Vermont 2025-2026 Regular Session

Vermont House Bill H0347 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.347
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5	5	VT LEG #379441 v.1
6	6	H.347 1
7	7	Introduced by Representatives Logan of Burlington, Cina of Burlington, Cole 2
8	8	of Hartford, Cordes of Bristol, Headrick of Burlington, Hooper 3
9	9	of Burlington, McCann of Montpelier, McGill of Bridport, 4
10	10	Priestley of Bradford, and Tomlinson of Winooski 5
11	11	Referred to Committee on 6
12	12	Date: 7
13	13	Subject: Labor; employment practices; minimum wage and overtime 8
14	14	Statement of purpose of bill as introduced: This bill proposes to increase the 9
15	15	minimum wage to $20.00 per hour, to repeal the exemption of agricultural 10
16	16	workers from the applicability of the minimum wage laws, and to phase in 11
17	17	overtime pay for agricultural workers. This bill also proposes to eliminate the 12
18	18	tipped minimum wage. This bill also proposes to set a minimum salary that an 13
19	19	employee must earn to qualify as an executive, administrative, or professional 14
20	20	employee for purposes of being exempt from the minimum wage and overtime 15
21	21	laws. This bill also proposes to remove the authority of the Commissioner of 16
22	22	Labor to recommend a subminimum wage for individuals with disabilities. 17
23	23	This bill also proposes to remove the prospective repeal, effective July 1, 2026, 18
24	24	of the Attorney General’s authority to investigate and enforce complaints of 19
25	25	employee misclassification. 20 BILL AS INTRODUCED H.347
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30	30	An act relating to expanding coverage of the minimum wage and overtime 1
31	31	laws and maintaining the authority of the Attorney General to enforce 2
32	32	complaints of employee misclassification 3
33	33	It is hereby enacted by the General Assembly of the State of Vermont: 4
34	34	Sec. 1. 21 V.S.A. § 383 is amended to read: 5
35	35	§ 383. DEFINITIONS 6
36	36	As used in this subchapter: 7
37	37	(1) “Commissioner” means the Commissioner of Labor or designee. 8
38	38	(2) “Employee” means any individual employed or permitted to work by 9
39	39	an employer except: 10
40	40	(A) any individual employed in agriculture, provided the individual is 11
41	41	the agricultural employer’s parent, spouse, or child; 12
42	42	(B) any individual employed in domestic service in or about a private 13
43	43	home; [Repealed.] 14
44	44	(C) any individual employed by the United States; 15
45	45	(D) any individual employed in the activities of a public supported 16
46	46	nonprofit organization, except laundry employees, nurses’ aides, or practical 17
47	47	nurses; 18
48	48	(E) any individual employed in a bona fide executive, administrative, 19
49	49	or professional capacity; 20
50	50	(F) any individual making home deliveries of newspapers or 21
51	51	advertising; 22 BILL AS INTRODUCED H.347
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56	56	(G) taxi-cab drivers; 1
57	57	(H) outside salespersons; and 2
58	58	(I) students working during all or any part of the school year or 3
59	59	regular vacation periods. 4
60	60	(3) “Employer” means any person that employs two or more employees. 5
61	61	(4) “Occupation” means an industry, trade, or business or branch thereof 6
62	62	or class of work in which workers are gainfully employed. 7
63	63	(5) An “individual employed in a bona fide executive, administrative, or 8
64	64	professional capacity” means an individual who is paid a salary at least equal 9
65	65	to $1,128,00.00 per week as of January 1, 2026. On each subsequent January 10
66	66	1, the salary threshold shall be increased by five percent or the percentage 11
67	67	increase of the Consumer Price Index, CPI-U, U.S. city average, not seasonally 12
68	68	adjusted, or successor index, as calculated by the U.S. Department of Labor or 13
69	69	successor agency for the 12 months preceding the previous September 1, 14
