HB 2794 Text

Introduced Version House Bill 2794 History

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H. B. 2794

(By Delegates Longstreth, Caputo and Manchin)
[Introduced March 1, 2005 ; referred to the
Committee on Industry and Labor, Economic Development and Small Business then Finance.]

A BILL to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to raising the minimum wage; and to provide that if the federal minimum wage rate increases, then state minimum wage rate shall increase to equal the federal minimum wage rate.

Be it enacted by the Legislature of West Virginia:
That §21-5C-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.

§21-5C-2. Minimum wages.
(a) Minimum wage:
(1) After the thirtieth day of September, one thousand nine hundred ninety-seven, every employer shall pay to each of his or her employees wages at a rate not less than four dollars and seventy-five cents per hour.
(2) After the thirty-first day of August, one thousand nine hundred ninety-eight, every employer shall pay to each of his or her employees wages at a rate not less than five dollars and fifteen cents per hour.
(3) After the thirtieth day of June, two thousand five, every employer shall pay to each of his or her employees wages at a rate not less than five dollars and fifty cents per hour.
(4) After the thirty-first of December, two thousand six, every employer shall pay to each of his or her employees wages at a rate not less than six dollars and fifteen cents per hour.
(5) If the federal minimum wage is increased to an amount above the minimum wage provided in this section, then the minimum wage established by this section shall increase to equal the federal minimum wage. An increase in the federal minimum wage may not modify the scope or coverage of the minimum wage rate provided by this section.
(b) Training wage:
(1) Notwithstanding the provisions set forth in subsection (a) of this section to the contrary, an employer may pay an employee first hired after the thirtieth day of September, one thousand nine hundred ninety-seven, a subminimum training wage not less than four dollars and twenty-five cents per hour.
(2) An employer may not pay the subminimum training wage set forth in subdivision (1) of this subsection to any individual:
(i) Who has attained or attains while an employee of the employer, the age of twenty years; or
(ii) For a cumulative period of not more than ninety days per employee: Provided, That if any business has not been in operation for more than ninety days at the time the employer hired the employee, the employer may pay the employee the subminimum training wage set forth in subdivision (1) of this subsection for an additional period not to exceed ninety days.

NOTE: The purpose of this bill is to raise the minimum wage to $5.50 per hour by June 30, 2005 and to $6.15 per hour by January 1, 2007; and to provide that if the federal wage rate increased, then state minimum wage rate shall increase to equal the federal minimum wage rate.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.