ENGROSSED


COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 470

(By Senator Hunter)

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[Originating in the Committee on Labor;

reported March 27, 1997.]

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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, relating 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, first day of October, 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-five seventy-five cents per hour.
(2) After the thirty-first day of March first day of September, one thousand nine hundred ninety-one ninety-eight, 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 subsection (a) of this section, after the thirty-first day of March, one thousand nine hundred ninety-one, any an employer may pay an employee first hired after the first day of September, one thousand nine hundred ninety-seven, 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 subdivision (1) of this subsection to any individual:
(i) Who has attained nineteen years of age or attains while an employee of the employer, the age of twenty; 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 subdivision (1) of this subsection for an additional period not to exceed ninety days.