ||||||
14 | a differential based on any other
factor other than sex or | ||||||
15 | mental or physical disability, except as otherwise
provided in | ||||||
16 | this Act.
| ||||||
17 | (c) Every employer of an employee engaged in an
occupation | ||||||
18 | in which gratuities have customarily and usually constituted | ||||||
19 | and
have been recognized as part of the remuneration for hire | ||||||
20 | purposes is
entitled to an allowance for gratuities as part of | ||||||
21 | the hourly wage rate
provided in Section 4, subsection (a) in | ||||||
22 | an amount not to exceed 40% of the
applicable minimum wage | ||||||
23 | rate. The Director shall require each employer
desiring an | ||||||
24 | allowance for gratuities to provide substantial evidence that
| ||||||
25 | the amount claimed, which may not exceed 40% of the applicable | ||||||
26 | minimum wage
rate, was received by the employee in the period |
| |||||||
| |||||||
1 | for which the claim of
exemption is made, and no part thereof | ||||||
2 | was returned to the employer.
| ||||||
3 | (d) No camp counselor who resides on the premises of a | ||||||
4 | seasonal camp of
an organized not-for-profit corporation shall | ||||||
5 | be subject to the adult minimum
wage if the camp counselor (1) | ||||||
6 | works 40 or more hours per week, and (2)
receives a total | ||||||
7 | weekly salary of not less than the adult minimum
wage for a | ||||||
8 | 40-hour week. If the counselor works less than 40 hours per
| ||||||
9 | week, the counselor shall be paid the minimum hourly wage for | ||||||
10 | each hour
worked. Every employer of a camp counselor under | ||||||
11 | this subsection is entitled
to an allowance for meals and | ||||||
12 | lodging as part of the hourly wage rate provided
in Section 4, | ||||||
13 | subsection (a), in an amount not to exceed 25% of the
minimum | ||||||
14 | wage rate.
| ||||||
15 | (e) A camp counselor employed at a day camp is not subject | ||||||
16 | to the adult minimum wage if the
camp counselor is paid a | ||||||
17 | stipend on a onetime or periodic basis and, if
the camp | ||||||
18 | counselor is a minor, the minor's parent, guardian or other
| ||||||
19 | custodian has consented in writing to the terms of payment | ||||||
20 | before the
commencement of such employment. | ||||||
21 | (f) An employer shall pay to each of his or her employees | ||||||
22 | working as a lifeguards occupation wages of not less than | ||||||
23 | $22.50 an hour, regardless of the age of the employee.
| ||||||
24 | (Source: P.A. 101-1, eff. 2-19-19.)
|