State Minimum/Prevailing Wage

State Minimum/Prevailing Wage April 2014 To access additional SHRM State Law & Regulation Resources click here. Editors Note: If a state minimum wage rate is less then the federal rate of $7.25 per hour then employers are required to follow federal minimum wage law. State laws will only supersede federal requirements when the state law provides a more generous benefit to employees. Where available, website addresses have been provided within the chart to obtain additional information for that states Prevailing Wage requirements. Additional Resources: Minimum Wage History Chart Compliance Assistance - The Davis-Bacon and Related Acts (DBRA) Wage Determination by State Davis-Bacon Wage Determinations Helpful Hints Davis-Bacon Reference Material To check whether there is pending legislative issues or recently enacted legislative changes for your state(s) please click here. Please note: This material is for personal use only and is protected by U.S. Copyright Law (Title 17 USC). It is provided as general information only and does not constitute and is not a substitute for legal or other professional advice. Reliance upon this material is solely at your own risk. Click the letter corresponding to the state name below. A C D F G H I K L M N O P R S T U V W State Statute Alabama Alaska The state of Alabama does not have a state minimum wage, however employers are required to apply federal rate, which is currently set at $7.75 an hour. 23.10.065(a) is repealed and reenacted to read: (a) Except as provided in (b) of this section and as otherwise provided by law, for hours worked in a pay period, whether the work is measured by time, piece, commission, or otherwise, an employer shall pay to each employee wages at a rate that is not less than the higher of $7.15 an hour or, for work performed on or after the effective date of an actual increase of the federal minimum wage to a rate higher than $7.15 an hour, 50 cents an hour more than the federal minimum wage. An employer may not apply tips or gratuities bestowed on employees as a credit toward payment of the minimum hourly wage required by this section. Tip credit as defined by the Fair Labor Standards Act of 1938 as amended does not apply to the minimum wage established by this section.* Sec. 2. This Act takes effect July 1, 2009. 23.10.070 To the extent necessary to prevent curtailment of opportunities of employment, the commissioner may by regulations or orders provide for the employment at wages lower than the minimum wage prescribed in AS 23.10.050-23.10.150 of (1) an individual whose earning capacity is impaired by physical or mental deficiency, age, or injury, at the wages and subject to the restrictions and for the period of time that are fixed by the commissioner; and (2) an apprentice at the wages that are approved by the commissioner; or (3) a learner at the wages and subject to the restrictions and for the periods of time that are fixed by the commissioner. 36.05.010 A contractor or subcontractor who performs work on public construction in the state, as defined by AS 36.95.010, shall pay not less than the current prevailing rate of wages for work of a similar nature in the region in which the work is done. The current prevailing rate of wages is that

Arizona contained in the latest determination of prevailing rate of wages issued by the Department of Labor and Workforce Development at least 10 days before the final date for submission of bids for the contract. The rate shall remain in effect for the life of the contract or for 24 calendar months, whichever is shorter. At the end of the initial 24-month period, if new wage determinations have been issued by the department, the latest wage determination shall become effective for the next 24-month period or until the contract is completed, whichever occurs first. This process shall be repeated until the contract is completed. (http://www.labor.state.ak.us/lss/whhome.htm) 23-363. A. Employers shall pay employees no less than the minimum wage, which shall be seven dollars and eighty cents ($7.80) an hour beginning on January 1, 2013. B. The minimum wage shall be increased on January 1, 2014 and on January 1 of successive years by the increase in the cost of living. The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as of August of the previous year of the consumer price index (all urban consumers, U.S. city average for all items) or its successor index as published by the U.S. department of labor or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of five cents. C. For any employee who customarily and regularly receives tips or gratuities from patrons or others, the employer may pay a wage up to $3.00 per hour less than the minimum wage if the employer can establish by its records of charged tips or by the employee's declaration for federal insurance contributions act (FICA) purposes that for each week, when adding tips received to wages paid, the employee received not less than the minimum wage for all hours worked. Compliance with this provision will be determined by averaging tips received by the employee over the course of the employer's payroll period or any other period selected by the employer that complies with regulations adopted by the commission. 34-321 A. The public interest in the rates of wages paid under public works contracts transcends local or municipal interests and is of statewide concern. B. Agencies and political subdivisions of this state, including charter cities, shall not by regulation, ordinance or in any other manner require public works contracts to contain a provision requiring the wages paid by the contractor or any subcontractor to be not less than the prevailing rate of wages for work of a similar nature in the state or political subdivision where the project is located. [Editors Note] Through December 31, 2005, Pima County is required to page a living wage rate of $8.35 per hour if benefits are provided and $9.39 per hour if benefits are not provided. Arkansas [Editors Note] The living wage for Pima County has been increased to $9.67 per hour if the employer does not provide benefits and $8.60 per hour if benefits are provided. 