H. B. 4085
(By Delegates Longstreth, Caputo and Manchin)
[Introduced January 24, 2006; referred to the
Committee on the Judiciary 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 six, 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 day of December, two thousand
seven, 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:
(A) Who has attained or attains while an employee of the
employer, the age of twenty years; or
(B) 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, 2006 and to $6.15 per hour by January
1, 2008; 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.