SENATE CONCURRENT RESOLUTION 48

(By Senators Azinger, Baldwin, Beach, Boso, Clements, Cline, Hardesty, Jeffries, Lindsay, Maynard, Romano, Rucker, Smith, Weld, and Trump)

[Originating in the Committee on the Judiciary;
Reported on February 28, 2019]

Requesting the Joint Committee on the Judiciary study whether the Legislature should eliminate the use of subminimum wages for people with intellectual, developmental, or other disabilities.

Whereas, Section 14(c) of the Fair Labor Standards Act authorizes the payment of subminimum wages to persons with intellectual, developmental, and other disabilities; and

Whereas, At least 264 employees with disabilities receive subminimum wages in West Virginia; and

Whereas, Members of the workforce with intellectual, developmental, or other disabilities are contributing members of society; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on the Judiciary is hereby requested to study whether the Legislature should eliminate the use of subminimum wages for people with intellectual, developmental, or other disabilities; and, be it

Further Resolved, That the Joint Committee on the Judiciary enlist the assistance of the Division of Rehabilitation Services in conducting the study; and, be it

Further Resolved, That the study include an examination of whether requiring a minimum wage to be paid to persons with intellectual, developmental, or other disabilities would have the negative consequence of reducing or eliminating jobs and employment for persons with these disabilities; and, be it

Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature, 2020, on its findings, conclusions, and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.