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Illinois House Bill HB3852

Illinois 2023-2024 Regular Session

Illinois House Bill HB3852 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3852 Introduced , by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED: 820 ILCS 105/4 from Ch. 48, par. 1004 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. LRB103 26799 SPS 53163 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3852 Introduced , by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED: 820 ILCS 105/4 from Ch. 48, par. 1004 820 ILCS 105/4 from Ch. 48, par. 1004 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. LRB103 26799 SPS 53163 b LRB103 26799 SPS 53163 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3852 Introduced , by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED:
33 820 ILCS 105/4 from Ch. 48, par. 1004 820 ILCS 105/4 from Ch. 48, par. 1004
44 820 ILCS 105/4 from Ch. 48, par. 1004
55 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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1111 1 AN ACT concerning employment.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Findings. There is a shortage of lifeguards in
1515 5 the State of Illinois. In order to recruit and retain more
1616 6 lifeguards, who play a vital public safety role in our
1717 7 communities, we must ensure that the wages for lifeguards are
1818 8 high enough to attract quality candidates into the field.
1919 9 Section 5. The Minimum Wage Law is amended by changing
2020 10 Section 4 as follows:
2121 11 (820 ILCS 105/4) (from Ch. 48, par. 1004)
2222 12 Sec. 4. (a)(1) Every employer shall pay to each of his
2323 13 employees in every occupation wages of not less than $2.30 per
2424 14 hour or in the case of employees under 18 years of age wages of
2525 15 not less than $1.95 per hour, except as provided in Sections 5
2626 16 and 6 of this Act, and on and after January 1, 1984, every
2727 17 employer shall pay to each of his employees in every
2828 18 occupation wages of not less than $2.65 per hour or in the case
2929 19 of employees under 18 years of age wages of not less than $2.25
3030 20 per hour, and on and after October 1, 1984 every employer shall
3131 21 pay to each of his employees in every occupation wages of not
3232 22 less than $3.00 per hour or in the case of employees under 18
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3636 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3852 Introduced , by Rep. Cyril Nichols SYNOPSIS AS INTRODUCED:
3737 820 ILCS 105/4 from Ch. 48, par. 1004 820 ILCS 105/4 from Ch. 48, par. 1004
3838 820 ILCS 105/4 from Ch. 48, par. 1004
3939 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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6767 1 years of age wages of not less than $2.55 per hour, and on or
6868 2 after July 1, 1985 every employer shall pay to each of his
6969 3 employees in every occupation wages of not less than $3.35 per
7070 4 hour or in the case of employees under 18 years of age wages of
7171 5 not less than $2.85 per hour, and from January 1, 2004 through
7272 6 December 31, 2004 every employer shall pay to each of his or
7373 7 her employees who is 18 years of age or older in every
7474 8 occupation wages of not less than $5.50 per hour, and from
7575 9 January 1, 2005 through June 30, 2007 every employer shall pay
7676 10 to each of his or her employees who is 18 years of age or older
7777 11 in every occupation wages of not less than $6.50 per hour, and
7878 12 from July 1, 2007 through June 30, 2008 every employer shall
7979 13 pay to each of his or her employees who is 18 years of age or
8080 14 older in every occupation wages of not less than $7.50 per
8181 15 hour, and from July 1, 2008 through June 30, 2009 every
8282 16 employer shall pay to each of his or her employees who is 18
8383 17 years of age or older in every occupation wages of not less
8484 18 than $7.75 per hour, and from July 1, 2009 through June 30,
8585 19 2010 every employer shall pay to each of his or her employees
8686 20 who is 18 years of age or older in every occupation wages of
8787 21 not less than $8.00 per hour, and from July 1, 2010 through
8888 22 December 31, 2019 every employer shall pay to each of his or
8989 23 her employees who is 18 years of age or older in every
9090 24 occupation wages of not less than $8.25 per hour, and from
9191 25 January 1, 2020 through June 30, 2020, every employer shall
9292 26 pay to each of his or her employees who is 18 years of age or
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103103 1 older in every occupation wages of not less than $9.25 per
104104 2 hour, and from July 1, 2020 through December 31, 2020 every
105105 3 employer shall pay to each of his or her employees who is 18
106106 4 years of age or older in every occupation wages of not less
107107 5 than $10 per hour, and from January 1, 2021 through December
108108 6 31, 2021 every employer shall pay to each of his or her
109109 7 employees who is 18 years of age or older in every occupation
110110 8 wages of not less than $11 per hour, and from January 1, 2022
111111 9 through December 31, 2022 every employer shall pay to each of
112112 10 his or her employees who is 18 years of age or older in every
113113 11 occupation wages of not less than $12 per hour, and from
114114 12 January 1, 2023 through December 31, 2023 every employer shall
115115 13 pay to each of his or her employees who is 18 years of age or
116116 14 older in every occupation wages of not less than $13 per hour,
117117 15 and from January 1, 2024 through December 31, 2024, every
118118 16 employer shall pay to each of his or her employees who is 18
119119 17 years of age or older in every occupation wages of not less
120120 18 than $14 per hour; and on and after January 1, 2025, every
121121 19 employer shall pay to each of his or her employees who is 18
122122 20 years of age or older in every occupation wages of not less
123123 21 than $15 per hour.
