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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3852 Introduced , by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED:
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820 ILCS 105/4 | from Ch. 48, par. 1004 |
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Amends the Minimum Wage Law. Provides that an employer shall pay to each of his or her employees working as a lifeguards occupation wages of not less than $22.50 an hour, regardless of the age of the employee.
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| | A BILL FOR |
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| | HB3852 | | LRB103 26799 SPS 53163 b |
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| 1 | | AN ACT concerning employment.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 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.
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| 9 | | Section 5. The Minimum Wage Law is amended by changing |
| 10 | | Section 4 as follows:
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| 11 | | (820 ILCS 105/4) (from Ch. 48, par. 1004)
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| 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
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| 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 |
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| 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
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| 8 | | occupation wages of not less than $5.50 per hour, and from
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| 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
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| 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 |
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| 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
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| 19 | | employer shall pay to each of his or her employees who is 18
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| 20 | | years of age or older in every occupation wages of not less
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| 21 | | than $15 per hour.
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| 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 |
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| 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
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| 18 | | calendar year a wage not less than the wage required for
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| 19 | | employees who are 18 years of age or older under paragraph (1)
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| 20 | | of subsection (a) of Section 4 of this Act. Every employer
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| 21 | | shall pay to each of his or her employees who is under 18 years
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| 22 | | of age that has not worked more than 650 hours for the employer
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| 23 | | during any calendar year: (1) $8 per hour from January 1, 2020
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| 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 |
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| 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.
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| 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
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| 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.
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| 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
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| 25 | | the amount claimed, which may not exceed 40% of the applicable |
| 26 | | minimum wage
rate, was received by the employee in the period |
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| 1 | | for which the claim of
exemption is made, and no part thereof |
| 2 | | was returned to the employer.
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| 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
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| 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.
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| 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
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| 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.
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| 24 | | (Source: P.A. 101-1, eff. 2-19-19.)
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