11-4-203.Definitions. As used in this subchapter, unless the context otherwise requires: (1) "Director" means the Director of the Department of Labor; (2) "Employ" includes to suffer or to permit to work; (3) "Employee" includes any individual employed by an employer but shall not include: (A) Any individual employed in a bona fide executive, administrative, or professional capacity or as an outside commission-paid salesperson who customarily performs his or her services away from his or her employer's premises taking orders for goods or services; (B) Students performing services for any school, college, or university in which they are enrolled and are regularly attending classes; (C) Any individual employed by the United States; (D) Any individual engaged in the activities of any educational, charitable, religious, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to the organizations gratuitously; (E) Any bona fide independent contractor; (F) Any individual employed by an agricultural employer who did not use more than five hundred (500) man-days of agricultural labor in any calendar quarter of the preceding calendar year; (G) The parent, spouse, child, or other member of an agricultural employer's immediate family; (H) An individual who: (i) Is employed as a hand-harvest laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; (ii) Commutes daily from his or her permanent residence to the farm on which he or she is so employed; and (iii) Has been employed in agriculture fewer than thirteen (13) weeks during the preceding calendar year; (I) A migrant who: (i) Is sixteen (16) years of age or under and is employed as a hand-harvest laborer; (ii) Is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; (iii) Is employed on the same farm as his or her parents; and (iv) Is paid the same piece-rate as employees over age sixteen (16) years are paid on the same farm; (J) Any employee principally engaged in the range production of livestock; (K) Any employee employed in planting or tending trees, cruising, surveying, or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plants, or railroad or other transportation terminal if the number of employees employed by his or her employer in the forestry or lumbering operations does not exceed eight (8); (L) An employee employed by a nonprofit recreational or educational camp that does not operate for more than seven (7) months in any calendar year; (M) A nonprofit child welfare agency employee who serves as a houseparent that is: (i) Directly involved in caring for children who reside in residential facilities of the nonprofit child welfare agency, and who are orphans, in foster care, abused, neglected, abandoned, homeless, in need of supervision, or otherwise in crisis situations that lead to out-of-home placements; and (ii) Compensated at an annual rate of not less than thirteen thousand dollars ($13,000), or at an

annual rate of not less than ten thousand dollars ($10,000) if the employee resides in the residential facility and receives board and lodging at no cost; (N) An employee employed in connection with the publication of a weekly, semiweekly, or daily newspaper with a circulation: (i) Of less than four thousand (4,000); and (ii) The major part of which is within the county where the newspaper is published or counties contiguous to the county where the newspaper is published; (O) An employee employed on a casual basis in domestic service employment to provide: (i) Babysitting services; or (ii) Companionship services for individuals who are unable to care for themselves because of age or infirmity; (P) An employee engaged in the delivery of newspapers to retail subscribers; or (Q) A home worker engaged in: (i) Making wreaths composed principally of natural holly, pine, cedar, or other evergreens; and (ii) Harvesting natural holly, pine, cedar, and other evergreens used in making such wreaths; (R)(i) An individual employed by an establishment that is an organized camp or a religious or nonprofit educational conference center if: (a) The organized camp or a religious or non-profit educational conference center does not operate for more than seven (7) months in a calendar year; or (b) During the preceding calendar year, the average receipts of the organized camp or a religious or nonprofit educational conference center for any six (6) months of the preceding calendar year were not more than thirty-three and one-third percent (33 1/3%) of the average receipts of the organized camp or a religious or nonprofit educational conference center for the other six (6) months of the preceding calendar year. (ii)(a) This subdivision (3)(R) is effective retroactively as of January 1, 2006. (b) The retroactive effect of this subdivision (3)(R) does not impose liability on the department or on an employee to repay damages, back wages, civil money penalties, or other monies collected or paid by the department or received by an employee. (4) (A) "Employer" includes any individual, partnership, association, corporation, business trust, the State, any political subdivision of the State, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. (B) "Employer" shall not include any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee for any workweek in which fewer than four (4) employees are employed; (5) "Gratuities" means voluntary monetary contributions received by an employee from a guest, patron, or customer for services rendered; (6) "Independent contractor" means any individual who contracts to perform certain work away from the premises of his or her employer, uses his or her own methods to accomplish the work, and is subject to the control of the employer only as to the result of his or her work; (7) "Man-day" means any day during any portion of which an employee performs any agricultural labor. Any individual otherwise excluded as an "employee" under subdivision (3) (I) of this section shall be considered an employee in computing man-days of agricultural labor; (8) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed; and (9) "Wage" means compensation due to an employee by reason of his or her employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by this subchapter or by regulations of the director under this subchapter. 