07 LC 28
3183
Senate
Bill 13
By:
Senators Brown of the 26th, Davenport of the 44th and Ramsey of the 43rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 34 of the Official Code of Georgia Annotated, relating to labor and
industrial relations, so as to provide for a substantive and comprehensive
reform of provisions regarding the minimum wage law; to provide for legislative
findings; to provide for an increase in the minimum wage; to provide for annual
minimum wage increases to match the rising cost of living; to provide a credit
toward the minimum wage for employers of tipped workers; to eliminate various
eligibility exemptions from the minimum wage; to provide for related matters; to
provide for severability; to provide an effective date and applicability; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
General Assembly finds that all Georgians who are working full time should earn
enough money to take care of their families. The General Assembly further finds
that today, too many of Georgia´s working families are struggling to make
ends meet. The real value of the minimum wage has fallen to a 50-year low, and
too many workers are excluded from the protection of the minimum wage
altogether. The General Assembly finds that it is important to establish a
minimum wage that broadly covers working families in Georgia and that keeps pace
with inflation even when the federal minimum wage does not.
SECTION
2.
Title
34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations, is amended by revising Code Section 34-4-3, relating to amount of
minimum wage to be paid by employers, as follows:
"34-4-3.
(a)
Except as otherwise provided in this Code section, every employer, whether a
person, firm, or corporation, shall pay to all covered employees a minimum wage
which shall be not less than
$5.15
$6.20
per hour for each hour worked in the employment of such employer.
As of January
1, 2008, the minimum wage shall be not less than $7.25 per hour for each hour
worked in the employment of such employer. On January 1, 2009, and on January 1
of each successive year thereafter, the minimum wage shall be increased by the
increase in the cost of living, if any. On September 30, 2008, and on September
20 of each successive year thereafter, the Georgia Department of Labor shall
measure the increase in the cost of living as being the percentage increase as
of the preceding July over the July level of the immediately preceding year
according to the Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPI-W) or such successor index as published by the United States
Department of Labor or its successor agency. Each adjusted minimum wage rate
calculated shall be published and take effect on the following January
1.
(b)
Employers of employees who meet the eligibility requirements for the tip credit
under the federal Fair Labor Standards Act, 29 U.S.C. Section 203(t), may credit
tips towards the satisfaction of up to 50 percent of the minimum wage provided
by this Code section.
(b)
(c)
This chapter shall not apply with respect to:
(1)
Any employer that has sales of $40,000.00 per year or less;
(2)
Any employer having five employees or less;
(3)
Any employer of domestic employees;
(4)
Any employer who is a farm owner, sharecropper, or land renter;
(5)
Any employee whose compensation consists wholly or partially of
gratuities;
(6)(3)
Any employee who is a high school or college student;
(7)(4)
Any individual who is employed as a newspaper carrier; or
(8)(5)
Any individual who is employed by a nonprofit child-caring institution or
long-term care facility serving children or mentally disabled adults who are
enrolled in such institution and reside in residential facilities of the
institution, if such employee resides in such facilities, receives without cost
board and lodging from such institution, and is compensated on a cash basis at
an annual rate of not less than $10,000.00.
(c)
This chapter shall not apply to any employer who is subject to the minimum wage
provisions of any act of Congress as to employees covered thereby if such act of
Congress provides for a minimum wage which is greater than the minimum wage
which is provided for in this Code
section."
SECTION
3.
In
the event any section, subsection, sentence, clause, or phrase of this Act is
declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of this Act, which shall
remain of full force and effect as if such portion so declared or adjudged
invalid or unconstitutional were not originally a part of this Act. The General
Assembly declares that it would have enacted the remaining parts of this Act if
it had known that such portion hereof would be declared or adjudged invalid or
unconstitutional.
SECTION
4.
This
Act shall become effective 60 days after its approval by the Governor or upon
its becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.