Senate Bill No. 459

(By Senators Bailey, McCabe, Chafin, Unger, Minard,

Dempsey, Hunter, Edgell, Barnes, Foster, Jenkins and Kessler)

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[Introduced February 1, 2006; referred 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 raising the minimum wage in West Virginia.

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 AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.

 §21-5C-2. Minimum wages.
(a) Minimum wage:

(1) After the thirtieth day of September, one thousand nine hundred ninety-seven thirty-first day of August, two thousand six, every employer shall pay to each of his or her employees wages at a rate not less than four dollars and seventy-five cents five dollars and twenty-five cents per hour.
(2) After the thirty-first day of August, one thousand nine hundred ninety-eight first day of December, two thousand six, every employer shall pay to each of his or her employees wages at a rate not less than five dollars and fifteen fifty cents per hour.
(3) After, the first day of May, two thousand seven every employer shall pay to each of his or her employees wages at a rate not less than five dollars and seventy-five cents per hour.
(4) After the first day of December, two thousand seven, every employer shall pay to each of his or her employees wages at a rate not less than six dollars per hour.
(5) After the first day of July, two thousand eight, every employer shall pay to each of his or her employees wages at a rate not less than six dollars and twenty-five cents per hour.
(6) After the first day of December, two thousand eight, every employer shall pay to each of his or her employees wages at a rate not less than six dollars and seventy-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, a subminimum training wage not less than four dollars and twenty-five 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 this state.

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