11-4-210(a) Beginning October 1, 2006, every An employer shall pay each of his or her employees wages at the rate of not less than six dollars and twenty-five cents ($6.25) six dollars and fifty-five cents ($6.55) per hour except as otherwise provided in this subchapter. Beginning July 24, 2009, every employer shall pay each of his or her employees wages at the rate of not less than seven dollars and twenty-five cents ($7.25) per hour except as otherwise provided in this EMERGENCY CLAUSE. It is found and determined by the General Assembly of the State of Arkansas that the national and state economies have weakened and continue to weaken; that Arkansas families face serious and increasing financial hardships; that the financial hardships risk causing irreparable harm to the welfare of Arkansas families and the economy of this state and that this act is immediately necessary because an increase in wages will immediately allow Arkansas citizens to meet the steadily increasing weight of the present fiscal crisis. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective The date of its approval by the Governor; If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto. 11-4-212(a), concerning the allowance for gratuities, is amended to read as follows: (a) Every employer of an employee engaged in any occupation in which gratuities have been customarily and usually constituted and have been recognized as a part of remuneration for hiring purposes shall be entitled to an allowance for gratuities as a part of the hourly wage rate provided in 11-4210 in an amount not to exceed fifty percent (50%) fifty-eight percent (58%) of the minimum wage established by 11-4-210, provided that the employee actually received that amount in gratuities and that the application of the foregoing gratuity allowances results in payment of wages other than gratuities to tipped employees, including full-time students subject to the provisions of 11-4-210, of no less than fifty percent (50%) forty-two percent (42%) of the minimum wage prescribed by 11-4-210. SECTION 8. This act shall become effective on October 1, 2006. Effective February 15, 2007, the City of Pine Bluff, its contractors and subcontractors, and business

California benefiting from financial assistance programs must pay employees a living wage rate of $10.55 per hour. Covered employers may claim a credit toward the living wage rate in the amount equal to its average hourly health care or child care expenditures per covered employee up to the maximum health care or child care credit currently set as $1.25. 1182.12. Notwithstanding any other provision of this part, on and after July 1, 2014, the minimum wage for all industries shall be not less than nine dollars ($9) per hour, and on and after January 1, 2016, the minimum wage for all industries shall be not less than ten dollars ($10) per hour.. 1182.13. (a) The Department of Industrial Relations shall adjust upwards the permissible meals and lodging credits by the same percentage as the increase in the minimum wage made pursuant to Section 1182.12. 351. No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due the employee from the employer. Every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for. An employer that permits patrons to pay gratuities by credit card shall pay the employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deductions for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Payment of gratuities made by patrons using credit cards shall be made to the employees not later than the next regular payday following the date the patron authorized the credit card payment. 1771. Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. (http://www.dir.ca.gov/t8/ch8sb3a4.html) 1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor. [Editor's note:] Effective January 1, 2013 the city of Long Beach will require hotel employers (100 or more guest rooms) to pay hotel workers a minimum wage of not less than $13.00 per hour worked. The ordinance also provides for the minimum wage to be adjusted annually based on either increases in the federal minimum wage or, if greater, by the cumulative increase in the cost of living, as of December 31. If in any calendar year there are no increases in the federal minimum wage and the increase in the Consumer Price Index (All Urban Consumers, Los Angeles-Riverside-Orange County) is less than 2%, then the rate is to be adjusted by an increase of 2%. Tips or gratuities received by hotel workers and service charges or commissions cannot be credited as being any part of or offset against the required minimum wage. Additionally, hotel workers must receive five compensated days off each calendar year for sick leave at the hotel worker s request. Hotel workers must receive their normal daily compensation for each compensated day off. Workers are to accrue 5/12 of a day of compensated time for each full month in a calendar year that the hotel worker has been employed by the hotel employer. A hotel worker would be entitled to use such days off as they accrue. Any accrued time not taken by the end of the calendar year is to be paid to the hotel worker in a lump-sum payment at the end of the calendar year. [Editor's note:] Effective January 1, 2013 the minimum wage in the City of San Francisco will increase to $10.55 per hour effective. The minimum wage requirement applies to all adult and minor employees, including temporary and part-time workers, who work two or more hours per week. Additionally, city contractors subject to the San Francisco Minimum Compensation Ordinance (MCO), must pay employees $12.43 per hour. [Editor's note:] Effective January 1, 2013 the City of San Jose, has passed an ordinance requiring employers in San Jose to pay employees who work at least two hours of work in a calendar week a minimum wage of at least $10.00 per hour. The minimum wage ordinance allows for a waiver of all or a

