Louisiana 2020 Regular Session

Louisiana House Bill HB94 Latest Draft

Bill / Introduced Version

                            HLS 20RS-200	ORIGINAL
2020 Regular Session
HOUSE BILL NO. 94
BY REPRESENTATIVE GREEN
EMPLOYMENT/WAGES-MINIMUM:  Establishes a state minimum wage rate
1	AN ACT
2To enact Chapter 6-B of Title 23 of the Louisiana Revised Statutes of 1950, to be comprised
3 of R.S. 23:671 through 674, relative to minimum wage; to establish a state minimum
4 wage; to provide for enforcement; to provide for exceptions; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  Chapter 6-B of Title 23 of the Louisiana Revised Statutes of 1950,
8comprised of R.S. 23:671 through 674, is hereby enacted to read as follows:
9	CHAPTER 6-B. MINIMUM WAGE
10 §671.  Minimum wage; establishment
11	A. Notwithstanding any other provision of law to the contrary, the state
12 minimum wage is established and beginning January 1, 2021, shall be set at nine
13 dollars per hour.  Every employer in the state shall pay to each employee wages at
14 a rate of not less than nine dollars per hour for hours worked in a pay period
15 regardless of how the time at work is measured.
16	B.  If at any time the federal minimum hourly wage rate set by Section 6 of
17 the federal Fair Labor Standards Act of 1938, or a successor federal law, is raised to
18 a rate higher than the state minimum wage rate, then the state minimum wage rate
19 shall be increased to the rate of the federal minimum wage rate.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-200	ORIGINAL
HB NO. 94
1 §672.  Enforcement
2	The Louisiana Workforce Commission shall enforce this Chapter and is
3 authorized and directed to promulgate rules and regulations in accordance with the
4 Administrative Procedure Act, R.S. 49:950 et seq., necessary for the implementation
5 of the provisions of this Chapter.
6 §673. Penalties
7	A.  Whoever violates the provisions of this Chapter shall be fined not less
8 than five hundred dollars and not more than one thousand dollars per employee not
9 receiving minimum wage.  Additionally, the employer shall pay the employee the
10 difference between the wages actually paid to the employee and the minimum wage
11 rate in effect at the time the employee was paid.
12	B.  Penalties may be imposed by a ruling of the executive director pursuant
13 to an adjudicatory hearing held in accordance with the Administrative Procedure Act,
14 R.S. 49:950 et seq.
15 §674. Exceptions
16	The provisions of this Chapter shall not apply to student employees of the
17 state or student employees of state colleges and universities.
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)]
HB 94 Original 2020 Regular Session	Green
Abstract: Establishes a state minimum wage rate.
Proposed law establishes a state minimum wage and sets it at $9 per hour beginning Jan. 1,
2021.
Proposed law requires that if the federal minimum wage is raised, the state minimum wage
shall also be raised.
Proposed law provides a fine of not less than $500 and not more than $1,000 per employee
for failure to pay minimum wage.
Proposed law further requires that an employer who fails to pay his employee minimum
wage shall pay the employee the difference between what the employee was paid and
minimum wage rate.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-200	ORIGINAL
HB NO. 94
Proposed law provides that the La. Workforce Commission shall be in charge of
enforcement of the minimum wage laws and authorizes the agency to promulgate rules and
regulations necessary in its implementation.
Proposed law provides the procedure for the executive director of the La. Workforce
Commission to impose penalties.
Proposed law excludes student workers employed with the state and with state colleges and
universities from the minimum wage requirement.
(Adds R.S. 23:671-674)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.