Text: HF00123 Text: HF00125 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 91D.1, Code 2001, is amended by
1 2 striking the section and inserting in lieu thereof the
1 3 following:
1 4 91D.1 MINIMUM WAGE REQUIREMENTS – EXCEPTIONS.
1 5 1. Every employer, as defined in the federal Fair Labor
1 6 Standards Act, shall pay to each of the employer's employees,
1 7 as defined in the federal Fair Labor Standards Act, the
1 8 following:
1 9 a. For the fiscal year beginning July 1, 2001, and ending
1 10 June 30, 2002, wages of not less than the current hourly wage
1 11 stated in the federal minimum wage law, pursuant to 29 U.S.C.
1 12 } 206.
1 13 b. For the fiscal year beginning July 1, 2002, and ending
1 14 June 30, 2003, wages of not less than fifty cents more per
1 15 hour than the current federal minimum wage, pursuant to 29
1 16 U.S.C. } 206.
1 17 c. For the fiscal year beginning July 1, 2003, and each
1 18 succeeding fiscal year, wages of not less than fifty cents
1 19 more per hour than the current federal minimum wage, pursuant
1 20 to 29 U.S.C. } 206, indexed to the midwest region consumer
1 21 price index as determined by the United States department of
1 22 labor, bureau of labor statistics.
1 23 2. For purposes of determining whether an employee of a
1 24 restaurant, hotel, motel, inn, or cabin, who customarily and
1 25 regularly receives more than thirty dollars a month in tips is
1 26 receiving the minimum hourly wage rate prescribed by this
1 27 section, the amount paid the employee by the employer shall be
1 28 deemed to be increased on account of the tips by an amount
1 29 determined by the employer, not to exceed forty percent of the
1 30 applicable minimum wage provided in subsection 1. An employee
1 31 may file a written appeal with the labor commissioner if the
1 32 amount of tips received by the employee is less than the
1 33 amount determined by the employer under this subsection.
1 34 3. The exemptions from the minimum wage requirements
1 35 stated in 29 U.S.C. } 213 shall apply, except that the
2 1 exemption in 29 U.S.C. } 213(a)(2) shall only apply to an
2 2 enterprise which is comprised of one or more retail or service
2 3 establishments whose annual gross volume of sales made or
2 4 business done is less than sixty percent of the amount stated
2 5 in 29 U.S.C. } 203(s)(2), exclusive of excise taxes at the
2 6 retail level that are separately stated.
2 7 4. The labor commissioner shall adopt rules to implement
2 8 and administer this section.
2 9 5. This section shall be enforced pursuant to chapter 91A.
2 10 EXPLANATION
2 11 This bill requires every employer, as defined in the
2 12 federal Fair Labor Standards Act, to pay to each of the
2 13 employer's employees, as defined in the federal Fair Labor
2 14 Standards Act, for fiscal year 2001-2002, wages of not less
2 15 than the current hourly wage stated in the federal minimum
2 16 wage law; for fiscal year 2002-2003, wages of not less than 50
2 17 cents more per hour than the current federal minimum wage; and
2 18 for fiscal year 2003-2004, and each succeeding fiscal year,
2 19 wages of not less than 50 cents more per hour than the current
2 20 federal minimum wage, indexed to the midwest region consumer
2 21 price index.
2 22 Current law requires every employer, as defined in the
2 23 federal Fair Labor Standards Act, to pay to each of the
2 24 employer's employees, as defined in the federal Fair Labor
2 25 Standards Act, wages of not less than the current federal
2 26 minimum wage. The bill strikes a provision that requires an
2 27 employer to pay an hourly wage of $4.25 to an employee who has
2 28 worked for the employer less than 90 days.
2 29 LSB 1634YH 79
2 30 kh/pj/5
Text: HF00123 Text: HF00125 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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