Bill Text: MO HB1792 | 2010 | Regular Session | Comm Sub


Bill Title: Allows an employer to pay an employee who is younger than 18 years of age a wage that is not less than 75% of the required minimum wage under certain conditions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-14 - Referred: Rules - Pursuant to Rule 25(32)(f) (H) [HB1792 Detail]

Download: Missouri-2010-HB1792-Comm_Sub.html

SECOND REGULAR SESSION

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1792

95TH GENERAL ASSEMBLY

4193L.05C                                                                                                                                                 D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To amend chapter 290, RSMo, by adding thereto one new section relating to minimum wage law, with a penalty provision.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Chapter 290, RSMo, is amended by adding thereto one new section, to be known as section 290.503, to read as follows:

            290.503. 1. (1) In lieu of the minimum wage rate prescribed in section 290.502, any employer may pay any employee of such employer a wage rate that is not less than seventy-five percent of the Missouri minimum wage rate prescribed in section 290.502 for the first ninety days of employment so long as such wage is not lower than the applicable minimum wage provided under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 201, et seq. However, this subsection shall not apply to a seasonal employee who returns to work for substantially the same employer within an eighteen-month period.

            (2) No employer shall take any action to displace employees (including partial displacements such as reduction in hours, wages, or employment benefits) for purposes of hiring individuals at wages authorized in subdivision (1) of this subsection. Complaints of violations of this subsection may be made to the attorney general who shall investigate such allegations. Any employer who knowingly violates this subsection shall be guilty of a class D felony. The attorney general or any employee injured by a violation of this subsection may also bring a civil action to recover actual damages on behalf of such employee. The court may, in its discretion, award punitive damages not to exceed treble the amount of actual damages, award attorney fees to the prevailing party including the attorney general, and provide such equitable relief as it deems necessary or proper.

            (3) This subsection shall only apply to employees who have not attained eighteen years of age except as provided in subsection 1 of this section.

            2. Under section 23.253 of the Missouri sunset act:

            (1) The provisions of the new program authorized under this section shall automatically sunset three years after the effective date of this section; and

            (2) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.

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