HB0353 102ND GENERAL ASSEMBLY

  
  


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0353

Introduced 1/29/2021, 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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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Minimum Wage Law is amended by changing
5Section 4 as follows:
6 (820 ILCS 105/4) (from Ch. 48, par. 1004)
7 Sec. 4. (a)(1) Except as provided in paragraph (4), every
8Every employer shall pay to each of his employees in every
9occupation wages of not less than $2.30 per hour or in the case
10of employees under 18 years of age wages of not less than $1.95
11per hour, except as provided in Sections 5 and 6 of this Act,
12and on and after January 1, 1984, every employer shall pay to
13each of his employees in every occupation wages of not less
14than $2.65 per hour or in the case of employees under 18 years
15of age wages of not less than $2.25 per hour, and on and after
16October 1, 1984 every employer shall pay to each of his
17employees in every occupation wages of not less than $3.00 per
18hour or in the case of employees under 18 years of age wages of
19not less than $2.55 per hour, and on or after July 1, 1985
20every employer shall pay to each of his employees in every
21occupation wages of not less than $3.35 per hour or in the case
22of employees under 18 years of age wages of not less than $2.85
23per hour, and from January 1, 2004 through December 31, 2004

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1every employer shall pay to each of his or her employees who is
218 years of age or older in every occupation wages of not less
3than $5.50 per hour, and from January 1, 2005 through June 30,
42007 every employer shall pay to each of his or her employees
5who is 18 years of age or older in every occupation wages of
6not less than $6.50 per hour, and from July 1, 2007 through
7June 30, 2008 every employer shall pay to each of his or her
8employees who is 18 years of age or older in every occupation
9wages of not less than $7.50 per hour, and from July 1, 2008
10through June 30, 2009 every employer shall pay to each of his
11or her employees who is 18 years of age or older in every
12occupation wages of not less than $7.75 per hour, and from July
131, 2009 through June 30, 2010 every employer shall pay to each
14of his or her employees who is 18 years of age or older in
15every occupation wages of not less than $8.00 per hour, and
16from July 1, 2010 through December 31, 2019 every employer
17shall pay to each of his or her employees who is 18 years of
18age or older in every occupation wages of not less than $8.25
19per hour, and from January 1, 2020 through June 30, 2020, every
20employer shall pay to each of his or her employees who is 18
21years of age or older in every occupation wages of not less
22than $9.25 per hour, and from July 1, 2020 through December 31,
232020 every employer shall pay to each of his or her employees
24who is 18 years of age or older in every occupation wages of
25not less than $10 per hour, and from January 1, 2021 through
26December 31, 2021 every employer shall pay to each of his or

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1her employees who is 18 years of age or older in every
2occupation wages of not less than $11 per hour, and from
3January 1, 2022 through December 31, 2022 every employer shall
4pay to each of his or her employees who is 18 years of age or
5older in every occupation wages of not less than $12 per hour,
6and from January 1, 2023 through December 31, 2023 every
7employer shall pay to each of his or her employees who is 18
8years of age or older in every occupation wages of not less
9than $13 per hour, and from January 1, 2024 through December
1031, 2024, every employer shall pay to each of his or her
11employees who is 18 years of age or older in every occupation
12wages of not less than $14 per hour; and on and after January
131, 2025, every employer shall pay to each of his or her
14employees who is 18 years of age or older in every occupation
15wages of not less than $15 per hour.
16 (2) Unless an employee's wages are reduced under Section
176, then in lieu of the rate prescribed in item (1) of this
18subsection (a), an employer may pay an employee who is 18 years
19of age or older, during the first 90 consecutive calendar days
20after the employee is initially employed by the employer, a
21wage that is not more than 50¢ less than the wage prescribed in
22item (1) of this subsection (a); however, an employer shall
23pay not less than the rate prescribed in item (1) of this
24subsection (a) to:
25 (A) a day or temporary laborer, as defined in Section
26 5 of the Day and Temporary Labor Services Act, who is 18

