Senate Bill No. 490
(By Senators Craigo, Ross, Sharpe, Yoder, Dittmar, Scott,
Anderson and Walker)
____________
[Introduced February 19, 1996; referred to the Committee
on Finance.]
____________
A BILL to amend and reenact section four, article five-c, chapter
twenty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing the
credit, for gratuities received by an employee, available to
an employer against the minimum wage.
Be it enacted by the Legislature of West Virginia:
That section four, article five-c, chapter twenty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR
EMPLOYEES.
§21-5C-4. Credits.
In determining whether an employer is paying an employee wages and overtime compensation as provided in sections two and
three of this article, there shall be provided in accordance with
the regulations rules which shall be promulgated by the
commissioner a credit to the employer of twenty fifty percent of
the hourly rate of the amount paid an employee customarily
receiving gratuities, and a reasonable credit for board and
lodging furnished to an employee. The commissioner shall
promulgate regulations rules relating to maximum allowances to
employers for room and board furnished to employees: Provided,
That the employer shall be is required to furnish to the
commissioner upon request, documentary evidence that the employee
is receiving at least twenty fifty percent of the minimum wage in
gratuities or is receiving room and lodging in accordance with
the rules and regulations promulgated by the commissioner.
NOTE: The purpose of this bill is to increase from twenty
percent to fifty percent the credit against the minimum wage
which may be taken for gratuities received by the employee.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.