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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4023
(By Delegates Brown, Amores, Caputo, Hartman,
Hrutkay, and R. Thompson)
[Passed March 11, 2006; in effect ninety days from passage.]
AN ACT to amend and reenact §21-5C-2 of the Code of West Virginia,
1931, as amended, relating to increasing the state minimum and
training wage; linking the state minimum and training wage to
the federal minimum and training wage; making all departments
and agencies of the State of West Virginia subject to the
minimum wage established in this section regardless of federal
law; and providing the minimum wage will not fall below the
federal minimum wage.
Be it enacted by the Legislature of West Virginia:
That §21-5C-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5C.MINIMUM WAGE AND MAXIMUM HOURS STANDARDS.
§21-5C-2. Minimum wages.
(a) Minimum wage:
(1) After the thirtieth day of June, two thousand six, every employer shall pay to each of his or her employees wages at a rate
not less than five dollars and eighty-five cents per hour.
(2) After the thirtieth day of June, two thousand seven, every
employer shall pay to each of his or her employees wages at a rate
not less than six dollars and fifty-five cents per hour.
(3) After the thirtieth day of June, two thousand eight, every
employer shall pay to each of his or her employees wages at a rate
not less than seven dollars and twenty-five cents per hour.
(4) At such time as 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 subdivision (3) 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
subparagraph 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 subdivision 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 subdivision.
(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 the thirtieth day of June, two thousand six, a
subminimum training wage not less than five dollars and fifteen
cents per hour.
(2) An employer may not pay the subminimum training wage set
forth in subdivision (1) of this subsection to any individual:
(i) Who has attained or attains while an employee of the
employer, the age of twenty years; or
(ii) 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) At such time as 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 minimum hourly wage as prescribed by
29 U.S.C. § 206(g)(1). The minimum wage rates required under this
subparagraph 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 subdivision includes only the federal minimum hourly 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 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 subdivision.
(c) Notwithstanding any provision or definition to the
contrary, the wages established pursuant to this section shall be
applicable to all individuals employed by the State of West
Virginia, its agencies, and departments, regardless if such
employee or employer are subject to any federal act relating to
minimum wage: Provided, that at no time shall 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).