portion of the requirements through collective bargaining agreements. [Editors Note] Effective January 1, 2011, the prevailing wage rate for the city of San Francisco is set at $9.92 per hour. All employers shall pay a minimum wage of $9.92 per hour for work performed by adult and minor employees who work two or more hours per week within the geographic boundaries of the city this is known as the San Francisco minimum wage. San Francisco's Minimum Compensation Ordinance (MCO) requires that commercial businesses that contract with the city or that lease property at SFO pay a minimum compensation of $11.69 per hour to employees. Nonprofit organizations must pay a minimum compensation rate of $11.03 per hour. These rates apply for contracts entered into on or after October 14, 2007. The minimum compensation rate may be adjusted annually each January 1. For contracts entered into prior to October 14, 2007, the for-profit compensation rate is $10.77 per hour, and for nonprofits, the compensation rate is the same as the San Francisco minimum wage. [Editor s Note:] The City of Santa Fe's living wage is $9.85 per hour effective January 1, 2009. The living wage will be adjusted upward each year, by an amount corresponding to the previous year's increase, if any, in the consumer price index for the western region for urban wage earners and clerical workers. For workers who normally receive more than $100 per month in tips or commissions, any tips or commissions received and retained by a worker shall be counted as wages and credited towards satisfying the minimum wage provided that, for tipped workers, all tips received by such workers are retained by the workers, except that the pooling of tips among workers is permitted. The value of health care benefits and child care shall be considered as an element of wages. [Editors Note] A living wage ordinance was passed in the City of Richmond requiring businesses awarded city contracts in excess of $25,000 and who are recipients of at least $100,000 in public subsidies, or have leases with the city and revenues over $350,000 must pay employees a living wage rate of $11.42 per hour if benefits are provided and $12.92 an hour if benefits are not provided. The current living wage rate for Berkeley is $11.04 per hour if benefits are provided and $12.87 per hour if benefits are not provided. [Editors Note:] Effective June 30, 2007, the living wage rate for the city of Berkely is set at $11.77 per hour if the employer contributes a minimum of $1.96 toward employee medical benefit plan and $13.73 when the employer does not contribute the required minimum to a medical benefit plan. [Editors Note] Current living wage rates for Port Hueneme is $11.85 per hour if health benefits are not provided by the employer, and $9.35 per hour if health benefits are provided by the employer. The current living wage for Marin County is $9.50 per hour if health benefits are provided, and $10.75 per hour if health benefits are not provided. [Editor's Note] The current living wage rates for the town of Fairfax is $13.47 per hour if employer provides benefits and $15.28 per hour if the employer does not provide benefits. [Editors Note] Effective July 1, 2006, the new living wage rate for Santa Cruz and Watsonville are set at $12.43 per hour if the employer provides benefits and $13.65 per hour if no benefits are provided. The new living wage rate set for Los Angeles is $9.39 per hour with benefits and $10.64 if no benefits are provided. [Editor's note:] The new living wage rate for the City of Petaluma is $11.70 per hour if employer provides employees with health insurance benefits and $13.20 per hour if no benefits are provided. [Editor's note:] Effective July 1, 2008, the living wage rate for the City of Los Angeles is $10.00 per hour with health benefits, or $11.25 per hour without benefits. Effective June 30, 2008, if an employer pays at least $2.01 per hour per employee towards an employee medical benefits plan, the employer must pay employees an hourly wage of not less than $12.11. If the employer does not provide the employees with such a medical benefit plan, the employer must pay employees an hourly wage of not less than $14.12. Effective until July 1, 2009, employees of private sector contractors/employers who enter into a service contract with the City of Santa Cruz for $10,000 or more must be paid a living wage of $13.08 per hour with benefits, and $14.26 per hour without benefits. Certain contractors and subcontractors with the County of Marin must pay employees a living wage for services financed by county funds for the time those employees are engaged in providing services to the county. The rates, effective July 1, 2008, are $10.05 per hour with health benefits of at least $1.50 per hour, and $11.55 per hour without health benefits. Employees of contractors for specified private sector services, or any employee of a subcontractor while employed in providing service to the City of Watsonville pursuant to a contract for specified private sector services or related subcontract must be paid a living wage of $13.08 per hour with benefits, or $14.26 per hour without benefits, effective July 1, 2008. [Editor's note:] Effective February 1, 2009, Sacramento employers who provide health benefits and

