Senate Bill No. 146

(By Senators Hunter, Kessler, Dempsey, Foster, Lanham, McCabe and Jenkins )

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[Introduced January 13, 2006; referred to the Committee on Labor; then to the Committee on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to minimum wages.

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.
(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.

NOTE: The purpose of this bill is to raise the minimum wage in accordance with legislation now pending before Congress.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.