SB1084113th GA (Historical)Introduced

Amends TCA Section 8-23-203; Title 12 and Title 50, Chapter 2.

Under present law, an employer must pay an employee no less than the federal minimum wage under federal law, regardless of the subminimum wage authorized. This bill requires that an employer pay an employee wages at an hourly rate not less than the greater of: (1) The federal minimum wage established pursuant to the federal Fair Labor Standards Act of 1938; or (2) $15.00 an hour. Notwithstanding this requirement, an employer must not pay an employee less than one and one-half times the regular wage rate for any work done by the employee in excess of 40 hours during a work week. This bill requires an employer subject to this requirement to keep a summary of this requirement and any applicable wage rules posted in a conspicuous and accessible place in or about the premises of the employer's place of business. This bill establishes that an employer who violates the minimum wage requirements is liable to the employee affected for the amount of unpaid minimum wages. Upon a judgment being rendered in favor of an employee in an action brought in a court of competent jurisdiction to recover unpaid wages under this section, the judgment must include, in addition to the unpaid wages adjudged to be due, an amount equal to the unpaid wages as damages. In addition to a judgment awarded to the employee, the court must require the employer to pay court costs and reasonable attorneys' fees incurred by the employee in bringing the action. This bill requires that an action to recover damages must be instituted within two years from the date the wages were due, except in a case where the complaint filed with the court alleges the employer willfully violated the wage requirements, then the action to recover damages must be instituted within three years. This bill does not affect or diminish the right of an employee to bargain collectively through representatives of the employee's own choosing in order to establish wages in excess of the applicable minimum. This bill requires the commissioner of labor and workforce development, within existing resources of the department, to promulgate rules to effectuate this bill. The commissioner must cooperate with the administrator of the wage and hour division of the United States department of labor in promulgating such rules.

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Overview

Under present law, an employer must pay an employee no less than the federal minimum wage under federal law, regardless of the subminimum wage authorized. This bill requires that an employer pay an employee wages at an hourly rate not less than the greater of: (1) The federal minimum wage established pursuant to the federal Fair Labor Standards Act of 1938; or (2) $15.00 an hour. Notwithstanding this requirement, an employer must not pay an employee less than one and one-half times the regular wage rate for any work done by the employee in excess of 40 hours during a work week. This bill requires an employer subject to this requirement to keep a summary of this requirement and any applicable wage rules posted in a conspicuous and accessible place in or about the premises of the employer's place of business. This bill establishes that an employer who violates the minimum wage requirements is liable to the employee affected for the amount of unpaid minimum wages. Upon a judgment being rendered in favor of an employee in an action brought in a court of competent jurisdiction to recover unpaid wages under this section, the judgment must include, in addition to the unpaid wages adjudged to be due, an amount equal to the unpaid wages as damages. In addition to a judgment awarded to the employee, the court must require the employer to pay court costs and reasonable attorneys' fees incurred by the employee in bringing the action. This bill requires that an action to recover damages must be instituted within two years from the date the wages were due, except in a case where the complaint filed with the court alleges the employer willfully violated the wage requirements, then the action to recover damages must be instituted within three years. This bill does not affect or diminish the right of an employee to bargain collectively through representatives of the employee's own choosing in order to establish wages in excess of the applicable minimum. This bill requires the commissioner of labor and workforce development, within existing resources of the department, to promulgate rules to effectuate this bill. The commissioner must cooperate with the administrator of the wage and hour division of the United States department of labor in promulgating such rules.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2023

Subjects
420026501585

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