COMMITTEE SUBSTITUTE

FOR
H. B. 4023

(By Delegates Brown, Amores, Caputo, Hartman,

Hrutkay, and R. Thompson)


(Originating in the Committee on the Judiciary)

[February 27, 2006]
A BILL to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to increasing the state minimum and training wage; and linking the state minimum and training wage to the federal minimum and training wage.

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 & MAXIMUM HOURS STANDARDS.

 §21-5C-2. Minimum wages.
(a) Minimum wage:
(1) After the thirtieth day of September, one thousand nine hundred ninety-seven June, two thousand six, every employer shall pay to each of his or her employees wages at a rate not less than four five dollars and seventy-five eighty-five cents per hour.
(2) After the thirty-first day of August, one thousand nine hundred ninety-eight thirtieth day of June, two thousand seven, every employer shall pay to each of his or her employees wages at a rate not less than five six dollars and fifteen fifty-five cents per hour.
(3) After the thirtieth day of June, two thousand eight, every employer shall pay to each of his or her employees wages at a rate not less than seven dollars and twenty-five cents per hour.
(4) At such time as the federal minimum hourly wage as prescribed by 29 U.S.C. § 206(a)(1) is equal to or greater than the wage rate prescribed in subdivision (3) of this subsection, every employer shall pay to each of his or her employees wages at a rate of not less than the federal minimum hourly wage as prescribed by 29 U.S.C. § 206(a)(1). The minimum wage rates required under this subparagraph shall be thereafter adjusted in accordance with adjustments made in the federal minimum hourly rate. The adoption of the federal minimum wage provided by this subdivision includes only the federal minimum hourly rate prescribed in 29 U.S.C. § 206(a)(1) and does not include other wage rates, or conditions, exclusions, or exceptions to the federal minimum hourly wage rate. In addition, adoption of the federal minimum hourly wage rate does not extend or modify the scope or coverage of the minimum wage rate required under this subdivision.
(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 June, two thousand six, a subminimum training wage not less than four five dollars and twenty-five fifteen cents per hour.
(2) An employer may not pay the subminimum training wage set forth in subdivision (1) of this subsection to any individual:
(i) Who has attained or attains while an employee of the employer, the age of twenty years; 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 subdivision (1) of this subsection for an additional period not to exceed ninety days.
(3) At such time as the federal subminimum training wage as prescribed by 29 U.S.C. § 206(g)(1) is equal to or greater than the wage rate prescribed in subdivision (1) of this subsection, every employer shall pay to each of his or her employees wages at a rate of not less than the federal minimum hourly wage as prescribed by 29 U.S.C. § 206(g)(1). The minimum wage rates required under this subparagraph shall be thereafter adjusted in accordance with adjustments made in the federal minimum hourly rate. The adoption of the federal minimum wage provided by this subdivision includes only the federal minimum hourly rate prescribed in 29 U.S.C. § 206(g)(1) and does not include other wage rates, or conditions, exclusions, or exceptions to the federal minimum hourly wage rate. In addition, adoption of the federal minimum hourly wage rate does not extend or modify the scope or coverage of the minimum wage rate required under this subdivision.