SB 2495

This bill requires an employer to pay an employee wages at an hourly rate of no less than the greater of t he federal minimum wage established pursuant to the federal Fair Labor Standards Act of 1938 or t he state minimum wage rate as set in this bill . On and after January 1, 2027, such state minimum wage is set at $20 an hour. Beginning January 1, 2028, and on January 1 of each year thereafter, this bill requires the commissioner of labor and workforce development ("commissioner"") to adjust the state minimum wage by the percentage change in the consumer price index for all urban consumers (CPI-U), U.S. city average, for all items, or its successor index, as published by the United States department of labor, bureau of labor statistic s, for the twelve-month period ending on August 31 of the preceding year . However, t he commissio ner must not reduce the adjusted rate if the CPI-U, or its successor index, decreases. The commissioner must publish the adjusted state minimum wage rate for the upcoming year on the department's website by October 1 of each year. In the administration of this bill, the commissioner must cooperate with the administrator of the wage and hour division of the United States department of labor to the fullest extent possible. This bill prohibits an employer from pay ing an employee less than 1.5 times the regular wage rate for 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 applicable wage rules posted in a conspicuous and accessible place in or about the premises of the employer's place of business. VIOLATIONS – REMEDIES 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 generally requires an action to recover damages pursuant to this bill to be instituted within two years from the date the wages were due . However, if the complaint filed with the court alleges the employer willfully violated this bill, then the action to recover damages must be instituted within three years. COLLECTIVE BARGAINING This bill clarifies that its provisions do not affect the right of employees to bargain collectively through representatives of the employees' own choosing in order to establish wages in excess of the applicable minimum wages under this bill. EXEMPT EMPLOYEES This bill clarifies that employees excluded from federal minimum wage requirements pursuant to federal law are exempt from this bill to the same extent that the employees are exempt under such federal law. RULEMAKING Within existing resources of the department, this bill requires the commissioner to promulgate rules to effectuate this bill that are consistent with the federal Fair Labor Standards Act of 1938."