HB 3752 — MINIMUM WAGE-DAY LABOR

HB3752 EngrossedEnrolled LRB094 10273 WGH 40541 b AN ACT concerning employment.

TheIf Day and Temporaryonly Laborif ServicesSenate ActBill is1268 amendedof bythe changing94th SectionsGeneral 5Assembly andbecomes 20law as follows:that bill was amended by House Amendment No.

(8203, ILCSthe 175/5)Minimum Sec.Wage Law is amended by changing Section 4 as follows:

5.(820 ILCS 105/4) (from Ch.

Definitions.48, par.

As1004) usedSec. in this Act:

"Day4. or temporary laborer" means a natural person who contracts for employment with a day and temporary labor service agency.

"Day(a)(1) andEvery temporaryemployer labor"shall meanspay laborto oreach employmentof thathis isemployees occasionalin every occupation wages of not less than $2.30 per hour or irregularin atthe whichcase aof personemployees isunder employed18 foryears of age wages of not longerless than $1.95 per hour, except as provided in Sections 5 and 6 of this Act, and on and after January 1, 1984, every employer shall pay to each of his employees in every occupation wages of not less than $2.65 per hour or in the timecase periodof requiredemployees under 18 years of age wages of not less than $2.25 per hour, and on and after October 1, 1984 every employer shall pay to completeeach of his employees in every occupation wages of not less than $3.00 per hour or in the assignmentcase forof whichemployees under 18 years of age wages of not less than $2.55 per hour, and on or after July 1, 1985 every employer shall pay to each of his employees in every occupation wages of not less than $3.35 per hour or in the personcase wasof hiredemployees under 18 years of age wages of not less than $2.85 per hour, and wherefrom wageJanuary payments1, are2004 madethrough directlyDecember 31, 2004 every employer shall pay to each of his or indirectlyher byemployees thewho dayis 18 years of age or older in every occupation wages of not less than $5.50 per hour, and temporaryfrom laborJanuary service1, agency2005 through June 30, 2007 every employer shall pay to each of his or theher thirdemployees partywho is 18 years of age or older in every occupation wages of not less than $6.50 per hour, and from July 1, 2007 through June 30, 2008 every employer forshall workpay undertakento byeach dayof his or temporaryher laborersemployees pursuantwho is 18 years of age or HB3752 Enrolled - 2 - LRB094 10273 WGH 40541 b older in every occupation wages of not less than $7.50 per hour, and from July 1, 2008 through June 30, 2009 every employer shall pay to aeach contractof betweenhis theor dayher employees who is 18 years of age or older in every occupation wages of not less than $7.75 per hour, and temporaryfrom laborJuly service1, agency2009 withthrough theJune third30, party2010 employer.every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $8.00 per hour, and on and after July 1, 2010 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $8.25 per hour.

"Day(2) andUnless temporaryan labor"employee’s doeswages notare includereduced laborunder orSection employment6, then in lieu of athe professionalrate prescribed in item (1) of this subsection (a), an employer may pay an employee who is 18 years of age or clericalolder, nature.during the first 90 consecutive calendar days after the employee is initially employed by the employer, a wage that is not more than 50¢ less than the wage prescribed in item (1) of this subsection (a);

"Dayhowever, andan temporaryemployer laborshall servicepay agency"not meansless anythan personthe orrate entityprescribed engaged in theitem business(1) of employingthis daysubsection or(a) temporaryto: laborers to provide services to or for any third party employer pursuant to a contract with the day and temporary labor service and the third party employer.

"Department"(A) meansa day or temporary laborer, as defined in Section 5 of the DepartmentDay and Temporary Labor Services Act, who is 18 years of Labor.age or older;

"Person"and means(B) everyan naturalemployee person,who firm,is partnership,18 copartnership,years limitedof liabilityage company,or corporation,older association,and orwhose otheremployment legalis entity,occasional or itsirregular legaland representative,requires agent,not ormore assigns.than 90 days to complete.

