SB2126113th GA (Historical)Introduced

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

This bill generally requires an employer to pay an employee wages at an hourly rate not less than the greater of the federal minimum wage or $15 an hour. However, an employer must not pay an employee less than 1.5 times the regular wage rate for any work done by the employee in excess of 40 hours during a work week. An employer subject to this bill must keep a summary of this bill and any applicable wage rules posted in a conspicuous and accessible place in or about the premises of the employer's place of business. However, this bill clarifies that it 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 wages under this bill. In the administration of this bill, the commissioner of labor and workforce development ("commissioner") must cooperate, to the fullest extent with this bill, with the administrator of the wage and hour division of the U.S. department of labor. VIOLATIONS This bill provides that an employer who violates the minimum wage requirements of this bill 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 bill, 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 attorney fees incurred by the employee bringing the action. 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 this bill. In such a case, the action to recover damages must be instituted within three years. EXEMPTIONS This bill clarifies that employees excluded pursuant to federal law are exempt from this bill to the same extent those employees are exempt under federal law. RULEMAKING Within existing resources of the department of labor and workforce development, this bill requires the commissioner to promulgate rules to effectuate this bill that are consistent with federal law.

What moved, what's on next week's agenda, new filings — every Monday, from the public record, free.

No account. Unsubscribe in one click.

Overview

This bill generally requires an employer to pay an employee wages at an hourly rate not less than the greater of the federal minimum wage or $15 an hour. However, an employer must not pay an employee less than 1.5 times the regular wage rate for any work done by the employee in excess of 40 hours during a work week. An employer subject to this bill must keep a summary of this bill and any applicable wage rules posted in a conspicuous and accessible place in or about the premises of the employer's place of business. However, this bill clarifies that it 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 wages under this bill. In the administration of this bill, the commissioner of labor and workforce development ("commissioner") must cooperate, to the fullest extent with this bill, with the administrator of the wage and hour division of the U.S. department of labor. VIOLATIONS This bill provides that an employer who violates the minimum wage requirements of this bill 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 bill, 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 attorney fees incurred by the employee bringing the action. 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 this bill. In such a case, the action to recover damages must be instituted within three years. EXEMPTIONS This bill clarifies that employees excluded pursuant to federal law are exempt from this bill to the same extent those employees are exempt under federal law. RULEMAKING Within existing resources of the department of labor and workforce development, this bill requires the commissioner to promulgate rules to effectuate this bill that are consistent with federal law.

Track Tennessee Legislation Like a Pro

Join hundreds of professionals using LegisGo to stay ahead of legislative changes.

Instant Alerts

Get notified when bills you track move through the legislature

AI Summaries

Understand complex legislation in seconds with AI-powered analysis

Full Access

All 132 legislators, committee schedules, and voting records

Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 29, 2024

Subjects
42001585

Want to track this bill? Get instant alerts and AI-powered insights.