Colorado whose contribution for such benefits is at least $1.60 for each hour of work must pay a covered employee a minimum wage rate of $10.65 per hour. If health benefits are not provided or are provided and the contribution is less than $1.60 per hour of work, the minimum wage rate is $12.25 per hour. The state of Colorado has no minimum wage law, however section 8-6-106 allows the director to determine minimum wages sufficient for living wages for specific industries via wage orders. Sec. 15. State minimum wage rate; Annual increases to be tied to inflation; Wage offset for tipped employees. Effective January 1, 2013, minimum wage rate in the state of Colorado is $7.78 per hour, with a minimum wage for employees who receive tips set at $4.76 per hour and shall be adjusted annually for inflation, as measured by the Consumer Price Index used for Colorado. This minimum wage shall be paid to employees who receive the state or federal minimum wage. No more than $3.02 per hour in tip income may be used to offset the minimum wage of employees who regularly receive tips. Wage Order #28 Colorado Minimum Wage Order Number 28 establishes a Colorado state minimum wage pursuant to the requirements of Article XVIII, Section 15, of the Colorado Constitution. In addition to state minimum wage requirements, there are also federal minimum wage requirements. If an employee is covered by both state and federal minimum wage laws, the law which provides a higher minimum wage or sets a higher standard shall apply. For information on federal minimum wage law, contact the U.S. Department of Labor. 2013 Colorado State Minimum Wage: Pursuant to the inflation adjustment requirement of Article XVIII, Section 15, of the Colorado Constitution,if either of the following two situations applies to an employee, then the employee is entitled to the $7.78 state minimum wage or the $4.76 state tipped employee minimum wage, effective January 1, 2013:1. The employee is covered by the minimum wage provisions of Colorado Minimum Wage Order Number 28.2. The employee is covered by the minimum wage provisions of the Fair Labor Standards Act. Some restrictions and exemptions may apply; contact the Colorado Division of Labor for additional information. The Colorado Division of Labor accepts complaints for minimum wage violations involving employees who receive the state or federal minimum wage. Table of Contents:Section1. Coverage2. Definitions3. Minimum Wage and Allowable Credits4. Overtime Hours5. Exemptions from the Wage Order6. Exemptions from Overtime 7. Meal Periods8. Rest Periods9. Legal Deductions10. Presents, Tips, or Gratuities11. Wearing of Uniforms12. Record Keeping13. Administration and Interpretation14. Separability Clause15. Filing of Complaints16. Investigations17. Enforcement18. Recovery of Wages19. Reprisals20. Violations21. Posting Requirements22. Dual Jurisdiction1. Coverage: This Colorado Minimum Wage Order Number 28 regulates wages, hours, working conditions and procedures for certain employers and employees for work performed within the boundaries of the state of Colorado in the following industries:(a) Retail and Service (C) Food and Beverage(B) Commercial Support Service (D) Health and Medical2. Definitions:(A) Retail and Service: any business or enterprise that sells or offers for sale, any service, commodity, article, good, real estate, wares, or merchandise to the consuming public, and that generates50% or more of its annual dollar volume of business from such sales. The retail and service industry offers goods or services that will not be made available for resale. It also includes amusement and recreation, public accommodations, banks, credit unions, savings and loans, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel.(b) Commercial Support Service: any business or enterprise engaged directly or indirectly in providing services to other commercial firms through the use of service employees who perform duties such as: clerical, keypunching, janitorial, laundry or dry cleaning, security, building or plant maintenance, parking attendants, equipment operations, landscaping and grounds maintenance. Commercial support service also includes temporary help firms which provide employees to any business or enterprise covered by this wage order. Any employee, including office personnel, engaged in the performance of work connected with or incidental to such business or enterprise, is covered by the provisions of this wage order.(c) Food and Beverage: any business or enterprise that prepares and offers for sale, food or beverages for consumption either on or off the premises. Such business or enterprise includes but is not limited to: restaurants, snack bars, drinking establishments, catering services, fast-food businesses, country clubs and any other business or establishment required to have a food or liquor license or permit, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel.(d) Health and Medical: any business or enterprise engaged in providing medical, dental, surgical or other health services including but not limited to medical and dental offices, hospitals, home health care, hospice care, nursing homes, and mental health centers, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel Director: the director of the division of labor. Division: the division of labor in the Colorado Department of Labor and Employment. Emancipated Minor: any individual less than eighteen years of age who: a) has the sole or primary responsibility for his or her own support.b) is married and living away from parents or guardian. c) is able to show that his or her well-being is substantially dependent upon being gainfully employed. Emergency: an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action with regard to the employment of minors in overtime situations. Employee: any person performing labor or services for the benefit of an employer in which the employer may command when, where, and how much labor or services shall be performed.

