Bill Text: VA HB583 | 2020 | Regular Session | Prefiled
Bill Title: Minimum wage; farm workers.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-30 - Incorporated by Labor and Commerce [HB583 Detail]
Download: Virginia-2020-HB583-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §40.1-28.9 of the Code of Virginia is amended and reenacted as follows:
§40.1-28.9. Definitions; determining wage of tipped employee.
A. As used in this article:
"Employee" includes any individual employed by an employer, except the following:
1. Any person employed as a
farm laborer or farm employee;
2. Any
person employed in domestic service or in or about a private home or in an
eleemosynary institution primarily supported by public funds;
3. 2. Any person engaged in the
activities of an educational, charitable, religious,
or nonprofit organization where the relationship of employer-employee does not,
in fact, exist, or
where the services rendered to such organizations are organization is on a voluntary
basis;
4. 3. Caddies on golf courses;
5. 4.Traveling salesmen or outside
salesmen working on a commission basis; taxicab drivers and operators;
6. 5. Any person under the age of
18 in the employ of his father, mother parent or legal guardian;
7. 6. Any person confined in any
penal or corrective institution of the State Commonwealth or any of its
political subdivisions or admitted to a state hospital or training center
operated by the Department of Behavioral Health and Developmental Services;
8. 7. Any person employed by a
summer camp for boys, girls, or both boys and girls;
9. 8. Any person under the age of
16, regardless of by whom employed;
10. 9. Any person who normally
works and is paid based on the amount of work done;
11. 10. Any person whose employment is covered by the Fair Labor
Standards Act of 1938, as amended;
12. 11. Any
person whose earning capacity is impaired by physical deficiency, mental
illness, or intellectual disability;
13. 12. Students participating in a
bona fide educational program;
14. 13. Any person employed by an
employer who that does not have four or
more persons employed at any one time;, provided that husbands, wives the spouse, sons, daughters children, and parents of the an
individual employer shall not be counted in determining the
number of persons employed;
15. 14. Any person who is less than
18 years of age and who is currently enrolled on a full-time basis in any
secondary school, institution of higher education,
or trade school, provided that the
person is not employed more than 20 hours per week;
16. 15. Any person of any age who
is currently enrolled on a full-time basis in any secondary school, institution
of higher education, or
trade school and is in a work-study program or its equivalent at the
institution at which he or she
is enrolled as a student;
17. 16. Any person who is less than
18 years of age and who is under the jurisdiction and direction of a juvenile
and domestic relations district court; or
18. 17. Any person who works as a
babysitter for fewer than 10 hours per week.
"Employer" includes any individual, partnership,
association, corporation, or
business trust, or any person or groups group
of persons acting directly or indirectly in the interest of an employer in
relation to an employee.
"Wages" means legal tender of the United States or checks
or drafts on banks negotiable into cash on demand or upon acceptance at full
value; provided, wages may include. "Wages" includes
the reasonable cost to the employer of furnishing meals and for
lodging to an employee, if such
board or lodging is customarily furnished by the employer,
and used by the employee.
B. In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, except in the case of an employee who establishes by clear and convincing evidence that the actual amount of tips received by him was less than the amount determined by the employer. In such case, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount.