124124 22 (2) Unless an employee's wages are reduced under Section
125125 23 6, then in lieu of the rate prescribed in item (1) of this
126126 24 subsection (a), an employer may pay an employee who is 18 years
127127 25 of age or older, during the first 90 consecutive calendar days
128128 26 after the employee is initially employed by the employer, a
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139139 1 wage that is not more than 50 less than the wage prescribed in
140140 2 item (1) of this subsection (a); however, an employer shall
141141 3 pay not less than the rate prescribed in item (1) of this
142142 4 subsection (a) to:
143143 5 (A) a day or temporary laborer, as defined in Section
144144 6 5 of the Day and Temporary Labor Services Act, who is 18
145145 7 years of age or older; and
146146 8 (B) an employee who is 18 years of age or older and
147147 9 whose employment is occasional or irregular and requires
148148 10 not more than 90 days to complete.
149149 11 (3) At no time on or before December 31, 2019 shall the
150150 12 wages paid to any employee under 18 years of age be more than
151151 13 50 less than the wage required to be paid to employees who are
152152 14 at least 18 years of age under item (1) of this subsection (a).
153153 15 Beginning on January 1, 2020, every employer shall pay to each
154154 16 of his or her employees who is under 18 years of age that has
155155 17 worked more than 650 hours for the employer during any
156156 18 calendar year a wage not less than the wage required for
157157 19 employees who are 18 years of age or older under paragraph (1)
158158 20 of subsection (a) of Section 4 of this Act. Every employer
159159 21 shall pay to each of his or her employees who is under 18 years
160160 22 of age that has not worked more than 650 hours for the employer
161161 23 during any calendar year: (1) $8 per hour from January 1, 2020
162162 24 through December 31, 2020; (2) $8.50 per hour from January 1,
163163 25 2021 through December 31, 2021; (3) $9.25 per hour from
164164 26 January 1, 2022 through December 31, 2022; (4) $10.50 per hour
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175175 1 from January 1, 2023 through December 31, 2023; (5) $12 per
176176 2 hour from January 1, 2024 through December 31, 2024; and (6)
177177 3 $13 per hour on and after January 1, 2025.
178178 4 (b) No employer shall discriminate between employees on
179179 5 the basis of sex or mental or physical disability, except as
180180 6 otherwise provided in this Act by paying wages to employees at
181181 7 a rate less than the rate at which he pays wages to employees
182182 8 for the same or substantially similar work on jobs the
183183 9 performance of which requires equal skill, effort, and
184184 10 responsibility, and which are performed under similar working
185185 11 conditions, except where such payment is made pursuant to (1)
186186 12 a seniority system; (2) a merit system; (3) a system which
187187 13 measures earnings by quantity or quality of production; or (4)
188188 14 a differential based on any other factor other than sex or
189189 15 mental or physical disability, except as otherwise provided in
190190 16 this Act.
191191 17 (c) Every employer of an employee engaged in an occupation
192192 18 in which gratuities have customarily and usually constituted
193193 19 and have been recognized as part of the remuneration for hire
194194 20 purposes is entitled to an allowance for gratuities as part of
195195 21 the hourly wage rate provided in Section 4, subsection (a) in
196196 22 an amount not to exceed 40% of the applicable minimum wage
197197 23 rate. The Director shall require each employer desiring an
198198 24 allowance for gratuities to provide substantial evidence that
199199 25 the amount claimed, which may not exceed 40% of the applicable
200200 26 minimum wage rate, was received by the employee in the period
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211211 1 for which the claim of exemption is made, and no part thereof
212212 2 was returned to the employer.
213213 3 (d) No camp counselor who resides on the premises of a
214214 4 seasonal camp of an organized not-for-profit corporation shall
215215 5 be subject to the adult minimum wage if the camp counselor (1)
216216 6 works 40 or more hours per week, and (2) receives a total
217217 7 weekly salary of not less than the adult minimum wage for a
218218 8 40-hour week. If the counselor works less than 40 hours per
219219 9 week, the counselor shall be paid the minimum hourly wage for
220220 10 each hour worked. Every employer of a camp counselor under
221221 11 this subsection is entitled to an allowance for meals and
222222 12 lodging as part of the hourly wage rate provided in Section 4,
223223 13 subsection (a), in an amount not to exceed 25% of the minimum
224224 14 wage rate.
225225 15 (e) A camp counselor employed at a day camp is not subject
226226 16 to the adult minimum wage if the camp counselor is paid a
227227 17 stipend on a onetime or periodic basis and, if the camp
228228 18 counselor is a minor, the minor's parent, guardian or other
229229 19 custodian has consented in writing to the terms of payment
230230 20 before the commencement of such employment.
231231 21 (f) An employer shall pay to each of his or her employees
232232 22 working as a lifeguards occupation wages of not less than
233233 23 $22.50 an hour, regardless of the age of the employee.
234234 24 (Source: P.A. 101-1, eff. 2-19-19.)
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