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HB5367 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5367

Introduced 2/10/2026, by Rep. Norma Hernandez

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-9-2

from Ch. 38, par. 1003-9-2
730 ILCS 5/3-12-5

from Ch. 38, par. 1003-12-5
730 ILCS 5/3-13-5

from Ch. 38, par. 1003-13-5
820 ILCS 105/3

from Ch. 48, par. 1003
820 ILCS 105/4

from Ch. 48, par. 1004
820 ILCS 105/4b new
820 ILCS 105/7.5 new

Amends the he Unified Code of Corrections. Provides that the wages
paid to committed persons shall not be less than the minimum hourly wage
set forth in the Minimum Wage Law. Amends the Minimum Wage Law. Provides
for increases in the minimum hourly wage through January 1, 2032. Provides
that, on and after July 1, 2026, every employer shall pay to each of his or
her employees who is under 18 years of age no less than the applicable
minimum hourly wage. Provides that, on and after January 1, 2030, an
employer shall not be entitled to an allowance for gratuities and shall pay
each employee no less than the applicable minimum hourly wage. Provides
that beginning on January 1, 2033, and on every January 1 thereafter, the
minimum hourly wage from the previous year shall be increased in
proportion to the increase in the consumer price index-u. Provides that
the Department of Labor shall inquire into any alleged violations of this
Act brought to its attention by an interested party. Sets forth the
procedure for complaints brought by interested parties. Defines
"interested party". Effective immediately.
LRB104 19736 SPS 33186 b

A BILL FOR

HB5367
LRB104 19736 SPS 33186 b
1

AN ACT concerning employment.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Unified Code of Corrections is amended by
5
changing Sections 3-9-2, 3-12-5, and 3-13-5 as follows:

6

(730 ILCS 5/3-9-2)

(from Ch. 38, par. 1003-9-2)
7

Sec. 3-9-2.
Work Training Programs.
8

(a) The Department of Juvenile Justice, in conjunction
9
with the private sector, may establish and offer work training
10
to develop work habits and equip persons committed to it with
11
marketable skills to aid in their community placement upon
12
release. Committed persons participating in this program shall
13
be paid wages similar to those of comparable jobs in the
14
surrounding community.
The wages paid under this Section shall
15
not be less than the minimum hourly wage set forth in Section 4
16
of the Minimum Wage Law.
A portion of the wages earned shall go
17
to the Department of Juvenile Justice to pay part of the
18
committed person's room and board, a portion shall be
19
deposited into the Violent Crime Victim's Assistance Fund to
20
assist victims of crime, and the remainder shall be placed
21
into a savings account for the committed person which shall be
22
given to the committed person upon release. The Department
23
shall promulgate rules to regulate the distribution of the

HB5367
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LRB104 19736 SPS 33186 b
1
wages earned.
2

(b) The Department of Juvenile Justice may establish
3
programs of incentive by achievement, participation in which
4
shall be on a voluntary basis, to sell goods or services to the
5
public with the net earnings distributed to the program
6
participants subject to rules of the Department of Juvenile
7
Justice.
8

(c) For the purposes of this Section, "work" includes any
9
task assigned to a committed person for which a wage would have
10
been due, except for his or her status as a committed person.

11
(Source: P.A. 94-696, eff. 6-1-06
.)

12

(730 ILCS 5/3-12-5)

(from Ch. 38, par. 1003-12-5)
13

Sec. 3-12-5.
Compensation.
Persons performing a work
14
assignment under subsection (a) of Section 3-12-2
shall

may

15
receive wages under rules and regulations of the Department.
16
In determining rates of compensation, the Department shall
17
consider the effort, skill and economic value of the work
18
performed.
The compensation paid under this Section shall not
19
be less than the minimum hourly wage set forth in Section 4 of
20
the Minimum Wage Law.
Compensation
shall

may
be given to
21
persons who participate in other programs of the Department.
22
If the committed person files a lawsuit determined frivolous
23
under Article XXII of the Code of Civil Procedure, 50% of the
24
compensation shall be used to offset the filing fees and costs
25
of the lawsuit as provided in that Article until all fees and

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1
costs are paid in full. All other wages shall be deposited in
2
the individual's account under rules and regulations of the
3
Department.
For the purposes of this Section, "work" includes
4
any task assigned to a committed person for which a wage would
5
have been due, except for his or her status as a committed
6
person.