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1 years of age or older; and
2 (B) an employee who is 18 years of age or older and
3 whose employment is occasional or irregular and requires
4 not more than 90 days to complete.
5 (3) At no time on or before December 31, 2019 shall the
6wages paid to any employee under 18 years of age be more than
750¢ less than the wage required to be paid to employees who are
8at least 18 years of age under item (1) of this subsection (a).
9Beginning on January 1, 2020, every employer shall pay to each
10of his or her employees who is under 18 years of age that has
11worked more than 650 hours for the employer during any
12calendar year a wage not less than the wage required for
13employees who are 18 years of age or older under paragraph (1)
14of subsection (a) of Section 4 of this Act or, if applicable, a
15wage not less than the wage required for essential workers
16under paragraph (4). Except as provided in paragraph (4),
17every . Every employer shall pay to each of his or her
18employees who is under 18 years of age that has not worked more
19than 650 hours for the employer during any calendar year: (1)
20$8 per hour from January 1, 2020 through December 31, 2020; (2)
21$8.50 per hour from January 1, 2021 through December 31, 2021;
22(3) $9.25 per hour from January 1, 2022 through December 31,
232022; (4) $10.50 per hour from January 1, 2023 through
24December 31, 2023; (5) $12 per hour from January 1, 2024
25through December 31, 2024; and (6) $13 per hour on and after
26January 1, 2025.

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1 (4) Beginning on the effective date of this amendatory Act
2of the 102nd General Assembly, every employer shall pay to
3each of his or her employees who is an essential worker wages
4of not less than $20 per hour for the duration of the COVID-19
5public health emergency. For purposes of this paragraph,
6essential workers are those workers outlined in Executive
7Order No. 2020-10 issued on March 20, 2020.
8 (b) No employer shall discriminate between employees on
9the basis of sex or mental or physical disability, except as
10otherwise provided in this Act by paying wages to employees at
11a rate less than the rate at which he pays wages to employees
12for the same or substantially similar work on jobs the
13performance of which requires equal skill, effort, and
14responsibility, and which are performed under similar working
15conditions, except where such payment is made pursuant to (1)
16a seniority system; (2) a merit system; (3) a system which
17measures earnings by quantity or quality of production; or (4)
18a differential based on any other factor other than sex or
19mental or physical disability, except as otherwise provided in
20this Act.
21 (c) Every employer of an employee engaged in an occupation
22in which gratuities have customarily and usually constituted
23and have been recognized as part of the remuneration for hire
24purposes is entitled to an allowance for gratuities as part of
25the hourly wage rate provided in Section 4, subsection (a) in
26an amount not to exceed 40% of the applicable minimum wage

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1rate. The Director shall require each employer desiring an
2allowance for gratuities to provide substantial evidence that
3the amount claimed, which may not exceed 40% of the applicable
4minimum wage rate, was received by the employee in the period
5for which the claim of exemption is made, and no part thereof
6was returned to the employer.
7 (d) No camp counselor who resides on the premises of a
8seasonal camp of an organized not-for-profit corporation shall
9be subject to the adult minimum wage if the camp counselor (1)
10works 40 or more hours per week, and (2) receives a total
11weekly salary of not less than the adult minimum wage for a
1240-hour week. If the counselor works less than 40 hours per
13week, the counselor shall be paid the minimum hourly wage for
14each hour worked. Every employer of a camp counselor under
15this subsection is entitled to an allowance for meals and
16lodging as part of the hourly wage rate provided in Section 4,
17subsection (a), in an amount not to exceed 25% of the minimum
18wage rate.
19 (e) A camp counselor employed at a day camp is not subject
20to the adult minimum wage if the camp counselor is paid a
21stipend on a onetime or periodic basis and, if the camp
22counselor is a minor, the minor's parent, guardian or other
23custodian has consented in writing to the terms of payment
24before the commencement of such employment.
25(Source: P.A. 101-1, eff. 2-19-19.)
26 Section 99. Effective date. This Act takes effect upon

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1becoming law.