For the purpose of this order, an individual primarily free from control and direction in the performance of contracted labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not an employee. Employer: every person, firm, partnership, association, corporation, receiver, or other officer of court in Colorado, and any agent or officer thereof, of the above-mentioned classes, employing any person in Colorado, except that the provisions of this order shall not apply to state, federal and municipal governments or political subdivisions thereof, including; cities, counties, municipal corporations, quasi-municipal corporations, school districts, and irrigation, reservoir, or drainage conservation companies or special districts organized and existing under the laws of Colorado. Full Time Employee: for the purpose of the exemption described in section 5(b) of this wage order, a fulltime employee is one who performs work for the benefit of an employer for a minimum of 32 hours per work week. Regular Rate of Pay: the regular rate of pay actually paid to employees for a standard, non-overtime workweek. The regular rate of pay shall include all compensation paid to employees including the set hourly rate, shift differential, minimum wage tip credit, non-discretionary bonuses, production bonuses, and commissions used for the purpose of calculating the overtime hourly rate for non-exempt employees. Business expenses, bona fide gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday pay, sick leave, jury duty, or other pay for non-work hours may be excluded from the regular rate of pay. Time Worked: the time during which an employee is subject to the control of an employer, including all the time the employee is suffered or permitted to work whether or not required to do so. Requiring or permitting employees to remain at the place of employment awaiting a decision on job assignment or when to begin work or to perform clean up or other duties off the clock shall be considered time worked and said time must be compensated.a) Travel Time: all travel time spent at the control or direction of an employer, excluding normal home to work travel, shall be considered as time worked. b) Sleep Time: where an employee s tour of duty is 24 hours or longer, up to 8 hours of sleeping time can be excluded from overtime compensation, if: (1) an express agreement excluding sleeping time exists; and (2) adequate sleeping facilities for an uninterrupted night s sleep are provided; and (3) at least five hours of sleep are possible during the scheduled sleeping periods; and (4) interruptions to perform duties are considered time worked. When said employee s tour of duty is less than 24 hours, periods during which the employee is permitted to sleep are compensable work time, as long as the employee is on duty and must work when required. Only actual sleep time may be excluded up to a maximum of eight (8) hours per work day. When work related interruptions prevent five(5) hours of sleep, the employee shall be compensated for the entire work day. Tipped Employee: any employee engaged in an occupation in which he or she customarily and regularly receives more than $30.00 a month in tips. Tips include amounts designated as a tip by credit card customers on their charge slips. Nothing herein contained shall prevent an employer covered hereby from requiring employees to share or allocate such tips or gratuities on a pre-established basis among other employees of said business who customarily and regularly receive tips. Employer-required sharing of tips with employees who do not customarily and regularly receive tips, such as management or food preparers, or deduction of credit card processing fees from tipped employees, shall nullify allowable tip credits towards the minimum wage authorized in section 3(c).Wages or Compensation: all amounts due employees for labor or service; whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculating the same, or whether the labor or service is performed under contract, subcontract, partnership, sub-partnership, station plan, or other agreement, provided that the labor or service is performed personally by the person demanding payment. Workday: any consecutive twenty-four (24) hour period starting with the same hour each day and the same hour as the beginning of the workweek. The workday is set by the employer and may accommodate flexible work shift scheduling. Work Shift: the hours an employee is normally scheduled to work within a work day. Workweek: any consecutive seven (7) day period starting with the same calendar day and hour each week. A workweek is a fixed and recurring period of 168 hours, seven (7) consecutive twenty-four (24)hour periods.3. Minimum Wage and Allowable Credits: Minimum Wage: all adult employees and emancipated minors, employed in any of the industries covered herein, whether employed on an hourly, piecework, commission, time, task, or other basis, shall be paid not less than $7.78 effective January 1, 2013, less any applicable lawful credits for all hours worked. Allowable Credits: the only allowable credits that may be taken by an employer toward the minimum wage are as follows: a) Lodging: the reasonable cost or fair market value for lodging (not to exceed $25.00 per week)furnished by the employer and used by the employee may be considered part of the minimum wage when furnished. b) Meals: the reasonable cost or fair market value of meals provided to the employee may be used as part of the minimum hourly wage. No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. The meal must be consumed before deductions are permitted. c) Tips: employers of tipped employees must pay a cash wage of at least $4.62 per hour if they claim a tip credit against their minimum hourly wage obligation. If an employee s tips combined with the employer s cash wage of at least $4.76 per hour do not equal the minimum hourly wage, the employer must make up the difference in cash wages. Exception: employees whose physical disability has been certified by the director to significantly impair such disabled employee s ability to perform the duties involved in the employment, and unemancipated minors under 18 years of age, may be paid 15% below the current minimum wage less any applicable lawful credits, for all hours worked.4. Overtime Hours: Overtime Rate: employees shall be paid time and one-half of the regular rate of pay for any work in excess of: (1) forty (40) hours per workweek; (2) twelve (12) hours per workday, or (3) twelve (12)consecutive hours without regard to the starting and

