Bill Text: CA AB1439 | 2011-2012 | Regular Session | Amended

---

Bill Title: Minimum wage: annual adjustment.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB1439 Detail]

Download: California-2011-AB1439-Amended.html

---

BILL NUMBER: AB 1439	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Alejo
    (   Coauthors:   Assembly Members 
 Allen,   Ammiano,   Roger Hernández, 
 Solorio,   and Williams   ) 
    (   Coauthor:   Senator   Evans
  ) 

                        JANUARY 4, 2012

   An act to amend Section  7153   1182.12 
of the Labor Code, relating to  occupational safety
  employment  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1439, as amended, Alejo.  Occupational safety:
scaffolding.   Minimum wage: annual adjustment. 

   Existing law requires that, on and after January 1, 2008, the
minimum wage for all industries be not less than $8.00 per hour.
 
   This bill would provide for an adjustment to the hourly minimum
wage on January 1, 2013, and annually thereafter, to maintain
employee purchasing power. The automatically adjusted minimum wage
would be calculated using the California Consumer Price Index, as
specified. The bill would prohibit the Industrial Welfare Commission
from adjusting the minimum wage downward and from adjusting the
minimum wage upward if the average percentage of inflation for the
previous year, as defined, was negative. The bill would require the
Industrial Welfare Commission to publicize the automatically adjusted
minimum wage.  
   This bill would provide that the commission may increase the
minimum wage in an amount greater than the formula would provide.
 
   Existing law places certain requirements on an employer when
scaffolding is used in connection with work upon any building or
structure. Existing law prohibits platforms or floors of the
scaffolding from being less than 14 inches in width and requires them
to be free from knots or fractures impairing their strength.
 
   This bill would make a nonsubstantive change to the above
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1182.12 of the   Labor
Code   is amended to read: 
   1182.12.   (a)    Notwithstanding any other
provision of this part, on and after January 1, 2007, the minimum
wage for all industries shall be not less than seven dollars and
fifty cents ($7.50) per hour, and on and after January 1, 2008, the
minimum wage for all industries shall be not less than eight dollars
($8.00) per hour. 
   (b) (1) Except as provided in paragraph (3), the minimum wage
shall be automatically adjusted on January 1 of each year, commencing
on January 1, 2013, to maintain employee purchasing power diminished
by the rate of inflation that occurred during the previous year.
 
   (2) The minimum wage adjustment shall be made by multiplying the
minimum wage in effect on August 31 of the previous year by the
percentage of inflation that occurred during that year, and by adding
the product to the minimum wage in effect during that year. The
resulting total shall be rounded off to the nearest five cents
($0.05). The Industrial Welfare Commission shall publicize the
automatically adjusted minimum wage.  
   (3) The Industrial Welfare Commission shall not adjust the minimum
wage pursuant to this subdivision if the average percentage of
inflation for the previous year was negative.  
   (4) For purposes of this subdivision, the following terms have the
following meanings:  
   (A) "Percentage of inflation" means the percentage of inflation
specified in the California Consumer Price Index for All Urban
Consumers, as published by the Department of Industrial Relations,
Division of Labor Statistics and Research, or its successor index.
 
   (B) "Previous year" means the 12-month period that ends on August
31 of the calendar year prior to the adjustment. 
   (c) The Industrial Welfare Commission shall not reduce the minimum
wage prescribed by this section.  
   (d) Except as provided by paragraph (3) of subdivision (b), the
Industrial Welfare Commission may increase the minimum wage in an
amount greater than the rate calculated pursuant to subdivision (b).
 
  SECTION 1.    Section 7153 of the Labor Code is
amended to read:
   7153.  Platforms or floors of the scaffolding shall be not less
than 14 inches in width and shall be free from knots or fractures
impairing their strength.