§ 6-105-030 — Minimum hourly wage in occupations receiving gratuities

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, 2028. (4) (A) For Employers that have 21 or more Employees, 16 percent of the applicable minimum Wage rate on and after July 1, 2028, until and including June 30, 2029. (B) For Employers that have more than 3, but fewer than 21 Employees, 24 percent of the applicable minimum Wage rate on and after July 1, 2028, until and including June 30, 2029. (5) (A) For Employers that have 21 or more Employees, 8 percent of the applicable minimum Wage rate on and after July 1, 2029, until and including June 30, 2030. (B) For Employers that have more than 3, but fewer than 21 Employees, 24 percent of the applicable minimum Wage rate on and after July 1, 2029, until and including June 30, 2030. (6) (A) On and after July 1, 2030, an Employer with 21 or more Employees shall not be entitled to an allowance for Gratuities and shall pay each Covered Employee no less than the applicable minimum Wage rate. (B) For Employers that have more than 3, but fewer than 21 Employees, 16 percent of the applicable minimum Wage rate on and after July 1, 2030, until and including June 30, 2031. (7) For Employers that have more than 3, but fewer than 21 Employees, 12 percent of the applicable minimum Wage rate on and after July 1, 2031, until and including June 30, 2032. (8) For Employers that have more than 3, but fewer than 21 Employees, 6 percent of the applicable minimum Wage rate on and after July 1, 2032, until and including June 30, 2033. (9) On and after July 1, 2033, an Employer that has more than 3 Employees 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; Amend Coun. J. 5-20-26, p. 43484, § 1)