Bill Text: IL SB2552 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Minimum Wage Law. Increases the minimum wage for workers who are 26 years of age or older to $9 per hour in 2017, $9.50 per hour in 2018, and $10 per hour in 2019. Makes corresponding changes in the Act. Provides that a municipality may not establish a minimum wage in an amount greater than the minimum wage established under the Minimum Wage Law and preempts home rule.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-05-13 - Rule 3-9(a) / Re-referred to Assignments [SB2552 Detail]
Download: Illinois-2015-SB2552-Introduced.html
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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 5. The Minimum Wage Law is amended by changing | ||||||||||||||||||||||||
5 | Section 4 as follows:
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6 | (820 ILCS 105/4) (from Ch. 48, par. 1004)
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7 | Sec. 4. (a)(1) Through December 31, 2016 Every employer | ||||||||||||||||||||||||
8 | shall pay to each of his employees in every
occupation wages of | ||||||||||||||||||||||||
9 | not less than $2.30 per hour or in the case of
employees under | ||||||||||||||||||||||||
10 | 18 years of age wages of not less than $1.95 per hour,
except | ||||||||||||||||||||||||
11 | as provided in Sections 5 and 6 of this Act, and on and after
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12 | January 1, 1984, every employer shall pay to each of his | ||||||||||||||||||||||||
13 | employees in every
occupation wages of not less than $2.65 per | ||||||||||||||||||||||||
14 | hour or in the case of
employees under 18 years of age wages of | ||||||||||||||||||||||||
15 | not less than $2.25 per hour, and
on and after October 1, 1984 | ||||||||||||||||||||||||
16 | every employer shall pay to each of his
employees in every | ||||||||||||||||||||||||
17 | occupation wages of not less than $3.00 per hour or in
the case | ||||||||||||||||||||||||
18 | of employees under 18 years of age wages of not less than $2.55
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19 | per hour, and on or after July 1, 1985 every employer shall pay | ||||||||||||||||||||||||
20 | to each of
his employees in every occupation wages of not less | ||||||||||||||||||||||||
21 | than $3.35 per hour or
in the case of employees under 18 years | ||||||||||||||||||||||||
22 | of age wages of not less than $2.85
per hour,
and from January | ||||||||||||||||||||||||
23 | 1, 2004 through December 31, 2004 every employer shall pay
to
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1 | each of his or her employees who is 18 years of age or older in | ||||||
2 | every
occupation wages of not less than $5.50 per hour, and | ||||||
3 | from
January 1,
2005 through June 30, 2007 every employer shall | ||||||
4 | pay to each of his or her employees who is 18 years
of age or | ||||||
5 | older in every occupation wages of not less than $6.50 per | ||||||
6 | hour, and from July 1, 2007 through June 30, 2008 every | ||||||
7 | employer shall pay to each of his or her employees who is 18 | ||||||
8 | years
of age or older in every occupation wages of not less | ||||||
9 | than $7.50 per hour, and from July 1, 2008 through June 30, | ||||||
10 | 2009 every employer shall pay to each of his or her employees | ||||||
11 | who is 18 years
of age or older in every occupation wages of | ||||||
12 | not less than $7.75 per hour, and from July 1, 2009 through | ||||||
13 | June 30, 2010 every employer shall pay to each of his or her | ||||||
14 | employees who is 18 years
of age or older in every occupation | ||||||
15 | wages of not less than $8.00 per hour, and on and after July 1, | ||||||
16 | 2010 every employer shall pay to each of his or her employees | ||||||
17 | who is 18 years of age or older in every occupation wages of | ||||||
18 | not less than $8.25 per hour , and on and after January 1, 2017 | ||||||
19 | every employer shall pay to each of his or her employees who is | ||||||
20 | at least 18 years of age but under 26 years of age in every | ||||||
21 | occupation wages of not less than $8.25 per hour, and from | ||||||
22 | January 1, 2017 through December 31, 2017 every employer shall | ||||||
23 | pay to each of his or her employees who is 26 years
of age or | ||||||
24 | older in every occupation wages of not less than $9 per hour, | ||||||
25 | and from January 1, 2018 through December 31, 2018 every | ||||||
26 | employer shall pay to each of his or her employees who is 26 |
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1 | years
of age or older in every occupation wages of not less | ||||||
2 | than $9.50 per hour, and on and after January 1, 2019 every | ||||||
3 | employer shall pay to each of his or her employees who is 26 | ||||||
4 | years
of age or older in every occupation wages of not less | ||||||
5 | than $10 per hour .
