Amends TCA Title 4; Title 12 and Title 50.

HOURLY PAY FOR FOOD DELIVERY EMPLOYEES<br /> <br /> This bill prohibits the minimum wage for a food delivery employee who engages in trip time in this state from being less than $12 an hour and requires such minimum wage to increase with the cost of living each year. As used in this bill, "trip time" means the span of time between the moment a food delivery employee accepts an offer from a third-party food delivery service, third-party courier service, or an employer, to perform a trip with a pickup or drop-off location in this state, or receives an assignment to perform such a trip, through the moment such trip is completed or canceled.<br /> <br /> This bill requires an employer to pay food delivery employees' wages at an hourly rate that (i) is not less than the federal minimum wage or (ii) is not less than the minimum wage described in the provisions above, whichever is greater.<br /> <br /> EMPLOYER VIOLATION<br /> <br /> This bill provides that employers who violate the minimum wage requirements of this bill are liable to the food delivery employee affected for the amount of unpaid minimum wages. If a judgment is rendered in favor of a food delivery employee in an action to recover unpaid wages, then the judgment must include, in addition to the unpaid wages adjudged to be due, an amount equal to those wages as damages. In addition to a judgment awarded to the food delivery employee, the court must require the employer to pay court costs and reasonable attorney's fees incurred by the food delivery employee.<br /> <br /> This bill requires an action to recover damages pursuant to this bill to 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. In such a case, the action to recover damages must be instituted within three years.<br /> <br /> FOOD DELIVERY EMPLOYEE'S BARGAINING RIGHTS<br /> <br /> This bill does not affect or diminish the right of food delivery employees to bargain collectively through representatives of the food delivery employees' own choosing in order to establish wages in excess of the applicable minimum wages under this bill.<br /> <br /> ADMINISTRATION OF THIS BILL<br /> <br /> This bill requires the commissioner of labor and workforce development ("commissioner") to cooperate to the fullest extent with the administrator of the wage and hour division of the U.S. department of labor to enforce this bill. <br /> <br /> RULEMAKING<br /> <br /> This bill requires the commissioner to promulgate rules to effectuate this bill. <br />