"Third(3) partyAt employer"no meanstime shall the wages paid to any personemployee thatunder contracts18 withyears aof dayage andbe temporarymore laborthan service50¢ agencyless forthan the employmentwage ofrequired HB3752to Engrossedbe -paid 2to -employees LRB094who 10273are WGHat 40541least b18 dayyears orof temporaryage laborers.under item (1) of this subsection (a).

(b) No employer shall discriminate between employees on the basis of sex or mental or physical handicap, except as otherwise provided in this Act by paying wages to employees at a rate less than the rate at which he pays wages to employees for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and HB3752 Enrolled - 3 - LRB094 10273 WGH 40541 b responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (1) a seniority system;

(2) a merit system;

(3) a system which measures earnings by quantity or quality of production;

or (4) a differential based on any other factor other than sex or mental or physical handicap, except as otherwise provided in this Act.

(c) Every employer of an employee engaged in an occupation in which gratuities have customarily and usually constituted and have been recognized as part of the remuneration for hire purposes is entitled to an allowance for gratuities as part of the hourly wage rate provided in Section 4, subsection (a) in an amount not to exceed 40% of the applicable minimum wage rate.

The Director shall require each employer desiring an allowance for gratuities to provide substantial evidence that the amount claimed, which may not exceed 40% of the applicable minimum wage rate, was received by the employee in the period for which the claim of exemption is made, and no part thereof was returned to the employer.

(d) No camp counselor who resides on the premises of a seasonal camp of an organized not-for-profit corporation shall be subject to the adult minimum wage if the camp counselor (1) works 40 or more hours per week, and (2) receives a total weekly salary of not less than the adult minimum wage for a 40-hour week.

If the counselor works less than 40 hours per week, the counselor shall be paid the minimum hourly wage for each hour worked.

Every employer of a camp counselor under this subsection is entitled to an allowance for meals and lodging as part of the hourly wage rate provided in Section 4, subsection (a), in an amount not to exceed 25% of the minimum wage rate.

(e) A camp counselor employed at a day camp of an organized not-for-profit corporation is not subject to the adult minimum wage if the camp counselor is paid a stipend on a onetime or periodic basis and, if the camp counselor is a minor, the minor’s parent, guardian or other custodian has consented in writing to the terms of payment before the commencement of such HB3752 Enrolled - 4 - LRB094 10273 WGH 40541 b employment.

91-579,93-581, eff.

1-1-00;1-1-04;

92-783,94SB1268ham003.) eff.Section 99.

1-1-03.)Effective (820date. ILCS 175/20) Sec.

20.This Act takes effect July 1, 2007.

Transportation.

(a) A day and temporary labor service agency is responsible for the conduct and performance of any person who transports a day or temporary laborer from the agency to a work site, unless the transporter is:

(1) a public mass transportation system as defined in Section 2 of the Local Mass Transit District Act;

or (2) the day or temporary laborer providing his or her own transportation;

or (3) selected exclusively by and at the sole choice of the day or temporary laborer for transportation in a vehicle not owned or operated by the day and temporary labor service agency.

(b) A day and temporary labor service agency shall not refer a day or temporary laborer to any person for transportation to a work site unless that person is (1) a public mass transportation system as defined in Section 2 of the Local Mass Transit District Act or (2) providing the transportation without charge to the day or temporary laborer;

however, this subsection (b) shall not be construed to prevent a day and temporary labor service agency or a third party employer from transporting a day or temporary laborer in accordance with this Section.

Informing a day or temporary laborer of the availability of a car pool driven by another day or temporary laborer shall not be considered a referral by the agency.

Directing the day or temporary laborer to accept a specific car pool as a condition of work shall be considered a referral by the agency.

Any mention or discussion of the cost of a car pool shall be considered a referral by the agency.

(c) A day and temporary labor service agency or a third party employer shall charge no more than the actual cost to transport a day or temporary laborer to or from the designated work site;

however, the total cost to each day or temporary laborer shall not exceed 3% of the day or temporary laborer’s HB3752 Engrossed - 3 - LRB094 10273 WGH 40541 b daily wages.