ending time of the workday (excluding duty free meal periods), whichever calculation results in the greater payment of wages. Hours worked in two or more work weeks shall not be averaged for computation of overtime. Performance of work in two or more positions at different pay rates for the same employer shall be computed at the overtime rate based on the regular rate of pay for the position in which the overtime occurs, or at a weighted average of the rates for each position, as provided in the Fair Labor Standards Act. Note: the requirement to pay overtime for work in excess of twelve (12) consecutive hours will not alter the employee s established workday or workweek, as previously defined. Exception: in the event of a bona fide emergency situation, an employer may require minors,subject to the Colorado youth employment opportunity act, to work in excess of eight (8) hours in a twenty-four (24) hour period or in excess of forty (40) hours per week. Said minors shall be compensated at time and one-half the regular rate of pay for all hours worked in excess of eight(8) hours in any twenty-four (24) hour period, or for all work in excess of forty (40) hours per week, whichever calculation results in the greater payment of wages. The employer shall keep specific records to substantiate the existence of a bona fide emergency. Note: a person under eighteen (18) years of age who has received a high school diploma or a passing grade on a General Education Development (GED) examination, is not considered aminor.5. Exemptions from the Wage Order: The following employees or occupations, as defined below, are exempt from all provisions of Minimum Wage Order No. 28: administrative, executive/supervisor, professional, outside sales employees, and elected officials and members of their staff. Other exemptions are: companions, casual babysitters, and domestic employees employed by households or family members to perform duties in private residences, property managers, interstate drivers, driver helpers, loaders or mechanics of motor carriers, taxi cab drivers, and bona fide volunteers. Also exempt are: students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a work experience study program and employees working in laundries of charitable institutions which pay no wages to workers and inmates, or patient workers who work in institutional laundries. Exemption Definitions: a) Administrative Employee: a salaried individual who directly serves the executive, and regularly performs duties important to the decision-making process of the executive. Said employee regularly exercises independent judgment and discretion in matters of significance and their primary duty is non-manual in nature and directly related to management policies or general business operations.b) Executive or Supervisor: a salaried employee earning in excess of the equivalent of the minimum wage for all hours worked in a workweek. Said employee must supervise the work of at least two full-time employees and have the authority to hire and fire, or to effectively recommend such action. The executive or supervisor must spend a minimum of 50% percent of the workweek in duties directly related to supervision. c) Professional: a salaried individual employed in a field of endeavor who has knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study. The professional employee must be employed in the field in which they are trained to be considered a professional employee. Note: the requirement that a professional employee must be paid on a salary basis does not apply to doctors, lawyers, teachers, and employees in highly technical computer occupations earning at least $27.63 per hour. d) Outside Salesperson: any person employed primarily away from the employer s place of business or enterprise for the purpose of making sales or obtaining orders or contracts for any commodities,articles, goods, real estate, wares, merchandise or services. Such outside sales employee must spend a minimum of 80% of the workweek in activities directly related to their own outside sales.6. Exemptions from Overtime: The following employees are exempt from the overtime provisions of Minimum Wage Order No. 28:a) Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers; salespersons employed by trailer, aircraft and boat (retail) dealers. b) Commission Sales Exemption: sales employees of retail or service industries paid on a commission basis, provided that 50% of their total earnings in a pay period are derived from commission sales, and their regular rate of pay is at least one and one-half times the minimum wage. This exemption is only applicable for employees of retail or service employers who receive in excess of 75% of their annual dollar volume from retail or service sales. c) Ski Industry Exemption: employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snow boarding, and those employees engaged in providing food and beverage services at on-mountain locations, are exempt from the forty (40) hour overtime requirement of this wage order. The daily overtime requirement of one and one-half the regular rate of pay for all hours worked in excess of twelve (12) in a workday shall apply. This partial overtime exemption does not apply to ski area employees performing duties related to lodging. d) Medical Transportation Exemption: employees of the medical transportation industry who are scheduled to work twenty-four (24) hour shifts, are exempt from the twelve (12) hour overtime requirement provided they receive overtime wages for hours worked in excess of forty (40) hours per work week. Note: a hospital or nursing home may seek an agreement with individual employees to pay overtime pursuant to the provisions of the Federal Fair Labor Standards Act 8 and 80 rule, whereby employees are paid time and one-half their regular rate of pay for any work performed in excess of eighty (80) hours in a fourteen (14) consecutive day period and for any work in excess of eight (8) hours per day.7. Meal Periods: Employees shall be entitled to an uninterrupted and duty free meal period of at least a thirty minute duration when the scheduled work shift exceeds five consecutive hours of work. The employees must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work, uncompensated period of time. When the nature of the business activity or other circumstances exist that makes an uninterrupted meal period impractical, the employee shall be permitted to consume an onduty meal while performing duties. Employees shall be permitted to fully consume a meal of choice on

the job and be fully compensated for the on-duty meal period without any loss of time or compensation.8. Rest Periods: Every employer shall authorize and permit rest periods, which, insofar as practicable, shall be in the middle of each four (4) hour work period. A compensated ten (10) minute rest period for each four (4)hours or major fractions thereof shall be permitted for all employees. Such rest periods shall not be deducted from the employee s wages. It is not necessary that the employee leave the premises for said rest period.9. Legal Deductions: No employer shall make a deduction from the wages or compensation of an employee in violation of the Colorado Wage Act, 8-4-105, C.R.S. (2011).10. Presents, Tips, or Gratuities: It shall be unlawful to deny presents, tips, or gratuities intended for employees in violation of the Colorado Wage Act, 8-4-103(6), C.R.S. (2011). 