General Assembly>Division of Legislative Services>Publications>Session Summaries>2006>Labor and Employment


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Labor and Employment

Failed

F HB539

Minimum wage. Increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.15 per hour effective July 1, 2006; to $7.15 per hour effective July 1, 2007; and to $8.15 per hour effective July 1, 2008. For subsequent years, the minimum wage will be adjusted annually on July 1 to reflect changes in the Consumer Price Index for the preceding calendar year, as determined by the Commissioner of Labor and Industry.
Patron - Callahan

F HB1363

Minimum wage. Increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.15 per hour effective January 1, 2007, to $7.15 per hour effective January 1, 2008, and to $8.15 per hour effective January 1, 2009, unless a higher minimum wage is required by the federal Fair Labor Standards Act.
Patron - Toscano

F SB480

Minimum wage. Increases the minimum wage from its current federally mandated level of $5.15 per hour to $6.15 per hour effective July 1, 2006; to $7.15 per hour effective July 1, 2007; and to $8.15 per hour effective July 1, 2008. For subsequent years, the minimum wage will be adjusted annually on July 1 to reflect changes in the Consumer Price Index for the preceding calendar year, as determined by the Commissioner of Labor and Industry.
Patron - Colgan

Carried Over

C HB566

Payment of wages and salaries; wage payments. Authorizes employers to pay wages and salaries by credit to a prepaid debit card or card account, without the employee's affirmative consent, if the employee fails to designate a financial institution to which payment could be made by electronic automated fund transfer. An employer making payment by prepaid debit card or card account shall use a financial institution with locations reasonably available to its employees and shall arrange to allow an employee at least one free withdrawal per pay period. Currently, payment via prepaid debit card or card account requires the affirmative consent of the employee, though such consent is not required if the employee has not designated a financial institution to which payment by electronic automated fund transfer could be made and the employee is employed at an amusement park.
Patron - Nixon

C HB943

Child labor; hour limits. Limits the number of hours a child age 16 or 17 who has not graduated from high school or equivalent can work to 45 hours per week and 9 hours per day. Currently, there is no limit on the number of hours such children are allowed to work. The measure also codifies the rules limit on hours of work applicable to children age 14 and 15, which are 40 hours per week and 8 hours per day.
Patron - Morgan

C HB1048

Document verification for employment of illegal immigrants; penalty. Requires employers to obtain employment eligibility verification documentation as specified in Form I-9 indicating that a prospective employee is legally eligible for employment in the United States. Employers are required to retain such Form I-9 documentation of eligibility for employment on each of their employees for the same period they are required to keep such records under federal law. Violations involving the knowing employment of persons not legally eligible for employment in the United States, in addition to being Class 1 misdemeanors, are punishable by a fine of $10,000. The Department of Labor and Industry is required to provide access to a computer database to assist employers in determining whether prospective employees are legally eligible for employment. An employer that hires persons not legally eligible for employment in the United States will be ineligible to participate in foreign labor certification programs for a period of three years following conviction.
Patron - Reid

C HB1051

Employment service centers; penalty. Prohibits public funding of employment services unless the provider of the services verifies that the persons receiving services are legally eligible for employment in the United States. The service providers are required to maintain a database that identifies each applicant for employment services and contains confirmation of the applicant's legal eligibility for employment in the United States. The measure is subject to enforcement by the Commissioner of Labor and Industry.
Patron - Reid

C HB1569

Contracting for the provision of foreign employment services. Prohibits any corporation, limited liability company, business trust, or partnership from contracting for the provision of foreign employment services unless the services provider delivers to the client company documentation verifying that the services provider has filed all reports and paid all federal and state taxes and maintained workers' compensation insurance required of an employer in the Commonwealth with respect to all of the services provider's employees who are aliens with an H-1B or L-1 temporary worker visa and who work at a facility owned or operated by the client company, or pursuant to an arrangement that provides that the individuals are subject to the direction and control of the client company. The client company is required to maintain records documenting that the employment services provider provided the client company with the required documentation. A violation is a Class 1 misdemeanor. Violations are also subject to a civil penalty of not more than $10,000.
Patron - Reid

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