Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020        

Virginia Minimum Wage Act; exclusions.

Eliminates the exclusion in the Virginia Minimum Wage Act for persons whose employment is covered by the federal Fair Labor Standards Act of 1938 (FLSA) and for persons whose earning capacity is impaired by physical deficiency, mental illness, or intellectual disability. The measure also exempts, until July 1, 2024, from the Virginia Minimum Wage Act any person who is paid pursuant to a special certificate that provides for the employment of individuals whose earning or productive capacity is impaired by age, physical or mental deficiency, or injury at wages lower than the minimum wage otherwise required by the FLSA.

Date Version PDF TXT
01/07/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20103061D Open

            

2020 SESSION

    20103061D
    SENATE BILL NO. 719
    Offered January 8, 2020
    Prefiled January 7, 2020
    A BILL to amend and reenact � 40.1-28.9 of the Code of Virginia, relating to the minimum wage; application to persons whose employment is covered by the federal Fair Labor Standards Act and to persons with impaired earnings capacity.
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    Patron-- McClellan
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    Referred to Committee on Commerce and Labor
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    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. 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. Caddies on golf courses;

    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 parent 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 summer camp for boys, girls, or both boys and girls;

    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. Any person whose employment is covered by the Fair Labor Standards Act of 1938, as amended;

    12. Any person whose earning capacity is impaired by physical deficiency, mental illness, or intellectual disability;

    13. Students participating in a bona fide educational program;

    14. 12. 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. 13. 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. 14. 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. 15. 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. 16. Any person who works as a babysitter for fewer than 10 hours per week; or

    17. Until July 1, 2024, any person who is paid pursuant to a special certificate issued under 29 U.S.C. � 214(c) of the Fair Labor Standards Act of 1938, as amended.

    "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.

    Picture Name From Date Type
    Jennifer L. McClellan D-Richmond Sponsor
    Date Branch Action
    01/27/2020 Senate Senate: Continued to 2021 in Commerce and Labor (15-Y 0-N)
    01/07/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20103061D
    01/07/2020 Senate Senate: Referred to Committee on Commerce and Labor
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Senate 1/27/2020 12:00:00 AM 15 0 0
    Wiki




    Start Description.
    Eliminates the exclusion in the Virginia Minimum Wage Act for persons whose employment is covered by the federal Fair Labor Standards Act of 1938 (FLSA) and for persons whose earning capacity is impaired by physical deficiency, mental illness, or intellectual disability. The measure also exempts, until July 1, 2024, from the Virginia Minimum Wage Act any person who is paid pursuant to a special certificate that provides for the employment of individuals whose earning or productive
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Standards
    9 of the Code of Virginia, relating to the minimum wage; application to persons whose employment is covered by the federal Fair Labor Standards Act and to persons with impaired earnings capacity

    Labor
    9 of the Code of Virginia, relating to the minimum wage; application to persons whose employment is covered by the federal Fair Labor Standards Act and to persons with impaired earnings capacity

    Virginia
    9 of the Code of Virginia, relating to the minimum wage; application to persons whose employment is covered by the federal Fair Labor Standards Act and to persons with impaired earnings capacity


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type