National Conference of State Legislatures Legislation on Minimum Wage. As of February 14, 2011

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1 National Conference of State Legislatures 2011 Legislation on As of February 14, 2011 CALIFORNIA CA A 10 Alejo (D) : Annual Adjustment Summary: Provides for an adjustment to the hourly minimum wage on January 1, 2013, and annually thereafter. Requires the Industrial Welfare Commission to publicize the automatically adjusted minimum wage. 12/06/2010 Introduced. 01/24/2011 To Assembly Committee on Labor and Employment. CA A 197 Monning (D) Recovery of Wages: Liquidated Damages Summary: Amends existing law which provides that, in a court action to recover wages in violation of the minimum wage set by the Industrial Welfare Commission within the Department of Industrial Relations, the court may award liquidated damages. Increases the amount of liquidated damages that may be awarded to an employee to twice the amount of the wages unlawfully unpaid, plus interest. 01/27/2011 Introduced. 02/10/2011 To Assembly Committee on Labor and Employment. CA A 240 Bonilla (D) Compensation Recovery Actions: Liquidated Damages Summary: Permits an employee to recover liquidated damages pursuant to a complaint brought before the Labor Commissioner alleging payment of less than the state minimum wage. 02/03/2011 Introduced. GEORGIA GA H 97 Brooks (D) Summary: Provides for a substantive and comprehensive reform of provisions regarding the minimum wage law; provides for legislative findings; provides for an increase in the minimum wage; provides for annual minimum wage increases to match the rising cost of living; provides a credit toward the minimum wage for employers of tipped workers; eliminates various eligibility exemptions from the minimum wage; provides for related matters; provides an effective date and applicability; repeals conflicting laws. 01/27/2011 Introduced. 01/31/2011 To House Committee on Industrial Relations. HAWAII HI S 459 Galuteria (D) Short Form Bill - Summary: Relates to minimum Wage. 01/21/2011 Introduced. 1

2 01/24/2011 To Senate Committee on Judiciary and Labor. HI S 610 Galuteria (D) Labor Summary: Enacts the universal living wage as the minimum wage if the calculation yields a higher dollar amount per hour than the statutorily specified minimum wage; takes effect 1/1/ /21/2011 Introduced. 01/24/2011 To Senate Committee on Judiciary and Labor. HI S 613 Galuteria (D) State Summary: Establishes new minimum wage rate and provides for upward adjustment of that rate yearly based on the consumer price index for urban wage earners and clerical workers. 01/21/2011 Introduced. 01/24/2011 To Senate Committee on Judiciary and Labor. HI S 759 Fukunaga (D) Tip Credit Summary: Allows employers to increase the tip credit by changing it from a fixed amount to a percentage of hourly tips claimed by the employee as income; ensures that employees subject to a tip credit earn three times the amount of tip income over the minimum wage as the tip credit; ensures that the tip credit keeps pace with future minimum wage increases; increases the amount of tips reported as taxable income. 01/21/2011 Introduced. 01/24/2011 To Senate Committee on Judiciary and Labor. HI S 844 Slom (R) for Tipped Employees Summary: Clarifies the reduction in minimum wage levels for tipped employees. 01/21/2011 Introduced. 01/24/2011 To Senate Committee on Judiciary and Labor. ILLINOIS IL H 1034 Madigan (D) Summary: Amends the ; makes a technical change in a Section concerning the short title. 01/31/2011 To House Committee on Rules. 02/08/2011 To House Committee on Executive. IL H 1035 Madigan (D) Overtime in the Summary: Amends the ; makes a technical change in a Section concerning overtime. 01/31/2011 To House Committee on Rules. 02/08/2011 To House Committee on Executive. IL H 1036 Madigan (D) Director of Labor in 2

