HLS 14RS-482 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 676 BY REPRESENTATIVE HUNTER EMPLOYMENT/WAGES-MI NIMUM: Provides a local minimum wage for the city of Monroe AN ACT1 To enact R.S. 23:643 and 644, relative to minimum wage; to establish a minimum wage in2 the city of Monroe; to provide for an increase after one year; to provide for tipped3 employees; to provide for penalties; and to provide for related matters.4 Notice of intention to introduce this Act has been published5 as provided by Article III, Section 13 of the Constitution of6 Louisiana.7 Be it enacted by the Legislature of Louisiana:8 Section 1. R.S. 23:643 and 644 are hereby enacted to read as follows:9 §643. Minimum wage; city of Monroe; establishment10 A. Notwithstanding any other provision of law to the contrary, the minimum11 wage in the city of Monroe is established and set as follows:12 (1) Beginning January 1, 2015, the minimum wage shall be set at seven13 dollars and twenty-five cents per hour. Every employer in the city of Monroe shall14 pay to each employee wages at a rate of not less than seven dollars and twenty-five15 cents per hour for hours worked in a pay period regardless of how the time at work16 is measured.17 (2) Beginning January 1, 2016, the minimum wage shall be set at eight18 dollars and twenty-five cents per hour. Every employer in the city of Monroe shall19 pay to each employee wages at a rate of not less than eight dollars and twenty-five20 HLS 14RS-482 ORIGINAL HB NO. 676 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. cents per hour for hours worked in a pay period regardless of how the time at work1 is measured.2 B. If a tipped employee's tips combined with the employer's direct wages of3 at least two dollars and thirteen cents an hour do not equal the minimum wage4 established in Subsection A, the employer shall pay the difference.5 C. If, at any time, the federal minimum hourly wage rate set by Section 6 of6 the federal Fair Labor Standards Act of 1938, or a successor federal law, is raised to7 a level higher than the state minimum wage rate, then the local minimum wage rate8 shall be increased to the level of the federal minimum wage rate. 9 §644. Liability of employer for failure to pay minimum wage in Monroe; penalties;10 attorney fees11 A. An employee may bring suit in a court of competent jurisdiction against12 his employer for a violation of R.S. 23:643.13 B. Any employer who fails or refuses to comply with the provisions of R.S.14 23:643 shall be liable to the employee for ninety days wages at the employee's daily15 rate of pay as well as the difference between what the employee was paid and the16 local minimum wage. Reasonable attorney fees shall be awarded to the employee17 by the court which shall be taxed as costs to be paid by the employer, in the event a18 well-founded suit for any unpaid wages filed by the employee.19 Section 2. This Act shall take effect and become operative if and when the proposed20 amendment of Article 3 of the Constitution of Louisiana contained in the Act which21 originated as House Bill No. ___ of this 2014 Regular Session of the Legislature is adopted22 at a statewide election and becomes effective.23 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Hunter HB No. 676 Abstract: Establishes a local minimum wage in the city of Monroe. HLS 14RS-482 ORIGINAL HB NO. 676 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law establishes a local minimum wage for the city of Monroe and sets it at $7.25 per hour beginning January 1, 2015. Proposed law provides that the local minimum wage for the city of Monroe shall be $8.25 per hour beginning January 1, 2016. Proposed law requires that the employers of tipped employees make up the difference between the $2.13 per hour paid to the employee plus tips and the local minimum wage. Proposed law requires that if the federal minimum wage is raised, the local minimum wage shall also be raised. Proposed law provides a cause of action against an employer who fails to pay an employee local minimum wage. Proposed law provides for a penalty of 90 days wages and the difference between what the employee was paid and the local minimum wage rate, as well as attorney fees, if the employee wins the suit. Effective if and when the proposed amendment of Article 3 of the Constitution of La. contained in the Act which originated as House Bill No.__ of this 2014 R.S. of the Legislature is adopted at a statewide election and becomes effective. (Adds R.S. 23:643 and 644)