7
(Source: P.A. 101-235, eff. 1-1-20
.)

8

(730 ILCS 5/3-13-5)

(from Ch. 38, par. 1003-13-5)
9

Sec. 3-13-5.
Wages and Working Conditions.
10

A person on work release shall not be required to work for
11
less than the prevailing wage or under worse than prevailing
12
working conditions in the area.
The wages paid under this
13
Section shall not be less than the minimum hourly wage set
14
forth in Section 4 of the Minimum Wage Law. The Department
15
shall charge businesses reasonable hourly rates for meals and
16
the housing of committed persons on work release, if
17
applicable. For the purposes of this Section, "work" includes
18
any task assigned to a committed person for which a wage would
19
have been due, except for his or her status as a committed
20
person.

21
(Source: P.A. 77-2097.)

22

Section 10.
The Minimum Wage Law is amended by changing
23
Sections 3 and 4 and by adding Sections 4b and 7.5 as follows:

HB5367
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LRB104 19736 SPS 33186 b
1

(820 ILCS 105/3)

(from Ch. 48, par. 1003)
2

Sec. 3.
As used in this Act:
3

(a) "Director" means the Director of the Department of
4
Labor, and "Department" means the Department of Labor.
5

(b) "Wages" means compensation due to an employee by
6
reason of his employment, including allowances determined by
7
the Director in accordance with the provisions of this Act for
8
gratuities and, when furnished by the employer, for meals and
9
lodging actually used by the employee.
10

(c) "Employer" includes any individual, partnership,
11
association, corporation, limited liability company, business
12
trust, governmental or quasi-governmental body, or any person
13
or group of persons acting directly or indirectly in the
14
interest of an employer in relation to an employee, for which
15
one or more persons are gainfully employed on some day within a
16
calendar year. An employer is subject to this Act in a calendar
17
year on and after the first day in such calendar year in which
18
he employs one or more persons, and for the following calendar
19
year.
20

(d) "Employee" includes any individual permitted to work
21
by an employer in an occupation, and includes, notwithstanding
22
subdivision (1) of this subsection (d), one or more domestic
23
workers as defined in Section 10 of the Domestic Workers' Bill
24
of Rights Act, but does not include any individual permitted
25
to work:
26

(1) For an employer employing fewer than 4 employees

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LRB104 19736 SPS 33186 b
1

exclusive of the employer's parent, spouse or child or
2

other members of his immediate family.
3

(2) As an employee employed in agriculture or
4

aquaculture (A) if such employee is employed by an
5

employer who did not, during any calendar quarter during
6

the preceding calendar year, use more than 500 man-days of
7

agricultural or aquacultural labor, (B) if such employee
8

is the parent, spouse or child, or other member of the
9

employer's immediate family, (C) if such employee (i) is
10

employed as a hand harvest laborer and is paid on a piece
11

rate basis in an operation which has been, and is
12

customarily and generally recognized as having been, paid
13

on a piece rate basis in the region of employment, (ii)
14

commutes daily from his permanent residence to the farm on
15

which he is so employed, and (iii) has been employed in
16

agriculture less than 13 weeks during the preceding
17

calendar year, (D) if such employee (other than an
18

employee described in clause (C) of this subparagraph):
19

(i) is 16 years of age or under and is employed as a hand
20

harvest laborer, is paid on a piece rate basis in an
21

operation which has been, and is customarily and generally
22

recognized as having been, paid on a piece rate basis in
23

the region of employment, (ii) is employed on the same
24

farm as his parent or person standing in the place of his
25

parent, and (iii) is paid at the same piece rate as
26

employees over 16 are paid on the same farm.

