Bill Text: VA SB681 | 2015 | Regular Session | Comm Sub
Bill Title: Minimum wage; increases from its current federally mandated level to $8.00 per hour.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2015-01-19 - Passed by indefinitely in Commerce and Labor (11-Y 3-N) [SB681 Detail]
Download: Virginia-2015-SB681-Comm_Sub.html
15100678D
Be it enacted by the General Assembly of Virginia: 1. That §§40.1-28.9 and 40.1-28.10 of the Code of Virginia are amended and reenacted as follows: §40.1-28.9. Definitions; determining wages of tipped employees. A. As used in this article:
1. Any person employed as a farm laborer or farm employee; 2. Any person employed in domestic service or in or about a private home or in an eleemosynary institution primarily supported by public funds; 3. Any person engaged in the activities of an educational, charitable, religious or nonprofit organization where the relationship of employer-employee does not, in fact, exist, or where the services rendered to such organizations are on a voluntary basis; 4. Newsboys, shoe-shine boys, caddies on golf courses, babysitters, ushers, doormen, concession attendants and cashiers in theaters; 5. Traveling salesmen or outside salesmen working on a commission basis; taxicab drivers and operators; 6. Any person under the age of 18 in the employ of his father, mother or legal guardian; 7. Any person confined in any penal or corrective institution of the State or any of its political subdivisions or admitted to a state hospital or training center operated by the Department of Behavioral Health and Developmental Services; 8. Any person employed by a boys' and/or girls' summer camp; 9. Any person under the age of 16, regardless of by whom employed; 10. Any person who normally works and is paid based on the amount of work done; 11.
"Wages" means legal tender of the United States or checks or drafts on banks negotiable into cash on demand or upon acceptance at full value; provided, wages may include the reasonable cost to the employer of furnishing meals and for lodging to an employee, if such board or lodging is customarily furnished by the employer, and used by the employee.
§40.1-28.10. Minimum wages.
B. From July 1, 2015, until July 1, 2016, every employer shall pay to each of his employees wages at a rate not less than the greater of (i) $8.00 per hour or (ii) the federal minimum wage as prescribed by the U.S. Fair Labor Standards Act (29 U.S.C. §201 et seq.). During this period, (a) the cash wage paid to a tipped employee by his employer shall not be less than 50 percent of the minimum wage established pursuant to the preceding sentence and (b) the credit used to determine the wage of a tipped employee as provided under subsection B of §40.1-28.9 shall equal the difference between the cash wage established pursuant to clause (a) and the minimum wage established pursuant to the preceding sentence. C. From July 1 2016, until July 1, 2017, every employer shall pay to each of his employees wages at a rate not less than the greater of (i) $9.00 per hour or (ii) the federal minimum wage as prescribed by the U.S. Fair Labor Standards Act (29 U.S.C. §201 et seq.). During this period, (a) the cash wage paid to a tipped employee by his employer shall not be less than 50 percent of the minimum wage established pursuant to the preceding sentence and (b) the credit used to determine the wage of a tipped employee as provided under subsection B of §40.1-28.9 shall equal the difference between the cash wage established pursuant to clause (a) and the minimum wage established pursuant to the preceding sentence. D. From and after July 1 2017, every employer shall pay to each of his employees wages at a rate not less than the greater of (i) $10.10 per hour or (ii) the federal minimum wage as prescribed by the U.S. Fair Labor Standards Act (29 U.S.C. §201 et seq.). From and after such date, (a) the cash wage paid to a tipped employee by his employer shall not be less than 50 percent of the minimum wage established pursuant to the preceding sentence and (b) the credit used to determine the wage of a tipped employee as provided under subsection B of §40.1-28.9 shall equal the difference between the cash wage established pursuant to clause (a) and the minimum wage established pursuant to the preceding sentence. |