70	70	whichever is smaller, but in no event shall the salary threshold be decreased. 15
71	71	Sec. 2. 21 V.S.A. § 384 is amended to read: 16
72	72	§ 384. EMPLOYMENT; WAGES 17
73	73	(a)(1) Beginning on January 1, 2022 2026, an employer shall not employ 18
74	74	any employee at a rate of less than $12.55 $20.00 per hour, and on each 19
75	75	subsequent January 1, the minimum wage rate shall be increased by five 20
76	76	percent or the percentage increase of the Consumer Price Index, CPI-U, U.S. 21 BILL AS INTRODUCED H.347
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81	81	city average, not seasonally adjusted, or successor index, as calculated by the 1
82	82	U.S. Department of Labor or successor agency for the 12 months preceding the 2
83	83	previous September 1, whichever is smaller, but in no event shall the minimum 3
84	84	wage be decreased. The minimum wage shall be rounded off to the nearest 4
85	85	$0.01. 5
86	86	(2) An employer in the hotel, motel, tourist place, and restaurant 6
87	87	industry shall not employ a service or tipped employee at a basic wage rate less 7
88	88	than one-half the minimum wage. Beginning on January 1, 2026, an employer 8
89	89	shall not employ a service or tipped employee at a basic wage of less than the 9
90	90	minimum wage established pursuant to subdivision (1) of this subsection. As 10
91	91	used in this subdivision, “a service or tipped employee” means an employee of 11
92	92	a hotel, motel, tourist place, or restaurant who customarily and regularly 12
93	93	receives more than $120.00 per month in tips for direct and personal customer 13
94	94	service. 14
95	95	(3) If the minimum wage rate established by the U.S. government is 15
96	96	greater than the rate established pursuant to subdivision (1) of this subsection 16
97	97	for any year, the minimum wage rate for that year shall be the rate established 17
98	98	by the U.S. government. 18
99	99	(b) Notwithstanding subsection (a) of this section, an employer shall not 19
100	100	pay an employee less than one and one-half times the regular wage rate for any 20 BILL AS INTRODUCED H.347
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105	105	work done by the employee in excess of 40 hours during a workweek. 1
106	106	However, this subsection shall not apply to: 2
107	107	* * * 3
108	108	(9)(A) Any individual employed in agriculture, provided the employee 4
109	109	receives not less than one and one-half times the regular wage rate for any 5
110	110	work done by the employee: 6
111	111	(i) in excess of 60 hours per week, effective January 1, 2026; 7
112	112	(ii) in excess of 56 hours per week, effective January 1, 2028; 8
113	113	(iii) in excess of 52 hours per week, effective January 1, 2030; 9
114	114	(iv) in excess of 48 hours per week, effective January 1, 2032; 10
115	115	(v) in excess of 44 hours per week, effective January 1, 2034; and 11
116	116	(vi) in excess of 40 hours per week, effective January 1, 2036. 12
117	117	(B) This subdivision (9) shall not apply if the individual is the 13
118	118	agricultural employer’s parent, spouse, or child. 14
119	119	* * * 15
120	120	Sec. 3. 21 V.S.A. § 385 is amended to read: 16
121	121	§ 385. ADMINISTRATION 17
122	122	The Commissioner and the Commissioner’s authorized representatives have 18
123	123	full power and authority for all the following: 19
124	124	* * * 20 BILL AS INTRODUCED H.347
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129	129	(5) To recommend a suitable scale of rates for learners, and apprentices, 1
130	130	and persons with disabilities, which may be less than the regular minimum 2
131	131	wage rate for experienced workers without disabilities. 3
132	132	Sec. 4. 2019 Acts and Resolves No. 85, Sec. 11 is amended to read: 4
133	133	Sec. 11. REPEALS 5
134	134	(a) 3 V.S.A. § 222d is repealed. 6
135	135	(b) 21 V.S.A. §§ 346, 387, 712, and 1379 are repealed. 7
136	136	Sec. 5. EFFECTIVE DATE 8
137	137	This act shall take effect on passage. 9