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Illinois House Bill HB5345

Illinois 2023-2024 Regular Session

Illinois House Bill HB5345 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5345 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED: 820 ILCS 105/4 from Ch. 48, par. 1004 Amends the Minimum Wage Law. Provides that, on and after January 1, 2025, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum wage rate, including any minimum wage rate higher than the State minimum wage as required by local ordinance in home rule municipalities. Preempts home rule. Effective January 1, 2025. LRB103 38149 SPS 68282 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5345 Introduced , by Rep. Elizabeth "Lisa" Hernandez 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, on and after January 1, 2025, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum wage rate, including any minimum wage rate higher than the State minimum wage as required by local ordinance in home rule municipalities. Preempts home rule. Effective January 1, 2025. LRB103 38149 SPS 68282 b LRB103 38149 SPS 68282 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5345 Introduced , by Rep. Elizabeth "Lisa" Hernandez 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, on and after January 1, 2025, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum wage rate, including any minimum wage rate higher than the State minimum wage as required by local ordinance in home rule municipalities. Preempts home rule. Effective January 1, 2025.
66 LRB103 38149 SPS 68282 b LRB103 38149 SPS 68282 b
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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 5. The Minimum Wage Law is amended by changing
1515 5 Section 4 as follows:
1616 6 (820 ILCS 105/4) (from Ch. 48, par. 1004)
1717 7 Sec. 4. (a)(1) Every employer shall pay to each of his
1818 8 employees in every occupation wages of not less than $2.30 per
1919 9 hour or in the case of employees under 18 years of age wages of
2020 10 not less than $1.95 per hour, except as provided in Sections 5
2121 11 and 6 of this Act, and on and after January 1, 1984, every
2222 12 employer shall pay to each of his employees in every
2323 13 occupation wages of not less than $2.65 per hour or in the case
2424 14 of employees under 18 years of age wages of not less than $2.25
2525 15 per hour, and on and after October 1, 1984 every employer shall
2626 16 pay to each of his employees in every occupation wages of not
2727 17 less than $3.00 per hour or in the case of employees under 18
2828 18 years of age wages of not less than $2.55 per hour, and on or
2929 19 after July 1, 1985 every employer shall pay to each of his
3030 20 employees in every occupation wages of not less than $3.35 per
3131 21 hour or in the case of employees under 18 years of age wages of
3232 22 not less than $2.85 per hour, and from January 1, 2004 through
3333 23 December 31, 2004 every employer shall pay to each of his or
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5345 Introduced , by Rep. Elizabeth "Lisa" Hernandez SYNOPSIS AS INTRODUCED:
3838 820 ILCS 105/4 from Ch. 48, par. 1004 820 ILCS 105/4 from Ch. 48, par. 1004
3939 820 ILCS 105/4 from Ch. 48, par. 1004
4040 Amends the Minimum Wage Law. Provides that, on and after January 1, 2025, an employer shall not be entitled to an allowance for gratuities and shall pay each employee no less than the applicable minimum wage rate, including any minimum wage rate higher than the State minimum wage as required by local ordinance in home rule municipalities. Preempts home rule. Effective January 1, 2025.
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4343 A BILL FOR
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6868 1 her employees who is 18 years of age or older in every
6969 2 occupation wages of not less than $5.50 per hour, and from
7070 3 January 1, 2005 through June 30, 2007 every employer shall pay
7171 4 to each of his or her employees who is 18 years of age or older
7272 5 in every occupation wages of not less than $6.50 per hour, and
7373 6 from July 1, 2007 through June 30, 2008 every employer shall
7474 7 pay to each of his or her employees who is 18 years of age or
7575 8 older in every occupation wages of not less than $7.50 per
7676 9 hour, and from July 1, 2008 through June 30, 2009 every
7777 10 employer shall pay to each of his or her employees who is 18
7878 11 years of age or older in every occupation wages of not less
7979 12 than $7.75 per hour, and from July 1, 2009 through June 30,
8080 13 2010 every employer shall pay to each of his or her employees
8181 14 who is 18 years of age or older in every occupation wages of
8282 15 not less than $8.00 per hour, and from July 1, 2010 through
8383 16 December 31, 2019 every employer shall pay to each of his or
8484 17 her employees who is 18 years of age or older in every
8585 18 occupation wages of not less than $8.25 per hour, and from
8686 19 January 1, 2020 through June 30, 2020, every employer shall
8787 20 pay to each of his or her employees who is 18 years of age or
8888 21 older in every occupation wages of not less than $9.25 per
8989 22 hour, and from July 1, 2020 through December 31, 2020 every
9090 23 employer shall pay to each of his or her employees who is 18
9191 24 years of age or older in every occupation wages of not less
9292 25 than $10 per hour, and from January 1, 2021 through December
9393 26 31, 2021 every employer shall pay to each of his or her
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104104 1 employees who is 18 years of age or older in every occupation
105105 2 wages of not less than $11 per hour, and from January 1, 2022
106106 3 through December 31, 2022 every employer shall pay to each of
107107 4 his or her employees who is 18 years of age or older in every
108108 5 occupation wages of not less than $12 per hour, and from
109109 6 January 1, 2023 through December 31, 2023 every employer shall
110110 7 pay to each of his or her employees who is 18 years of age or
111111 8 older in every occupation wages of not less than $13 per hour,
112112 9 and from January 1, 2024 through December 31, 2024, every
113113 10 employer shall pay to each of his or her employees who is 18
114114 11 years of age or older in every occupation wages of not less
115115 12 than $14 per hour; and on and after January 1, 2025, every
116116 13 employer shall pay to each of his or her employees who is 18
117117 14 years of age or older in every occupation wages of not less
118118 15 than $15 per hour.
