Bill Text: NJ ACR147 | 2010-2011 | Regular Session | Introduced
Bill Title: Amends Constitution to set minimum wage at $8.50 per hour with annual adjustments for inflation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-10-07 - Introduced, Referred to Assembly Labor Committee [ACR147 Detail]
Download: New_Jersey-2010-ACR147-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 147
STATE OF NEW JERSEY
214th LEGISLATURE
INTRODUCED OCTOBER 7, 2010
Sponsored by:
Assemblywoman L. GRACE SPENCER
District 29 (Essex and Union)
SYNOPSIS
Amends Constitution to set minimum wage at $8.50 per hour with annual adjustments for inflation.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution proposing to amend Article I of the Constitution of the State of New Jersey by adding a new paragraph thereto.
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to:
PROPOSED AMENDMENT
Amend Article I of the State Constitution by the addition of the following paragraph:
23. Workers in public and private employment have a right to be paid wages at rates which are not oppressive or unreasonable and which are sufficient to safeguard their health, efficiency, and general well-being and to protect them as well as their employers from the effects of serious and unfair competition resulting from wage levels detrimental to their health, efficiency and well-being. Every employer shall, beginning January 1, 2012, pay each employee a wage rate of not less than $8.50 per hour for 40 hours of working time in any week and one and one half times the employee's regular hourly wage for each hour of working time in excess of 40 hours in any week. On September 30 of 2012 and of each subsequent year, this State minimum wage rate shall be increased effective the following January 1 by any increase during the one year prior to that September in the consumer price index for all urban wage earners and clerical workers for all items as calculated by the federal government. If, at any time, the federal minimum hourly wage rate set by section 6 of the federal "Fair Labor Standards Act of 1938" (29 U.S.C. s.206) is raised to a level higher than the minimum wage set by this paragraph, the minimum wage set by this paragraph shall be immediately increased to the level of the federal minimum wage, and all subsequent increases based on increases in the consumer price index shall be applied to the minimum wage as increased to match the federal minimum wage. The minimum wage requirements and overtime requirements of this paragraph shall apply to all categories of employees who were, on the date of the approval of this amendment by the people pursuant to Article IX of the Constitution, subject to, respectively, the minimum wage requirements and overtime requirements of the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a1 et seq.), and those minimum wage or overtime requirements shall not apply to the respective categories of employees who were exempt from those minimum wage or overtime requirements on that date, except that that act may be amended to extend the scope of that act to categories of employees that were previously exempted from the wage or overtime requirements. All remedies, penalties or other measures provided by that act as of that date for violations of the provisions of that act, and any remedies, penalties or other measures for violations of that act which are subsequently added by amendment to that act, shall be applicable to violations of this paragraph. The provisions of this paragraph, and the provisions of the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), shall not be construed as prohibiting the establishment, by law, by collective bargaining agreement, or by other means, of requirements or standards regarding wage rates, overtime, or other terms and conditions of employment which are more favorable to employees or which otherwise provide greater protections or rights to employees than the requirements or standards of this paragraph, including prevailing wage and other requirements or standards pertaining to public contracts.
2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.
3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:
There shall be printed on each official ballot to be used at the general election, the following:
a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:
If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."
b. In every municipality the following question:
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CONSTITUTIONAL AMENDMENT TO SET THE STATE MINIMUM WAGE AT $8.50 PER HOUR AND PROVIDE ANNUAL INCREASES REFLECTING COST OF LIVING INCREASES. |
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YES |
Shall the amendment to Article I of the Constitution of the State of New Jersey, setting the State's minimum wage at $8.50 per hour on January 1, 2012 and providing, in subsequent years, for annual increases in that minimum when needed to keep pace with any increases in the consumer price index, be approved? |
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INTERPRETIVE STATEMENT |
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NO
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This proposed constitutional amendment requires that every employer pay each employee, beginning January 1, 2012, a wage rate of not less than $8.50 per hour and 1 and ½ times the worker's regular hourly rate for work in excess of 40 hours per week and provides, in subsequent years, for annual increases in that minimum wage rate when needed to keep pace with increases in the consumer price index. If the federal minimum wage is increased above the State minimum wage, the State minimum wage would be immediately increased to match the federal minimum wage and subsequent cost of living increases would be added to the rate based on the federal rate. The amendment provides that the exemptions from minimum wage and overtime coverage for categories of workers specified in the State's existing wage and hour law would apply to the provisions of the amendment, but allows future amendments to that law to extend coverage to categories of workers currently excluded. The amendment makes current penalties and remedies, and any added future penalties and remedies, for violations of the State's existing minimum wage law apply to violations of this amendment. This amendment sets minimum standards and does not preclude the establishment, by law, collective bargaining agreement, or other means, of higher standards, including prevailing wage standards. |
STATEMENT
The purpose of this proposed constitutional amendment is to provide that workers have a right to be paid wages at rates which are not oppressive or unreasonable and which are sufficient to safeguard their health, efficiency, and general well-being and to protect them as well as their employers from the effects of serious and unfair competition resulting from wage levels detrimental to their health, efficiency and well-being.
Specifically, this constitutional amendment, if approved by the voters of this State, would require every employer to pay each employee a wage rate of not less than $8.50 per hour beginning January 1, 2012, for 40 hours of working time in any week and one and one half times the worker's regular hourly wage for each hour of working time in excess of 40 hours per week and would provide for annual increases in that minimum wage rate whenever needed to keep pace with any increases in the consumer price index. If, at any time, the federal minimum hourly wage is raised to a level higher than the minimum wage set by this paragraph, the minimum wage set by this paragraph would be immediately increased to the level of the federal minimum wage, and all subsequent increases based on increases in the consumer price index would be applied to the minimum wage as increased to match the federal minimum wage. The minimum wage requirements and overtime requirements of the paragraph would apply to all categories of employees who were subject to the requirements of the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a1 et seq.) at the time of the approval of the amendment. The amendment makes current penalties and remedies, and any added future penalties and remedies, for violations of the State's existing minimum wage law apply to violations of this amendment. This amendment sets minimum standards and does not preclude the establishment, by law, collective bargaining agreement, or other means, of higher standards, including prevailing wage standards.
