HB 1399

MINIMUM WAGE This bill requires a n employer to pay an employee wages at an hourly rate not less than the greater of (i) t he federal minimum wage established pursuant to the federal Fair Labor Standards Act of 1938, as amended , or (ii) $20 an hour. However, an employer must not pay an employee less th an one and 1.5 times the regular wage rate for any work done by the employee in excess of 40 hours during a work week. An employer subject to this bill must keep a summary of this bill and any applicable wage rules posted in a conspicuous and accessible p lace in or about the premises of the employer's place of business. VIOLATIONS – ENFORCEMENT This bill provides that an employer who violates the minimum wage requirements of this bill is liable to the employee affected for the amount of unpaid minimum wages. Upon a judgment being rendered in favor of an employee in an action brought in a court of competent jurisdiction to recover unpaid wages under this bill , the judgment must include, in addition to the unpaid wages adjudged to be due, an amount equal to the unpaid wages as damages. In addition to a judgment awarded to the employee, the court must require the employer to pay court costs and reasonable attorneys' fees incurred by the employee. This bill requires an action to recover damages pursuant to this bill to be instituted within two years from the date the wages were due, except in a case where the complaint filed with the court alleges the employer willfully violated this bill. In such a case, the action to recover damages must be instituted within three years. In the administration of this bill , this bill requires the commissioner of labor and workforce development to cooperate, to the fullest extent, with the administrator of the wage and hour division of the United States department of la bor. APPLICABILITY This bill clarifies that (i) it does not affect or in any way diminish the right of employees to bargain collectively through representatives of the employees' own choosing in order to establish wages in excess of the applicable minim um wages under this bill and (ii) e mployees excluded pursuant to federal law relative to minimum wage and maximum hour requirements are exempt from this bill to the same extent such employees are exempt under such federal law. RULEMAKING Within existing resources of the department, this bill requires the commissioner of labor and workforce development to promulgate rules to effectuate this bill that are consistent with the federal Fair Labor Standards Act of 1938.