Bill Text: GA HB1308 | 2009-2010 | Regular Session | Introduced

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Bill Title: Minimum wage; increase to match cost of living; reform provisions

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2010-03-10 - House Second Readers [HB1308 Detail]

Download: Georgia-2009-HB1308-Introduced.html

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10 LC 21 0734

House Bill 1308

By: Representatives Brooks of the 63rd, Abdul-Salaam of the 74th, Morgan of the 39th, Williams of the 165th, Mangham of the 94th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage, so as to provide for a substantive and comprehensive reform of provisions regarding the minimum wage law; to provide for legislative findings; to provide for an increase in the minimum wage; to provide for annual minimum wage increases to match the rising cost of living; to provide a credit toward the minimum wage for employers of tipped workers; to eliminate various eligibility exemptions from the minimum wage; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage, is amended by revising Code Section 34-4-3, relating to amount of minimum wage to be paid by employers, as follows:

"34-4-3.

(a) The General Assembly finds that all Georgians who are working full time should earn enough money to take care of their families. The General Assembly further finds that today, too many of Georgia's working families are struggling to make ends meet. The real value of the minimum wage has fallen to a 50-year low, and too many workers are excluded from the protection of the minimum wage altogether. The General Assembly finds that it is important to establish a minimum wage that broadly covers working families in Georgia and that keeps pace with inflation even when the federal minimum wage does not.

(b) Except as otherwise provided in this Code section, every employer, whether a person, firm, or corporation, shall pay to all covered employees a minimum wage which shall be not less than $5.15 $6.20 per hour for each hour worked in the employment of such employer. As of the effective date of this Code section, the minimum wage shall be not less than $15.00 per hour for each hour worked in the employment of such employer. On January 1, 2010, and on January 1 of each successive year thereafter, the minimum wage shall be increased by the increase in the cost of living, if any. On September 30, 2009, and on September 20 of each successive year thereafter, the Georgia Department of Labor shall measure the increase in the cost of living as being the percentage increase as of the preceding July over the July level of the immediately preceding year according to the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) or such successor index as published by the United States Department of Labor or its successor agency. Each adjusted minimum wage rate calculated shall be published and take effect on the following January 1.

(c) Employers of employees who meet the eligibility requirements for the tip credit under the federal Fair Labor Standards Act, 29 U.S.C. Section 203(t), may credit tips towards the satisfaction of up to 50 percent of the minimum wage provided by this Code section.

(b)(d) This chapter shall not apply with respect to:

(1) Any employer that has sales of $40,000.00 $50,000.00 per year or less;

(2) Any employer having five employees or less;

(3) Any employer of domestic employees;

(4) Any employer who is a farm owner, sharecropper, or land renter;

(5) Any employee whose compensation consists wholly or partially of gratuities;

(6)(3) Any employee who is a high school or college student;

(7)(4) Any individual who is employed as a newspaper carrier; or

(8)(5) Any individual who is employed by a nonprofit child-caring institution or long-term care facility serving children or mentally disabled adults who are enrolled in such institution and reside in residential facilities of the institution, if such employee resides in such facilities, receives without cost board and lodging from such institution, and is compensated on a cash basis at an annual rate of not less than $10,000.00 $15,000.00.

(c) This chapter shall not apply to any employer who is subject to the minimum wage provisions of any act of Congress as to employees covered thereby if such act of Congress provides for a minimum wage which is greater than the minimum wage which is provided for in this Code section."

SECTION 2.

This Act shall become effective 60 days after its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.