Bill Text: VA HB995 | 2016 | Regular Session | Prefiled
Bill Title: Minimum wage; establishes a procedure by which a local alternative wage may be imposed.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-16 - Left in Commerce and Labor [HB995 Detail]
Download: Virginia-2016-HB995-Prefiled.html
16103902D Be it enacted by the General Assembly of Virginia: 1. That §§40.1-28.9 and 40.1-28.10 of the Code of Virginia are amended and reenacted as follows: §40.1-28.9. Definitions. A. As used in this article:
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. 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 on a voluntary basis; 4. Newsboys, shoe-shine boys, caddies on golf courses, babysitters, ushers, doormen, concession attendants and cashiers in theaters; 5. Traveling salesmen or outside salesmen working on a commission basis; taxicab drivers and operators; 6. Any person under the age of 18 in the employ of his father, mother or legal guardian; 7. Any person confined in any penal or corrective institution of the State 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. Any person employed by a boys' and/or girls' summer camp; 9. Any person under the age of 16, regardless of by whom employed; 10. Any person who normally works and is paid based on the amount of work done;
"Local alternative minimum wage requirement" means a requirement that every employer pay to each of his employees, for work performed by them within the locality: 1. From the July 1 that follows the date that the governing body of the locality satisfied the requirements of subsection B of § 40.1-28.10 until the next July 1, wages at a rate to be determined by local ordinance up to and including $10 per hour for the fiscal year beginning July 1, 2016; 2. For the fiscal year beginning July 1, 2017, and all subsequent fiscal years, the maximum local alternative minimum wage shall be adjusted based on the change, if any, in the United States Average Consumer Price Index for all items, as published by the Bureau of Labor Statistics of the United States Department of Labor, from its monthly average, from the previous calendar year.
§40.1-28.10. Minimum wages. A. Every employer shall pay to each of his employees wages
at a rate not less than the federal minimum wage B. Any locality may by ordinance, after a public hearing, impose a local alternative minimum wage requirement, as defined in §40.1-28.9. However, no ordinance shall be passed until after descriptive notice of the proposed ordinance has been published once a week for two successive weeks prior to its passage in a newspaper having a general circulation in the locality. The second publication shall not be sooner than one calendar week after the first publication. The publication shall include a statement either that the publication contains the full text of the ordinance or that a copy of the full text of the ordinance is on file in the administrative office of the locality. Upon adoption of such ordinance, the locality shall deliver to the Commissioner a certified copy of the ordinance. |