119119 16 (2) Unless an employee's wages are reduced under Section
120120 17 6, then in lieu of the rate prescribed in item (1) of this
121121 18 subsection (a), an employer may pay an employee who is 18 years
122122 19 of age or older, during the first 90 consecutive calendar days
123123 20 after the employee is initially employed by the employer, a
124124 21 wage that is not more than 50 less than the wage prescribed in
125125 22 item (1) of this subsection (a); however, an employer shall
126126 23 pay not less than the rate prescribed in item (1) of this
127127 24 subsection (a) to:
128128 25 (A) a day or temporary laborer, as defined in Section
129129 26 5 of the Day and Temporary Labor Services Act, who is 18
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140140 1 years of age or older; and
141141 2 (B) an employee who is 18 years of age or older and
142142 3 whose employment is occasional or irregular and requires
143143 4 not more than 90 days to complete.
144144 5 (3) At no time on or before December 31, 2019 shall the
145145 6 wages paid to any employee under 18 years of age be more than
146146 7 50 less than the wage required to be paid to employees who are
147147 8 at least 18 years of age under item (1) of this subsection (a).
148148 9 Beginning on January 1, 2020, every employer shall pay to each
149149 10 of his or her employees who is under 18 years of age that has
150150 11 worked more than 650 hours for the employer during any
151151 12 calendar year a wage not less than the wage required for
152152 13 employees who are 18 years of age or older under paragraph (1)
153153 14 of subsection (a) of Section 4 of this Act. Every employer
154154 15 shall pay to each of his or her employees who is under 18 years
155155 16 of age that has not worked more than 650 hours for the employer
156156 17 during any calendar year: (1) $8 per hour from January 1, 2020
157157 18 through December 31, 2020; (2) $8.50 per hour from January 1,
158158 19 2021 through December 31, 2021; (3) $9.25 per hour from
159159 20 January 1, 2022 through December 31, 2022; (4) $10.50 per hour
160160 21 from January 1, 2023 through December 31, 2023; (5) $12 per
161161 22 hour from January 1, 2024 through December 31, 2024; and (6)
162162 23 $13 per hour on and after January 1, 2025.
163163 24 (b) No employer shall discriminate between employees on
164164 25 the basis of sex or mental or physical disability, except as
165165 26 otherwise provided in this Act by paying wages to employees at
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176176 1 a rate less than the rate at which he pays wages to employees
177177 2 for the same or substantially similar work on jobs the
178178 3 performance of which requires equal skill, effort, and
179179 4 responsibility, and which are performed under similar working
180180 5 conditions, except where such payment is made pursuant to (1)
181181 6 a seniority system; (2) a merit system; (3) a system which
182182 7 measures earnings by quantity or quality of production; or (4)
183183 8 a differential based on any other factor other than sex or
184184 9 mental or physical disability, except as otherwise provided in
185185 10 this Act.
186186 11 (c) Through December 31, 2024, every Every employer of an
187187 12 employee engaged in an occupation in which gratuities have
188188 13 customarily and usually constituted and have been recognized
189189 14 as part of the remuneration for hire purposes is entitled to an
190190 15 allowance for gratuities as part of the hourly wage rate
191191 16 provided in Section 4, subsection (a) in an amount not to
192192 17 exceed 40% of the applicable minimum wage rate. The Director
193193 18 shall require each employer desiring an allowance for
194194 19 gratuities to provide substantial evidence that the amount
195195 20 claimed, which may not exceed 40% of the applicable minimum
196196 21 wage rate, was received by the employee in the period for which
197197 22 the claim of exemption is made, and no part thereof was
198198 23 returned to the employer. On and after January 1, 2025, an
199199 24 employer shall not be entitled to an allowance for gratuities
200200 25 and shall pay each employee no less than the applicable
201201 26 minimum wage rate, including any minimum wage rate higher than
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212212 1 the State minimum wage as required by local ordinance in home
213213 2 rule municipalities.
214214 3 This subsection is a denial and limitation of home rule
215215 4 powers and functions under subsection (g) of Section 6 of
216216 5 Article VII of the Illinois Constitution.
217217 6 (d) No camp counselor who resides on the premises of a
218218 7 seasonal camp of an organized not-for-profit corporation shall
219219 8 be subject to the adult minimum wage if the camp counselor (1)
220220 9 works 40 or more hours per week, and (2) receives a total
221221 10 weekly salary of not less than the adult minimum wage for a
222222 11 40-hour week. If the counselor works less than 40 hours per
223223 12 week, the counselor shall be paid the minimum hourly wage for
224224 13 each hour worked. Every employer of a camp counselor under
225225 14 this subsection is entitled to an allowance for meals and
226226 15 lodging as part of the hourly wage rate provided in Section 4,
227227 16 subsection (a), in an amount not to exceed 25% of the minimum
228228 17 wage rate.
229229 18 (e) A camp counselor employed at a day camp is not subject
230230 19 to the adult minimum wage if the camp counselor is paid a
231231 20 stipend on a onetime or periodic basis and, if the camp
232232 21 counselor is a minor, the minor's parent, guardian or other
233233 22 custodian has consented in writing to the terms of payment
234234 23 before the commencement of such employment.
235235 24 (Source: P.A. 101-1, eff. 2-19-19.)
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