Bill Text: VA HB2270 | 2021 | Regular Session | Introduced
Bill Title: Minimum wage; effective dates of scheduled increases, report.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-05 - Left in Labor and Commerce [HB2270 Detail]
Download: Virginia-2021-HB2270-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §40.1-28.10 of the Code of Virginia is amended and reenacted as follows:
§40.1-28.10. Minimum wages.
A. 1. Prior to May 1, 2021 January 1, 2022, every
employer shall pay to each of its employees wages at a rate not less than the
federal minimum wage.
2. Beginning May 1, 2021 January 1, 2022, every
employer shall pay to each of his employees at a rate not less than the federal
minimum wage or 75 percent of the Virginia minimum wage provided for in this
section, whichever is greater. For the purposes of this subdivision
"employee" means any person or individual who is enrolled in an
established employer on-the-job or other training program for a period not to
exceed 90 days which meets standards set by regulations adopted by the
Commissioner.
B. From May 1, 2021 January 1, 2022, until January
1, 2022
2023, every employer shall pay to each of its employees
wages at a rate not less than the greater of (i) $9.50 per hour or (ii) the
federal minimum wage.
C. From January 1, 2022 2023, until January 1, 2023
2024, every employer shall pay to each of its employees
wages at a rate not less than the greater of (i) $11.00 per hour or (ii) the
federal minimum wage.
D. From January 1, 2023 2024, until January 1, 2025
2026, every employer shall pay to each of its employees
wages at a rate not less than the greater of (i) $12.00 per hour or (ii) the
federal minimum wage.
E. (For effective date, see Acts 2020, cc. 1204 and 1242) From
January 1, 2025 2026, until January 1, 2026
2027, every employer shall pay to each of its employees
wages at a rate not less than the greater of (i) $13.50 per hour or (ii) the
federal minimum wage.
F. (For effective date, see Acts 2020, cc. 1204 and 1242) From
January 1, 2026 2027, until January 1, 2027
2028, every employer shall pay to each of its employees
wages at a rate not less than the greater of (i) $15.00 per hour or (ii) the
federal minimum wage.
G. From and after January 1,
2027 2028,
every employer shall pay to each of his employees wages at a rate not less than
the greater of (i) the adjusted state hourly minimum wage or (ii) the federal
minimum wage.
H. By October 1, 2026 2027, and annually thereafter,
the Commissioner shall establish the adjusted state hourly minimum wage that
shall be in effect during the 12-month period commencing on the following
January 1. The Commissioner shall set the adjusted state hourly minimum wage at
the sum of (i) the amount of the state hourly minimum wage rate that is in
effect on the date such adjustment is made and (ii) a percentage of the amount
described in clause (i) that is equal to the percentage by which the United States
Average Consumer Price Index for all items, all urban consumers (CPI-U), as
published by the Bureau of Labor Statistics of the U.S. Department of Labor, or
a successor index as calculated by the U.S. Department of Labor, has increased
during the most recent calendar year for which such information is available.
The amount of each annual adjustment shall not be less than zero.
2. That the second and third enactments of Chapters 1204 and 1242 of the Acts of Assembly of 2020 are amended and reenacted as follows:
2. Beginning January 1,
2022 2023,
the Virginia Department of Housing and Community Development, the Virginia
Economic Development Partnership Authority, and the Virginia Employment
Commission (the agencies) shall conduct a joint review of the feasibility and
potential impact of instituting a regional minimum wage in the Commonwealth. In
evaluating a regional minimum wage, the agencies shall form a work group to
assess various factors, including, but not limited to, the cost of living in
the Commonwealth; the potential impact on employers and any fringe benefits
offered to employees such as employer-sponsored health insurance; the potential
impact on workers, with a focus on income inequality; the potential impact on
agricultural workers; the experience of other states with a regional wage; and
the equity and fairness of the exemption from the minimum wage for any person
employed as a farm laborer or farm employee provided by §40.1-28.10 of the
Code of Virginia. The agencies also shall provide an assessment of options for
utilizing a minimum wage in the Commonwealth, the
feasibility of a regional minimum wage, and the economic benefits or impacts of
utilizing a minimum wage. The agencies shall also assess the effects of the minimum
wage increases scheduled in §40.1-28.10 of the Code of Virginia, as amended by
this act. The agencies shall submit to the General Assembly and the Governor an
executive summary and a report of their findings and recommendations. The
executive summary and report shall be submitted as provided in the procedures
of the Division of Legislative Automated Systems for the processing of
legislative documents no later than December 1,
2023 2024,
and shall be posted on the General Assembly's website.
3. That the provisions of subsections E and F of §
40.1-28.10 of the Code of Virginia, as amended by this act, shall not become
effective unless reenacted by a regular or special session of the General
Assembly prior to July 1, 2024 2025. If the General Assembly does
not reenact subsections E and F by July 1,
2024 2025,
then (i) the Commissioner of Labor and Industry shall establish the adjusted
state hourly minimum wage as provided in subsection H by October 1, 2024
2025, and annually thereafter;, and (ii) from and after
January 1, 2025 2026, every employer shall pay
to each of his employees wages as specified in
subsections subsection
G.
3. That an emergency exists and this act is in force from its passage.