3 Summary: Amends the ; makes a technical change in a Section concerning the Director of Labor. 01/31/2011 To House Committee on Rules. 02/08/2011 To House Committee on Executive. IL H 1037 Madigan (D) Summary Posting in Summary: Amends the ; makes a technical change in a Section concerning the posting of a summary of the. 01/31/2011 To House Committee on Rules. 02/08/2011 To House Committee on Executive. IL H 1038 Madigan (D) Application of Summary: Amends the ; makes a technical change in a Section concerning the application of the Act. 01/31/2011 To House Committee on Rules. 02/08/2011 To House Committee on Executive. IL S 68 Silverstein (D) Human Rights Act Summary: Amends the Human Rights Act; provides that the employment discrimination Article of the Act applies to domestic workers; amends the ; provides that the overtime provisions of the Law apply to domestic workers; amends the One Day Rest In Seven Act; provides that every person employed as a domestic worker shall be allowed at least 24 consecutive hours of rest. 01/27/2011 Introduced. 01/27/2011 To Senate Committee on Assignments. 01/27/2011 To Senate Committee on Labor. IL S 1156 Cullerton (D) Summary: Amends the ; makes a technical change in a section concerning the short title. 02/08/2011 Introduced. 02/08/2011 To Senate Committee on Assignments. IL S 1157 Cullerton (D) Summary: Amends the ; makes a technical change in a section concerning the short title. 02/08/2011 Introduced. 02/08/2011 To Senate Committee on Assignments. IL S 1565 Lightford (D) Summary: Amends the ; provides for fewer limitations on the definition of employee; Provides a procedure for increasing the minimum wage annually to restore the minimum wage to its historic level 3

4 and thereafter increasing the minimum wage by the increase in the cost of living during the preceding year; deletes language pertaining to temporary or irregular employees and employees under the age of /09/2011 Introduced. 02/09/2011 To Senate Committee on Assignments. IL S 1916 Trotter (D) Summary: Amends the ; provides that no certified nursing assistant shall be required to work mandated overtime except in cases of an unforeseen emergent circumstance when such overtime is required only as a last resort, and only 4 additional hours in such cases; provides that when a certified 02/10/2011 Introduced. 02/10/2011 To Senate Committee on Assignments. INDIANA IN H 1538 Speedy (R) Required By Local Unit Summary: Relates to minimum wage required by local unit; prohibits a unit from establishing, mandating, or requiring a minimum wage that exceeds the state minimum wage unless federal or state law provides otherwise; allows a unit to establish wage rates in a contract to which the unit is a party. 01/20/2011 Introduced. 01/20/2011 To House Committee on Employment, Labor and Pensions. IN S 162 Mrvan (D) Enforcement of Wage Requirements Summary: Relates to enforcement of wage requirements; increases the penalties imposed on an employer whose violation of the State Common Construction Wage Law or minimum wage law involves an employee who is an illegal alien; provides that a determination by a Federal Immigration Agency that an alien has come to, entered, or remained in the United States in violation of law creates a rebuttable presumption that the alien is in the United States in violation of 01/03/2011 Prefiled. 01/05/2011 Introduced. 01/05/2011 To Senate Committee on Pensions and Labor. MAINE ME H 340 Tuttle (D) Summary: Requires the minimum wage to increase to $7.75 per hour starting October 1, 2011 and $8.00 per hour starting October 1, /09/2011 Introduced. 02/09/2011 Filed as LR /10/2011 House refers to Joint Committee on Labor, Commerce, Research and Economic Development. 02/10/2011 Senate refers to Joint Committee on Labor, Commerce, Research and Economic Development in concurrence. ME LR 1655 Tuttle (D) Increase Summary: Raises the minimum wage. 01/13/2011 Filed. 4

5 02/09/2011 Assigned House Paper number 340 and LD 447 ME LR 1989 Berry (D) Summary: Amends the minimum wage. 01/13/2011 Filed. MARYLAND MD S 716 Garagiola (D) Rate Summary: Specifies the amount of the State minimum wage rate that is in effect for specified 12-month periods; specifies that, beginning with the 12-month period beginning July 1, 2014, the rate is the amount published by the Commissioner of Labor and Industry in a specified manner; requires the Commissioner, 02/04/2011 Introduced. 02/04/2011 To Senate Committee on Finance. MASSACHUSETTS MA HD 2273 Winslow D (R) Teen Summary: Establishes a Teen to Encourage Seasonal Employment. 01/21/2011 Filed. MA HD 2988 Cabral (D) Strong Summary: Promotes the Commonwealth's economic recovery with a strong minimum wage. 01/21/2011 Filed. MA SD 924 Pacheco (D) Economic Recovery with a Strong Summary: Promotes the Commonwealth's economic recovery with a strong minimum wage. 01/21/2011 Filed. MISSISSIPPI MS H 155 Evans B (D) Mississippi Summary: Enacts the Mississippi. 12/14/2010 Prefiled. 12/14/2010 To House Committee on Labor. 12/14/2010 Additionally referred to House Committee on Appropriations. 01/04/2011 Introduced. 01/04/2011 To House Committee on Labor. 01/04/2011 Additionally referred to House Committee on Appropriations. 02/01/2011 Died in committee. 5

