Bill Text: WV HB2871 | 2019 | Regular Session | Introduced
Bill Title: Increasing the state minimum wage
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2019-02-06 - To House Small Business, Entrepreneurship and Economic Development [HB2871 Detail]
Download: West_Virginia-2019-HB2871-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
House Bill 2871
By Delegates Lavender-Bowe, Angelucci, Walker, Zukoff, Caputo, C. Thompson, Estep-Burton, Rowe, Fleischauer, S. Brown and Hornbuckle
[Introduced February 6, 2019;
Referred
to the Committee on Small Business, Entrepreneurship and Economic Development
then Industry and Labor then Finance.]
A BILL to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to increasing the state minimum wage.
Be it enacted by the Legislature of West Virginia:
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) 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.
(4) After December 31, 2014, every employer shall pay to each of his or her employees wages at a rate not less than $8.00 per hour.
(5) After December 31, 2015, every employer shall pay to each of his or her employees wages at a rate not less than $8.75 per hour.
(6) After December 31, 2019, every employer shall pay to each of his or her employees wages at a rate not less than $9.50 per hour.
(7) After December 31, 2020, every employer shall pay to each of his or her employees wages at a rate not less than $10.25 per hour.
(8) After December 31, 2021, every employer shall pay to each of his or her employees wages at a rate not less than $11.00 per hour.
(9) After December 31, 2022, every employer shall pay to each of his or her employees wages at a rate not less than $12.00 per hour.
(6) (10) 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 the applicable provision 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 subsection 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 subsection includes only
the federal minimum hourly rate prescribed in 29 U.S.C. §206 (a) (1) and does
not include other wage rates, or 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 subsection.
(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: Provided, That an employer may pay an employee first hired after December 31, 2014, a subminimum training wage not less than $6.40 per hour.
(2) An employer may not pay the subminimum training wage set forth in subdivision (1) of this subsection to any individual:
(A) Who has attained or attains while an employee of the employer, the age of twenty years; or
(B) 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) 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 subminimum training wage as prescribed by 29 U.S.C. §206 (g) (1). The subminimum training wage rates required under this subsection shall be thereafter adjusted in accordance with adjustments made in the federal subminimum training wage rate. The adoption of the federal subminimum training wage provided by this subsection includes only the federal subminimum training wage rate prescribed in 29 U.S.C. §206 (g) (1) and does not include other wage rates, or conditions, exclusions, or exceptions to the federal subminimum training wage rate. In addition, adoption of the federal subminimum training wage rate does not extend or modify the scope or coverage of the subminimum training wage rate required under this subsection.
(c) Notwithstanding any provision or definition to the contrary, the wages established pursuant to this section are applicable to all individuals employed by the State of West Virginia, its agencies and departments, regardless if the employee or employer are subject to any federal act relating to minimum wage: Provided, That at no time 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), and at no time may the subminimum training wage established pursuant to this section fall below the federal subminimum training wage rate as prescribed by 29 U.S.C. §206 (g) (1).
NOTE: The purpose of this bill is to increase the minimum wage in West Virginia every year to $12.00 an hour by 2022.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
