Bill Text: VA HB2631 | 2019 | Regular Session | Introduced
Bill Title: Minimum wage; local alternative.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-02-05 - Left in Commerce and Labor [HB2631 Detail]
Download: Virginia-2019-HB2631-Introduced.html
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:
A. "Employer"
includes any individual, partnership, association, corporation, business trust,
or any person or groups of persons acting directly or indirectly in the
interest of an employer in relation to an employee.
B. "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. 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
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. 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;
11. [Repealed.]
12. Any person whose
employment is covered by the Fair Labor Standards Act of 1938 as amended;
13. Any
person whose earning capacity is impaired by physical deficiency, mental
illness, or intellectual disability;
14. 12. Students
participating in a bona fide educational program;
15. 13. Any
person employed by an employer who does not have four or more persons employed
at any one time;, provided that husbands,
wives, sons, daughters and parents of the employer shall not be counted in
determining the number of persons employed;
16. 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 the person is not employed more than 20 hours per week;
16A. 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.
"Employer" includes (i) any individual, partnership, association, corporation, or business trust; or (ii) any person or groups of persons acting directly or indirectly in the interest of any of them, in relation to an employee
"Local alternative minimum wage requirement" means a requirement that every employer pay to each of its employees wages at a rate to be determined by local ordinance for work performed by the employees within the locality, from the July 1 that follows the effective date of an ordinance adopted by the governing body of the locality in accordance with subsection B of §40.1-28.10 until the next July 1.
C. "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, that wages may include 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.
D. 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.
§40.1-28.10. Minimum wages.
A. Every
employer shall pay to each of his its employees wages at a rate
not less than the federal minimum wage and a training wage
as prescribed by the U.S. Fair Labor Standards Act (29 U.S.C. §201 et seq.); however, in any locality in which a local alternative
minimum wage requirement is in effect, every employer shall pay to each of its
employees, for work performed by them within the locality, wages at a rate not
less than the greater of (i) the federal minimum wage as prescribed by the U.S.
Fair Labor Standards Act or (ii) the amount specified in the local alternative
minimum wage requirement.
B. Any locality may by ordinance, after a public hearing, impose a local alternative minimum wage requirement, as defined in §40.1-28.9.