6 MISSOURI MO H 61 Nolte (R) State Summary: Prohibits the state minimum wage from exceeding the federal minimum wage. 12/07/2010 Prefiled. 01/05/2011 Introduced. 01/13/2011 To House Committee on International Trade & Job Creation. 01/26/2011 Public Hearing completed. 02/09/2011 In House Committee on International Trade & Job Creation: Voted do pass as substituted. 02/10/2011 From House Committee on International Trade & Job Creation: Reported do pass as substituted. 02/10/2011 To House Committee on Rules. MO S 110 Crowell (R) Summary: Relates to the minimum wage. 01/13/2011 Introduced. 01/20/2011 To Senate Committee on SMALL Business, Insurance and Industry. NEVADA NV SJR 2 Hardy J (R) Summary: (Constitutional Amendment) Proposes to amend the Constitution to repeal the constitutional provision requiring the payment of a minimum wage. 01/25/2011 Prefiled. 01/25/2011 Filed as Bill Draft Request No /25/2011 To Senate Committee on Commerce, Labor, and Energy. 02/07/2011 Introduced. NEW HAMPSHIRE NH H 133 McGuire C (R) Summary: Relates to the minimum wage; provides that no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law. 01/06/2011 Introduced. 01/06/2011 To House Committee on Labor, Industrial and Rehabilitative Services. 01/06/2011 Filed as LSR 24 NH H 560 Brunelle (D) Summary: Increases the minimum wage. 01/24/2011 Introduced. 01/24/2011 To House Committee on Labor, Industrial and Rehabilitative Services. NH LSR 572 Rosenwald (D) and High School and Postsecondary Students Summary: Relates to minimum wage and high school and postsecondary students. 12/01/2010 Filed. 6

7 01/06/2011 Assigned Bill Number: HB 401 NH LSR 679 Weeden (R) Summary: Increases the minimum wage. 12/06/2010 Filed. 01/11/2011 Withdrawn from further consideration. NEW JERSEY NJ S 2502 Greenstein (D) Failure to Pay Penalty Summary: Establishes criminal penalties for failure to pay the minimum wage. 12/06/2010 Filed. 12/09/2010 Introduced. 12/09/2010 To Senate Committee on Labor. NEW YORK NY A 379 Magee (D) Seasonal Fair Workers Summary: Excludes certain seasonal fair workers from the definition of employee for purposes of the Act. 12/29/2010 Prefiled. 12/29/2010 To Assembly Committee on Labor. 01/05/2011 Introduced. 01/05/2011 To Assembly Committee on Tourism, Arts and Sports Development. 01/05/2011 To Assembly Committee on Labor. NY A 4077 Brennan (D) Minimum Standards for Subsidized Jobs Act Summary: Establishes the "minimum standards for subsidized jobs act"; defines terms; restricts persons, associations, corporations or other entities from being eligible to receive any economic development subsidies unless such entities pay all of their employees a minimum wage that is at least one dollar per hour higher than the state's minimum wage; provides health insurance benefits for which the employer pays a minimum of eighty percent of the monthly premium. 02/01/2011 Introduced. 02/01/2011 To Assembly Committee on Labor. NY A 4312 Crespo (D) Minimum Standards for Subsidized Jobs Act Summary: Establishes the "minimum standards for subsidized jobs act"; defines terms; restricts persons, associations, corporations or other entities from being eligible to receive any economic development subsidies unless such entities pay all of their employees a minimum wage that is at least one dollar per hour higher than the state's minimum wage. 02/03/2011 Introduced. 02/03/2011 To Assembly Committee on Labor. NY S 2379 Larkin (R) Delivery of Fossil Fuel 7