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6 | (2) Unless an employee's wages are reduced under Section 6, | ||||||
7 | then in lieu of the rate prescribed in item (1) of this | ||||||
8 | subsection (a), an employer may pay an employee who is 18 years | ||||||
9 | of age or older, during the first 90 consecutive calendar days | ||||||
10 | after the employee is initially employed by the employer, a | ||||||
11 | wage that is not more than 50¢
less than the wage prescribed in | ||||||
12 | item (1) of this subsection (a); however, an employer shall pay | ||||||
13 | not less than the rate prescribed in item (1) of this | ||||||
14 | subsection (a) to: | ||||||
15 | (A) a day or temporary laborer, as defined in Section 5 | ||||||
16 | of the Day and Temporary Labor Services Act, who is 18 | ||||||
17 | years of age or older; and | ||||||
18 | (B) an employee who is 18 years of age or older and | ||||||
19 | whose employment is occasional or irregular and
requires | ||||||
20 | not more than 90 days to complete. | ||||||
21 | (3) At no time
shall the wages paid to any employee under | ||||||
22 | 18 years of age be more than 50¢
less than the wage required to | ||||||
23 | be paid to employees who are at least 18 years
of age but under | ||||||
24 | 26 years of age under item (1) of this subsection (a).
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25 | (b) No employer shall discriminate between employees on the | ||||||
26 | basis of sex
or mental or physical disability, except as |
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1 | otherwise provided in this Act by
paying wages to employees at | ||||||
2 | a rate less than the rate at which he pays
wages to employees | ||||||
3 | for the same or substantially
similar work on jobs the | ||||||
4 | performance of which requires equal skill, effort,
and | ||||||
5 | responsibility, and which are performed under similar working
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6 | conditions, except where such payment is made pursuant to (1) a | ||||||
7 | seniority
system; (2) a merit system; (3) a system which | ||||||
8 | measures earnings by
quantity or quality of production; or (4) | ||||||
9 | a differential based on any other
factor other than sex or | ||||||
10 | mental or physical disability, except as otherwise
provided in | ||||||
11 | this Act.
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12 | (c) Every employer of an employee engaged in an
occupation | ||||||
13 | in which gratuities have customarily and usually constituted | ||||||
14 | and
have been recognized as part of the remuneration for hire | ||||||
15 | purposes is
entitled to an allowance for gratuities as part of | ||||||
16 | the hourly wage rate
provided in Section 4, subsection (a) in | ||||||
17 | an amount not to exceed 40% of the
applicable minimum wage | ||||||
18 | rate. The Director shall require each employer
desiring an | ||||||
19 | allowance for gratuities to provide substantial evidence that
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20 | the amount claimed, which may not exceed 40% of the applicable | ||||||
21 | minimum wage
rate, was received by the employee in the period | ||||||
22 | for which the claim of
exemption is made, and no part thereof | ||||||
23 | was returned to the employer.
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24 | (d) No camp counselor who resides on the premises of a | ||||||
25 | seasonal camp of
an organized not-for-profit corporation shall | ||||||
26 | be subject to the adult minimum
wage if the camp counselor (1) |
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1 | works 40 or more hours per week, and (2)
receives a total | ||||||
2 | weekly salary of not less than the adult minimum
wage for a | ||||||
3 | 40-hour week. If the counselor works less than 40 hours per
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4 | week, the counselor shall be paid the minimum hourly wage for | ||||||
5 | each hour
worked. Every employer of a camp counselor under this | ||||||
6 | subsection is entitled
to an allowance for meals and lodging as | ||||||
7 | part of the hourly wage rate provided
in Section 4, subsection | ||||||
8 | (a), in an amount not to exceed 25% of the
minimum wage rate.
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9 | (e) A camp counselor employed at a day camp is not subject | ||||||
10 | to the adult minimum wage if the
camp counselor is paid a | ||||||
11 | stipend on a onetime or periodic basis and, if
the camp | ||||||
12 | counselor is a minor, the minor's parent, guardian or other
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13 | custodian has consented in writing to the terms of payment | ||||||
14 | before the
commencement of such employment.
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15 | (f) A municipality, including a home rule municipality, may | ||||||
16 | not establish a minimum wage in an amount in excess of the | ||||||
17 | minimum wage established under this Section. This Section is a | ||||||
18 | denial and limitation of home rule powers and functions under | ||||||
19 | subsection (g) of Article VII of the Illinois Constitution. | ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15.)
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