ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 490
(By Senators Craigo, Ross, Sharpe, Yoder, Dittmar, Scott,
Anderson and Walker)
____________
[Originating in the Committee on Finance;
reported February 23, 1996.]
____________
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 employer
credits; increasing the credit available to an employer
against the minimum wage for gratuities received by an
employee; credit for room and board; promulgation of rules;
and furnishing evidence of gratuities.
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 which shall be promulgated by the commissioner a
credit to the employer of twenty the employer shall be provided
with a credit of fifty percent of the hourly rate of the amount
paid an employee customarily receiving gratuities, and a
reasonable credit for room and board and lodging furnished to an
employee. The commissioner shall promulgate regulations rules
relating to the provision of the credit and to setting 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
board in accordance with the rules and regulations promulgated by
the commissioner.