HB5367
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LRB104 19736 SPS 33186 b
1

(3) (Blank).
2

(4) As an outside salesman.
3

(5) As a member of a religious corporation or
4

organization.
5

(6) At an accredited Illinois college or university
6

employed by the college or university at which he is a
7

student who is covered under the provisions of the Fair
8

Labor Standards Act of 1938, as heretofore or hereafter
9

amended.
10

(7) For a motor carrier and with respect to whom the
11

U.S. Secretary of Transportation has the power to
12

establish qualifications and maximum hours of service
13

under the provisions of Title 49 U.S.C. or the State of
14

Illinois under Section 18b-105 (Title 92 of the Illinois
15

Administrative Code, Part 395 - Hours of Service of
16

Drivers) of the Illinois Vehicle Code.
17

(8) As an employee employed as a player who is 28 years
18

old or younger, a manager, a coach, or an athletic trainer
19

by a minor league professional baseball team not
20

affiliated with a major league baseball club, if (A) the
21

minor league professional baseball team does not operate
22

for more than 7 months in any calendar year or (B) during
23

the preceding calendar year, the minor league professional
24

baseball team's average receipts for any 6-month period of
25

the year were not more than 33 1/3% of its average receipts
26

for the other 6 months of the year.

HB5367
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LRB104 19736 SPS 33186 b
1

The above exclusions from the term "employee" may be
2
further defined by regulations of the Director.
3

(e) "Occupation" means an industry, trade, business or
4
class of work in which employees are gainfully employed.
5

(f) "Gratuities" means voluntary monetary contributions to
6
an employee from a guest, patron or customer in connection
7
with services rendered.
8

(g) "Outside salesman" means an employee regularly engaged
9
in making sales or obtaining orders or contracts for services
10
where a major portion of such duties are performed away from
11
his employer's place of business.
12

(h) "Day camp" means a seasonal recreation program in
13
operation for no more than 16 weeks intermittently throughout
14
the calendar year, accommodating for profit or under
15
philanthropic or charitable auspices, 5 or more children under
16
18 years of age, not including overnight programs. The term
17
"day camp" does not include a "day care agency", "child care
18
facility" or "foster family home" as licensed by the Illinois
19
Department of Children and Family Services.
20

(i) "Interested party" means an organization that monitors
21
or is attentive to compliance with public or worker safety
22
laws, wage and hour requirements, or other statutory
23
requirements.

24
(Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)

25

(820 ILCS 105/4)

(from Ch. 48, par. 1004)

HB5367
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LRB104 19736 SPS 33186 b
1

Sec. 4.
(a)(1) Every employer shall pay to each of his
2
employees in every occupation wages of not less than $2.30 per
3
hour or in the case of employees under 18 years of age wages of
4
not less than $1.95 per hour, except as provided in Sections 5
5
and 6 of this Act, and on and after January 1, 1984, every
6
employer shall pay to each of his employees in every
7
occupation wages of not less than $2.65 per hour or in the case
8
of employees under 18 years of age wages of not less than $2.25
9
per hour, and on and after October 1, 1984 every employer shall
10
pay to each of his employees in every occupation wages of not
11
less than $3.00 per hour or in the case of employees under 18
12
years of age wages of not less than $2.55 per hour, and on or
13
after July 1, 1985 every employer shall pay to each of his
14
employees in every occupation wages of not less than $3.35 per
15
hour or in the case of employees under 18 years of age wages of
16
not less than $2.85 per hour, and from January 1, 2004 through
17
December 31, 2004 every employer shall pay to each of his or
18
her employees who is 18 years of age or older in every
19
occupation wages of not less than $5.50 per hour, and from
20
January 1, 2005 through June 30, 2007 every employer shall pay
21
to each of his or her employees who is 18 years of age or older
22
in every occupation wages of not less than $6.50 per hour, and
23
from July 1, 2007 through June 30, 2008 every employer shall
24
pay to each of his or her employees who is 18 years of age or
25
older in every occupation wages of not less than $7.50 per
26
hour, and from July 1, 2008 through June 30, 2009 every

