H. B. 2427
(By Delegates Caputo, Linch, Claypole,
Boggs, Collins, Mahan and Kuhn)
[Introduced March 6, 1997; referred to the
Committee on Industry and Labor then Finance.]
A BILL to amend and reenact section two, article five-c, chapter
twenty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, related to increasing the
state minimum wage to the federal standard.
Be it enacted by the Legislature of West Virginia:
That section two, 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-2. Minimum wages.
(a) Minimum wage.
(1) After the thirty-first day of December one thousand
nine hundred eighty-six effective date of the amendment of this
section, one thousand nine hundred ninety-seven, every employer shall pay to each of his or her employees wages at a rate not
less than three four dollars and thirty seventy-five cents per
hour.
(2) After the thirty-first day of March August, one thousand
nine hundred ninety-one seven, every employer shall pay to each
of his or her employees wages at a rate not less than three five
dollars and eighty fifteen cents per hour.
(3) After the thirty-first day of March, one thousand nine
hundred ninety-two, every employer shall pay to each of his
employees wages at a rate not less than four dollars and
twenty-five cents per hour.
(b) Training wage.
(1) Notwithstanding the provisions set forth in paragraph
(a) of this section, after the thirty-first day of March, one
thousand nine hundred ninety-one, any employer may pay an
employee a subminimum training wage not less than the wage set
forth in paragraph (a) (2) of section six of the Fair Labor
Standards Amendments of 1989, as amended, as in effect on the
effective date of this section.
(2) An employer shall may not pay the subminimum training
wage set forth in paragraph (b) (1) of this section to any
individual:
(i) Who has attained nineteen years of age; 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 paragraph (b) (1) of this
section for an additional period not to exceed ninety days.
NOTE: The purpose of this bill is to increase the state
minimum wage to the federal standard.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.