Bill Text: WV HB4507 | 2022 | Regular Session | Introduced
Bill Title: Increasing the minimum wage paid to persons who receive tips
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-02-02 - To House Workforce Development [HB4507 Detail]
Download: West_Virginia-2022-HB4507-Introduced.html
WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
House Bill 4507
By Delegates Zukoff, Young, and Fluharty
[Introduced February 02, 2022; Referred to the Committee on Workforce Development then the Judiciary]
A BILL to amend and reenact §21-5C-4 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum wage paid to persons who receive tips.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.
§21-5C-4. Credits.
Prior to January 1, 2015,
in determining whether an employer is paying an employee wages and overtime
compensation as provided in §21-5C-2
and §21-5C-3 of this code, there shall be provided in accordance with the
regulations which shall be promulgated by the commissioner a credit to the
employer of 20 percent of the hourly rate of the amount paid an employee
customarily receiving gratuities, and a reasonable credit for board and lodging
furnished to an employee: Provided, That after December 31, 2014, in
determining whether an employer is paying an employee wages and overtime
compensation as provided in §21-5C-2 and §21-5C-3 of this code, there shall be
provided in accordance with the legislative rules proposed for promulgation by
the commissioner a credit to the employer of seventy 50 percent
of the hourly rate of the amount paid an employee customarily receiving
gratuities, and a reasonable credit for board and lodging furnished to an
employee. The commissioner shall propose legislative rules for promulgation
relating to maximum allowances to employers for room and board furnished to
employees: Provided, however, That the employer shall be
required to furnish to the commissioner upon request, documentary evidence that
the employee is receiving at least seventy 50 percent of the
minimum wage in gratuities or is receiving room and lodging in accordance with
the rules and regulations promulgated by the commissioner.
NOTE: The purpose of this bill is to increase the minimum wage requirements for employees that customary receive tips. Currently the 70% credit results in the minimum wage for persons receiving tips being $2.62. The increase to 50% bill would increase tip earners minimum wage to $4.38.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