HB5367
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LRB104 19736 SPS 33186 b
1
employer shall pay to each of his or her employees who is 18
2
years of age or older in every occupation wages of not less
3
than $7.75 per hour, and from July 1, 2009 through June 30,
4
2010 every employer shall pay to each of his or her employees
5
who is 18 years of age or older in every occupation wages of
6
not less than $8.00 per hour, and from July 1, 2010 through
7
December 31, 2019 every employer shall pay to each of his or
8
her employees who is 18 years of age or older in every
9
occupation wages of not less than $8.25 per hour, and from
10
January 1, 2020 through June 30, 2020, every employer shall
11
pay to each of his or her employees who is 18 years of age or
12
older in every occupation wages of not less than $9.25 per
13
hour, and from July 1, 2020 through December 31, 2020 every
14
employer shall pay to each of his or her employees who is 18
15
years of age or older in every occupation wages of not less
16
than $10 per hour, and from January 1, 2021 through December
17
31, 2021 every employer shall pay to each of his or her
18
employees who is 18 years of age or older in every occupation
19
wages of not less than $11 per hour, and from January 1, 2022
20
through December 31, 2022 every employer shall pay to each of
21
his or her employees who is 18 years of age or older in every
22
occupation wages of not less than $12 per hour, and from
23
January 1, 2023 through December 31, 2023 every employer shall
24
pay to each of his or her employees who is 18 years of age or
25
older in every occupation wages of not less than $13 per hour,
26
and from January 1, 2024 through December 31, 2024, every

HB5367
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LRB104 19736 SPS 33186 b
1
employer shall pay to each of his or her employees who is 18
2
years of age or older in every occupation wages of not less
3
than $14 per hour; and
from

on and after
January 1, 2025
4
through June 30, 2026
, every employer shall pay to each of his
5
or her employees who is 18 years of age or older in every
6
occupation wages of not less than $15 per hour
; and from July
7
1, 2026 through December 31, 2027, every employer shall pay to
8
each of his or her employees in every occupation wages of not
9
less than $17 per hour; and from January 1, 2028 through
10
December 31, 2028, every employer shall pay to each of his or
11
her employees in every occupation wages of not less than $19
12
per hour; and from January 1, 2029 through December 31, 2029,
13
every employer shall pay to each of his or her employees in
14
every occupation wages of not less than $21 per hour; and from
15
January 1, 2030 through December 31, 2030, every employer
16
shall pay to each of his or her employees in every occupation
17
wages of not less than $23 per hour; and from January 1, 2031
18
through December 31, 2031, every employer shall pay each of
19
his or her employees in every occupation wages of not less than
20
$25 per hour; and on and after January 1, 2032, every employer
21
shall pay to each of his or her employees in every occupation
22
wages of not less than $27 per hour, except as provided in
23
Section 4b
.
24

(2) Unless an employee's wages are reduced under Section
25
6, then in lieu of the rate prescribed in item (1) of this
26
subsection (a), an employer may pay an employee who is 18 years

HB5367
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LRB104 19736 SPS 33186 b
1
of age or older, during the first 90 consecutive calendar days
2
after the employee is initially employed by the employer, a
3
wage that is not more than 50¢ less than the wage prescribed in
4
item (1) of this subsection (a); however, an employer shall
5
pay not less than the rate prescribed in item (1) of this
6
subsection (a) to:
7

(A) a day or temporary laborer, as defined in Section
8

5 of the Day and Temporary Labor Services Act, who is 18
9

years of age or older; and
10

(B) an employee who is 18 years of age or older and
11

whose employment is occasional or irregular and requires
12

not more than 90 days to complete.
13

(3) At no time on or before December 31, 2019 shall the
14
wages paid to any employee under 18 years of age be more than
15
50¢ less than the wage required to be paid to employees who are
16
at least 18 years of age under item (1) of this subsection (a).
17
Beginning on January 1, 2020, every employer shall pay to each
18
of his or her employees who is under 18 years of age that has
19
worked more than 650 hours for the employer during any
20
calendar year a wage not less than the wage required for
21
employees who are 18 years of age or older under paragraph (1)
22
of subsection (a) of Section 4 of this Act. Every employer
23
shall pay to each of his or her employees who is under 18 years
24
of age that has not worked more than 650 hours for the employer
25
during any calendar year: (1) $8 per hour from January 1, 2020
26
through December 31, 2020; (2) $8.50 per hour from January 1,