8 Summary: Eliminates the delivery of fossil fuel from those building services for which municipalities are required to pay minimum wage. 01/19/2011 Introduced. 01/19/2011 To Senate Committee on Labor. NY S 2399 Maziarz (R) Seasonal Fair Workers Summary: Excludes certain seasonal fair workers from the definition of employee for purposes of the minimum wage act. 01/19/2011 Introduced. 01/19/2011 To Senate Committee on Labor. 02/03/2011 Amended in Senate Committee on Labor. OREGON OR D 468 House Judiciary Committee Exemption Increase Summary: Increases minimum wage exemption for purposes of garnishment and other execution. 12/22/2010 Filed. 01/09/2011 Assigned House Bill No OR H 2656 Hanna (R) s Summary: Suspends adjustment to Oregon minimum wage rate if Oregon unemployment rate exceeds national unemployment rate; applies to wage rate adjustments for calendar years beginning on or after January 1, 2012; declares emergency, effective on passage. 01/11/2011 Introduced. 01/21/2011 To House Committee on Business and Labor. OR H 2682 Roblan (D) Wage Exemption Summary: Increases minimum wage exemption for purposes of garnishment and other execution; declares emergency, effective on passage. 01/11/2011 Introduced. 01/21/2011 To House Committee on Judiciary. OR H 3030 Garrett (D) Volunteer Golf Course Marshals Summary: Exempts certain individuals providing volunteer golf course marshal services from minimum wage standards and mandatory workers' compensation coverage. 02/01/2011 Introduced. 02/07/2011 To House Committee on Business and Labor. PENNSYLVANIA PA S 235 Tartaglione (D) Provisions Summary: Amends The Act of 1968; provides for minimum wages. 01/24/2011 Introduced. 8

9 01/24/2011 To Senate Committee on Labor and Industry. SOUTH DAKOTA SD H 1148 Verchio (R) Summary: Revises the minimum wage law for certain seasonal employees. 01/25/2011 Introduced. 01/25/2011 To House Committee on State Affairs. 02/07/2011 From House Committee on State Affairs: Do pass with amendment. 02/08/2011 Committee amendment adopted on House floor. 02/09/2011 Passed House. To Senate. 02/10/2011 To Senate Committee on Commerce and Energy. VIRGINIA VA H 2111 Armstrong (D) Enterprise Zone Job Creation Grants Summary: Provides that a business firm in a locality with an unemployment rate two percent or higher than the statewide average is eligible for an enterprise zone job creation grant of $500 per year for up to five years for each grant eligible position that during such year is paid at least 150 percent of the federal minimum wage. 01/12/2011 Introduced. 01/12/2011 To House Committee on General Laws. 02/08/2011 Left in committee. WASHINGTON WA H 1531 Condotta (R) Rate Based on Changes in Consumer Prices Summary: Adjusts the minimum wage rate based on changes in consumer prices. 01/24/2011 Introduced. 01/25/2011 To House Committee on Labor and Workforce Development. 02/11/2011 Public hearing scheduled. WA H 1532 Condotta (R) and Overtime Compensation Complaints Summary: Creates a good faith defense for certain minimum wage and overtime compensation complaints. 01/24/2011 Introduced. 01/25/2011 To House Committee on Labor and Workforce Development. 02/11/2011 Public hearing scheduled. WA S 5624 Holmquist (R) Employ for Term Summary: Defines the term employ for minimum wage purposes. 02/01/2011 To Senate Committee on Labor, Commerce & Consumer Protection. 9

10 WEST VIRGINIA WV H 3110 Barker (D) Living for Public Employees Summary: Establishes a living minimum wage for public employees. 02/11/2011 Introduced. 02/11/2011 To House Committee on Government Organization. WYOMING WY H 184 Gingery (R) Provisions Repeal Summary: Relates to labor and employment; repeals provisions for a state minimum wage. 01/19/2011 Introduced. 01/21/2011 To House Committee on Labor, and Social Services. 02/04/2011 From House Committee on Labor, Health and Social Services: Do pass. 02/09/2011 Passed House. To Senate. 02/09/2011 To Senate Committee on Labor, Health and Social Services. 02/11/2011 From Senate Committee on Labor, Health and Social Services: Do pass. Source: StateNet, copyright Information for Public Affairs. February 14,