6-105-030 Minimum hourly wage in occupations receiving gratuities.

   (a)   Every Employer of a Covered Employee engaged in an Occupation in which Gratuities have customarily constituted part of the remuneration is entitled to an allowance for gratuities as part of the hourly wage rate provided in Section 6-105-020(b) in an amount not to exceed:

      (1)   40 percent of the applicable minimum wage rate until July 1, 2024.

      (2)   32 percent of the applicable minimum wage rate on and after July 1, 2024, until and including June 30, 2025.

      (3)   24 percent of the applicable minimum wage rate on and after July 1, 2025, until and including June 30, 2026.

      (4)   16 percent of the applicable minimum wage rate on and after July 1, 2026, until and including June 30, 2027.

      (5)   8 percent of the applicable minimum wage rate on and after July 1, 2027, until and including June 30, 2028.

      (6)   On and after July 1, 2028, an employer shall not be entitled to an allowance for gratuities and shall pay each Covered Employee no less than the applicable minimum wage rate.

   (b)   Every Employer that pays a Covered Employee the Wage described in subsection (a) shall transmit to the Commissioner, in a manner provided by rule, substantial evidence establishing: (1) the amount the Covered Employee received as Gratuities during the relevant pay period; and (2) that no part of that amount was returned to the Employer. If an Employer is required by the Minimum Wage Law to provide substantially similar data to the Illinois Department of Labor, the Commissioner may allow the Employer to comply with this subsection (b) by filing a copy of the state documentation.

   (c)   The Commissioner shall make available to Employers a bulletin announcing the City's minimum hourly Wage for the upcoming year for workers who receive Gratuities.

(Added Coun. J. 6-25-21, p. 32156, § 5; Amend Coun. J. 10-6-23, p. 3924, § 1)

6-105-040 Overtime compensation.

   The Wages set out in Sections 6-105-020 and 6-105-030 are subject to the overtime compensation provisions in the Minimum Wage Law, with the exception that the definitions of "Employer" and "Employee" in this chapter shall apply.

(Added Coun. J. 6-25-21, p. 32156, § 5)

6-105-045 Reserved.

Editor’s note – Coun. J. 11-9-23, p. 5853, § 7, as corrected by Coun. J. 3-20-24, p. 10146, § 7, repealed § 6-105-045, which pertained to paid sick leave.

6-105-050 Reserved.

Editor’s note – Coun. J. 12-13-23, p. 7601, § 3, renumbered this section pertaining to wage theft as § 6-100-050.

6-105-060 Application to collective bargaining agreements.

   Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish the right of Employees to bargain collectively with their Employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum standards of the provisions of this chapter. The minimum wage requirements of this chapter may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms. Nothing in Section 6-105-045 shall be deemed to affect the validity or change the terms of bona fide collective bargaining agreements in force on July 1, 2017. After that date, requirements of Section 6-105-045 may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth explicitly in such agreement in clear and unambiguous terms. In no event shall Section 6-105-045 apply to any Employee working in the construction industry who is covered by a bona fide collective bargaining agreement.

(Added Coun. J. 6-25-21, p. 32156, § 5)

6-105-070 Notice and posting.

   (a)   Every Employer shall post in a conspicuous place at each facility where any Covered Employee works that is located within the geographic boundaries of the City a notice advising the Covered Employee of the current minimum Wages under this chapter, and of a Covered Employee’s rights under this chapter, including the Covered Employee’s right to seek redress for wage theft. The notice shall also contain information about human trafficking and resources to help combat it. The Commissioner shall prepare and make available a form notice that satisfies the requirements of this subsection 6-105-070(a). Employers that do not maintain a business facility within the geographic boundaries of the City and households that serve as the worksites for Domestic Workers are exempt from this subsection 6-105-070(a).

   (b)   With the first paycheck issued to a Covered Employee, and annually with a paycheck issued within 30 days of July 1st, every Employer shall provide a notice advising the Covered Employee of the current minimum Wages under this chapter and information about human trafficking and resources to help combat it. The Commissioner shall prepare and make available a form notice that satisfies the requirements of this subsection 6-105-070(b).

(Added Coun. J. 6-25-21, p. 32156, § 5; Amend Coun. J. 11-9-23, p. 5853, § 7; Amend Coun. J. 3-20-24, p. 10146, § 7)

6-105-080 Retaliation prohibited.

   It shall be unlawful for any Employer to discriminate in any manner or take any adverse action against any individual in retaliation for exercising any right under this chapter, including, but not limited to, disclosing, reporting, or testifying about any violation of this chapter or regulations promulgated thereunder. For purposes of this Section, prohibited adverse actions include, but are not limited to, unjustified termination, unjustified denial of promotion, unjustified negative evaluations, punitive schedule changes, punitive decreases in the desirability of work assignments, and other acts of harassment shown to be linked to such exercise of rights.

(Added Coun. J. 6-25-21, p. 32156, § 5; Amend Coun. J. 11-9-23, p. 5853, § 7; Amend Coun. J. 3-20-24, p. 10146, § 7)

6-105-085 Investigations as a result of settlements.

   If the City learns that after being charged with wage rate violations an Employer has entered into two or more settlements within a year with the United States Department of Labor or the Illinois Department of Labor, the Commissioner of Business Affairs and Consumer Protection, in conjunction with the Chief Procurement Officer, is authorized to conduct an investigation to determine whether the person's conduct that resulted in those settlements evinces culpability that merits ineligibility under Section 1-23-020 or revocation under Section 4-4-280.

(Added Coun. J. 6-25-21, p. 32156, § 5)

6-105-090 Enforcement – Regulations.

   The Department of Business Affairs and Consumer Protection shall enforce this chapter, and the Commissioner is authorized to adopt rules for its proper administration and enforcement.

(Added Coun. J. 6-25-21, p. 32156, § 5)