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Introduced Version House Bill 3102 History

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HB3102 intr
H. B. 3102


          (By Delegates Manchin, Skinner, Young, Tomblin, Barrett, Lynch, Fleischauer, Lawrence, Caputo and Longstret)

          [Introduced March 25, 2013; referred to the
          Committee on Finance.]


A BILL to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to raising the minimum 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 AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.
§21-5C-2. Minimum wages.

     (a) Minimum wage:
     
(1) After June 30, 2006, every employer shall pay to each of his or her employees wages at a rate not less than $5.85 per hour.
     
(2) After June 30, 2007, every employer shall pay to each of his or her employees wages at a rate not less than $6.55 per hour.
     
(3) (1) After June 30, 2008, every employer shall pay to each of his or her employees wages at a rate not less than $7.25 per hour.
     (2) After June 30, 2014, every employer shall pay to each of his or her employees wages at a rate not less than $9.00 per hour.
_____
(4) At such time as (3) When 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) (2) 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, 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 June 30, 2006, a subminimum training wage not less than $5.15 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 When 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, 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.
     (c) Notwithstanding any provision or definition to the contrary, the wages established pursuant to this section shall be are applicable to all individuals employed by the State of West Virginia, its agencies, and departments, regardless if such the employee or employer are is subject to any federal act relating to minimum wage: Provided, That at no time shall may the minimum wage established pursuant to this section fall below the federal minimum hourly wage as prescribed by 29 U.S.C. §206(a)(1).


          
     NOTE: The purpose of this bill is to raise the West Virginia minimum wage to $9.00 an hour, effective July 1, 2014.


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