HB5367
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LRB104 19736 SPS 33186 b
1
2021 through December 31, 2021; (3) $9.25 per hour from
2
January 1, 2022 through December 31, 2022; (4) $10.50 per hour
3
from January 1, 2023 through December 31, 2023; (5) $12 per
4
hour from January 1, 2024 through December 31, 2024;
and
(6)
5
$13 per hour
from

on and after
January 1, 2025
through June 30,
6
2026; and (7) on and after July 1, 2026, every employer shall
7
pay to each of his or her employees who is under 18 years of
8
age no less than the minimum hourly wage set forth in
9
subsection (a) of Section 4, regardless of an employee's age
10
or the number of hours worked
.
11

(b) No employer shall discriminate between employees on
12
the basis of sex or mental or physical disability, except as
13
otherwise provided in this Act by paying wages to employees at
14
a rate less than the rate at which he pays wages to employees
15
for the same or substantially similar work on jobs the
16
performance of which requires equal skill, effort, and
17
responsibility, and which are performed under similar working
18
conditions, except where such payment is made pursuant to (1)
19
a seniority system; (2) a merit system; (3) a system which
20
measures earnings by quantity or quality of production; or (4)
21
a differential based on any other factor other than sex or
22
mental or physical disability, except as otherwise provided in
23
this Act.
24

(c) Every employer of an employee engaged in an occupation
25
in which gratuities have customarily and usually constituted
26
and have been recognized as part of the remuneration for hire

HB5367
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LRB104 19736 SPS 33186 b
1
purposes is entitled to an allowance for gratuities as part of
2
the hourly wage rate provided in Section 4, subsection (a) in
3
an amount
that follows:
not to exceed 40% of the applicable
4
minimum wage rate
through June 30, 2026; not to exceed 30% of
5
the applicable minimum wage rate from July 1, 2026 through
6
December 31, 2027; not to exceed 20% of the applicable minimum
7
wage rate from January 1, 2028 through December 31, 2028; and
8
not to exceed 10% of the applicable minimum wage rate from
9
January 1, 2029 through December 31, 2029. On and after
10
January 1, 2030, an employer shall not be entitled to an
11
allowance for gratuities and shall pay each employee no less
12
than the applicable minimum wage rate provided in subsection
13
(a) of Section 4
. The Director shall require each employer
14
desiring an allowance for gratuities to provide substantial
15
evidence that the amount claimed, which may not exceed 40% of
16
the applicable minimum wage rate, was received by the employee
17
in the period for which the claim of exemption is made, and no
18
part thereof was returned to the employer.
19

(d) No camp counselor who resides on the premises of a
20
seasonal camp of an organized not-for-profit corporation shall
21
be subject to the adult minimum wage if the camp counselor (1)
22
works 40 or more hours per week, and (2) receives a total
23
weekly salary of not less than the adult minimum wage for a
24
40-hour week. If the counselor works less than 40 hours per
25
week, the counselor shall be paid the minimum hourly wage for
26
each hour worked. Every employer of a camp counselor under

HB5367
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LRB104 19736 SPS 33186 b
1
this subsection is entitled to an allowance for meals and
2
lodging as part of the hourly wage rate provided in Section 4,
3
subsection (a), in an amount not to exceed 25% of the minimum
4
wage rate.
5

(e) A camp counselor employed at a day camp is not subject
6
to the adult minimum wage if the camp counselor is paid a
7
stipend on a onetime or periodic basis and, if the camp
8
counselor is a minor, the minor's parent, guardian or other
9
custodian has consented in writing to the terms of payment
10
before the commencement of such employment.
11
(Source: P.A. 101-1, eff. 2-19-19.)

12

(820 ILCS 105/4b new)
13

Sec. 4b.
Consumer price index-u adjustments.
14

(a) Notwithstanding the provisions of subsection (b),
15
beginning on January 1, 2033, and on every January 1
16
thereafter, the minimum hourly wage from the previous year
17
shall be increased in proportion to the increase, if any, in
18
the consumer price index-u. If the consumer price index-u
19
increases by more than 2.5% in any year, the minimum hourly
20
wage shall not be increased by more than 2.5%. Any increase to
21
the minimum hourly wage made in accordance with this
22
subsection shall be rounded up to the nearest multiple of
23
$0.05. The new amount resulting from each annual adjustment
24
shall be determined by the Department of Labor and made
25
available to the public by the Department of Labor's website.

