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HomeMy WebLinkAboutORDINANCE - 3497 - 4/25/2017 - Home Rule - Minimum wage sick leave ORDINANCE NO. 3497 AN ORDINANCE AMENDING TITLE 3, BUSINESS AND LICENSE REGULATIONS, OF THE VILLAGE CODE BY ADDING THERTO A NEW SECTION WITH REGARD TO CONFLICTS WITH CERTAIN HOME RULE COUNTY ORDINANCES WHEREAS, the Village of Elk Grove Village is a home rule unit of local government as provided by Article VII, Section 6 of the Illinois Constitution of 1970, has the authority to exercise any power and perform any function pertaining to its government and affairs except as limited by Article VII, Section 6 of the Illinois Constitution of 1970; and WHEREAS, on October 5, 2016, the County of Cook Board of Commissioners adopted an ordinance that requires employers in "Cook County" to provide a minimum number of paid sick days to employees("Cook County Earned Sick Leave Ordinance"); and WHEREAS, on October 26, 2016, the County of Cook Board of Commissioner adopted an ordinance creating a minimum wage for employers in"Cook County" ("Cook County Minimum Wage Ordinance"); and WHEREAS, the Village of Elk Grove Village finds that these Cook County Ordinances place an undue burden on employers within the Village of Elk Grove Village given the current rights of employees available under Federal and State law; and WHEREAS, the Village of Elk Grove Village finds that given the considerable number of businesses that employ individuals that are required to work across municipal and county borders within the Chicago metropolitan region and throughout the State of Illinois, the Village of Elk Grove Village believes that employment-related laws are best established at the Federal and State level;and WHEREAS Article VII, Section 6(c) of the Illinois Constitution provides that if a home rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction; and WHEREAS, pursuant to its home rule powers, the Village of Elk Grove Village finds it in the best interest of the Village to amend the Village Code to clearly define the sick leave and minimum wage regulations that apply to employers located in the Village of Elk Grove Village. NOW THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage as follows: SECTION 1: The recitals above shall be and are hereby incorporated in this Section 1 as if restated herein. SECTION 2: That Title 3, Business License Regulations of the Elk Grove Village Code is hereby amended by adding a new Section to read in its entirety as follows: 3-1-19: CONFLICTS WITH COOK COUNTY MINIMUM WAGE ORDINANCE AND COOK COUNTY EARNED SICK LEAVE ORDINANCE. A. Employers located within the Village shall comply with all applicable federal and/or State laws and regulations as such laws and regulations may exist from time to time with regard to both the payment of minimum hourly wages and paid sick leave. Employee eligibility for paid sick leave and minimum hourly wages shall also be in compliance with all applicable federal and/or State laws and regulations as such laws and regulations may exist from time to time. B. Except for incentive agreements entered into directly between employers and the County of Cook, including, but not limited to, 6b Tax Classification status incentives, no additional obligations with regard to paid sick leave, or minimum hourly wages, including, without limitation, any additional obligations by ordinance adopted by the County of Cook Board of Commissioners, shall apply to employers located within the Village. C. For the purposes of this Section, the term "employee" means an individual hired to work by an employer regardless of the number of persons the employer employs. D. For the purposes of this Section,the term"employer"means any individual, partnership, association, corporation, limited liability company, business trust, or any person or group of persons that gainfully employs at least one person. The term "employer" shall not include: (a) The government of the United States or a corporation wholly owned by the government of the United States; (b) An Indian tribe or a corporation wholly owned by an Indian tribe; (c) The government of the State or any agency or department thereof, or (d) The government of any municipality. SECTION 3: This Ordinance shall be in full force and effect, after passage, approval and publication as required by law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 25th day of April 2017. APPROVED this 25th day of April 2017. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy,Village Clerk PUBLISHED this 28th day of April 2017 in pamphlet form.