Amends TCA Title 4; Title 12, Chapter 4 and Title 50.

This bill requires the department of labor and workforce development to establish by rule a living wage for the state in an amount commensurate with the cost of living. This bill further requires the department to annually examine the living wage and increase it to an amount commensurate with the cost of living, if the living wage in effect is not commensurate with the cost of living. The department will utilize the consumer price index annual percentage in making this determination. This bill requires employers to pay each employee in this state wages at an hourly rate not less than the living wage established pursuant to this bill. This bill provides that an employer will not pay an employee in this state less than 1.5 times the regular wage rate for work done by the employee in excess of 40 hours during a work week. An employer who violates the living wage requirements will be liable to the employee affected for the amount of unpaid wages. Upon a judgment being rendered in favor of an employee to recover unpaid wages, the judgment must include, in addition to the unpaid wages, an amount equal to those wages as damages. In addition to a judgment awarded to the employee, the court will require the employer to pay court costs and reasonable attorney's fees incurred by the employee. A cause of action to recover damages pursuant to this bill must be instituted within two years from the date the wages were due, except in a case where the court finds the employer willfully violated this bill, then the cause of action to recover damages must be instituted within three years. Employees excluded pursuant to federal law in regard to paying minimum wage will be exempt from this bill to the same extent those employees are exempt under that federal law. For purposes of promulgating rules, this bill will take effect upon becoming a law. For all other purposes, this bill will take effect January 1, 2023.