HB5367
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LRB104 19736 SPS 33186 b
1
For the purposes of this subsection, "consumer price index-u"
2
means the index published by the Bureau of Labor Statistics of
3
the United States Department of Labor that measures the
4
average change in prices of goods and services purchased by
5
all urban consumers, United States city average, all items,
6
1982-84 = 100.
7

(b) If the unemployment rate in this State for the
8
preceding year, as calculated by the Department of Employment
9
Security, is equal to or greater than 8.5%, the minimum hourly
10
wage shall not be increased.

11

(820 ILCS 105/7.5 new)
12

Sec. 7.5.
Powers of the Department and civil penalties.
13

(a) The Department shall inquire into any alleged
14
violations of this Act, brought to its attention by an
15
interested party, to institute the actions for the penalties
16
provided in this Section and to enforce the provisions of this
17
Act. In addition to the relief set forth in this Act, an
18
employer shall be assessed a civil penalty of $1,000 for each
19
violation of this Act, payable to the Department. Each
20
employee who is subject to a violation of this Act shall
21
constitute a separate violation.
22

(b) Upon a reasonable belief that an employer covered by
23
this Act is in violation of any part of this Act, an interested
24
party may assert that a violation of this Act has occurred and
25
bring an action for penalties in the county where the

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1
violation is alleged to have occurred or where the principal
2
office of the employer is located, pursuant to the following
3
sequence of events:
4

(1) The interested party submits to the Department a
5

complaint describing the violation and naming the employer
6

alleged to have violated this Act.
7

(2) The Department sends notice of complaint to the
8

named party alleged to have violated this Act and the
9

interested party. The named party may either contest the
10

alleged violation or cure the alleged violation.
11

(3) The named party contests or cures the alleged
12

violation within 30 days after the receipt of the notice
13

of complaint or, if the named party does not respond
14

within 30 days, the Department issues a notice of right to
15

sue to the interested party as described in this Act.
16

(4) The Department issues a notice of right to sue to
17

the interested party, if one or more of the following has
18

occurred:
19

(A) the named party has cured the alleged
20

violation to the satisfaction of the Director;
21

(B) the Director has determined that the
22

allegation is unjustified or that the Department does
23

not have jurisdiction over the matter or the parties;
24

or
25

(C) the Director has determined that the
26

allegation is justified or has not made a

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LRB104 19736 SPS 33186 b
1

determination, and either has decided not to exercise
2

jurisdiction over the matter or has concluded
3

administrative enforcement of the matter.
4

(c) If, within 180 days after service of the notice of
5
complaint to the parties, the Department has not (i) resolved
6
the contest and cure period, (ii) with the mutual agreement of
7
the parties, extended the time for the named party to cure the
8
violation and resolve the complaint, or (iii) issued a right
9
to sue letter, the interested party may initiate a civil
10
action for penalties. The parties may extend the 180-day
11
period by mutual agreement. The limitations period for the
12
interested party to bring an action for the alleged violation
13
of this Act shall be tolled for the 180-day period and for the
14
period of any mutually agreed extensions. At the end of the
15
180-day period, or any mutually agreed extensions, the
16
Department shall issue a right to sue letter to the interested
17
party.
18

(d) Any claim or action filed under this Section must be
19
made within 3 years after the alleged conduct resulting in the
20
complaint plus any period for which the limitations period has
21
been tolled.
22

(e) In an action brought under this Section, an interested
23
party may recover against the employer any statutory penalties
24
set forth in subsection (a) and injunctive relief. An
25
interested party who prevails in a civil action shall receive
26
10% of any statutory penalties assessed, plus any attorney's

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1
fees and expenses in bringing the action.
2

(f) Nothing in this Section shall be construed to prevent
3
an employee from bringing a civil action for the employee's
4
own claim for a violation of this Act as described in this Act.

5

Section 99.
Effective date.
This Act takes effect upon
6
becoming law.

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