11. Wearing of Uniforms: Where the wearing of a particular uniform or special apparel is a condition of employment, the employer shall pay the cost of purchases, maintenance, and cleaning of the uniforms or special apparel. If the uniform furnished by the employer is plain and washable and does not need or require special care such as ironing, dry cleaning, pressing, etc., the employer need not maintain or pay for cleaning. An employer may require a reasonable deposit (up to one-half of actual cost) as security for the return of each uniform furnished to employees upon issuance of a receipt to the employee for such deposit. The entire deposit shall be returned to the employee when the uniform is returned. The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from the employee s wages or deposit. Exception: clothing accepted as ordinary street wear and the ordinary white or any light colored plain and washable uniform need not be furnished by the employer unless a special color, make, pattern, logo or material is required. 12. Record Keeping. Every employer shall keep at the place of employment or at the employer s principal place of business in Colorado, a true and accurate record for each employee which contains the following information: a) name, address, social security number, occupation and date of hire of said employee.b) date of birth, if the employee is under eighteen (18) years of age.c) daily record of all hours worked. d) record of allowable credits and declared tips. e) regular rates of pay, gross wages earned, withholdings made and net amounts paid each pay period. An itemized earnings statement of this information shall be provided to each employee each pay period. Such records shall be kept on file at least two years from date of entry.13. Administration and Interpretation: The division of labor shall have jurisdiction over all questions of fact arising with respect to the administration and interpretation of this order.14. Separability Clause: If any section, sentence, clause or phrase of this order is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of the order.15. Filing of Complaints: Any person may register with the division, a written complaint that alleges a violation of the Minimum Wage Order within two (2) years of said violation(s).16. Investigations: The director or designated agent shall investigate and take all proceedings necessary to enforce the payment of the minimum wage rate and other alleged violations of this wage order, pursuant to this article and the Colorado Wage Act 8-4-101 C.R.S. et seq.17. Enforcement: The director has the power, in person or through any authorized representative, to inspect, examine and make excerpts from any book, reports, contracts, payrolls, documents, papers, and other records of any employer that in any way pertain to the question of wages, and to require from any such employer full and true statement of the wages paid.18. Recovery of Wages: An employee paid less than the legal minimum wage is entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with costs of the suit, pursuant to 8-6-118C.R.S.19. Reprisals: Employers shall not threaten, coerce, or discharge any employee because of participation in anyinvestigation or hearing relating to the minimum wage act. Violators may be subject to a fine of not less than two hundred dollars ($200.00), up to one thousand dollars ($1,000.00) for each violation, pursuant to 8-6-115 C.R.S.20. Minimum wage order #29 Pursuant to the inflation adjustment requirement of Article XVIII, Section 15, of the Colorado Constitution, if either of the following two situations applies to an employee, then the employee is entitled to the $7.78 state minimum wage or the $4.76 state tipped employee minimum wage, effective January 1, 2013: 1. The employee is covered by the minimum wage provisions of Colorado Minimum Wage Order Number 29. 2. The employee is covered by the minimum wage provisions of the Fair Labor Standards Act. Some restrictions and exemptions may apply; contact the Colorado Division of Labor for additional information. The Colorado Division of Labor accepts complaints for minimum wage violations involving employees who receive the state or federal minimum wage. 1. Coverage: This Colorado Minimum Wage Order Number 29 regulates wages, hours, working conditions and procedures for certain employers and employees for work performed within the boundaries of the state of Colorado in the following industries: Retail and Service Commercial Support Service; Food and Beverage; Health and Medical. 2. Definitions: (A) Retail and Service: any business or enterprise that sells or offers for sale, any service, commodity, article, good, real estate, wares, or merchandise to the consuming public, and that generates 50% or more of its annual dollar volume of business from such sales. The retail and service industry offers goods or services that will not be made available for resale. It also includes amusement and recreation, public accommodations, banks, credit unions, savings and loans, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel. (B) Commercial Support Service: any business or enterprise engaged directly or indirectly in providing services to other commercial firms through the use of service employees who perform duties such as: clerical, keypunching, janitorial, laundry or dry cleaning, security, building or plant maintenance, parking attendants, equipment operations, landscaping and grounds maintenance. Commercial support service also includes temporary help firms which provide employees to any business or enterprise covered by

this wage order. Any employee, including office personnel, engaged in the performance of work connected with or incidental to such business or enterprise, is covered by the provisions of this wage order. (C) Food and Beverage: any business or enterprise that prepares and offers for sale, food or beverages for consumption either on or off the premises. Such business or enterprise includes but is not limited to: restaurants, snack bars, drinking establishments, catering services, fast-food businesses, country clubs and any other business or establishment required to have a food or liquor license or permit, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel. (D) Health and Medical: any business or enterprise engaged in providing medical, dental, surgical or other health services including but not limited to medical and dental offices, hospitals, home health care, hospice care, nursing homes, and mental health centers, and includes any employee who is engaged in the performance of work connected with or incidental to such business or enterprise, including office personnel. Director: the director of the division of labor. Division: the division of labor in the Colorado Department of Labor and Employment. Emancipated Minor: any individual less than eighteen years of age who: a) has the sole or primary responsibility for his or her own support. b) is married and living away from parents or guardian. c) is able to show that his or her well-being is substantially dependent upon being gainfully employed. Emergency: an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action with regard to the employment of minors in overtime situations. Employee: any person performing labor or services for the benefit of an employer in which the employer may command when, where, and how much labor or services shall be performed. For the purpose of this order, an individual primarily free from control and direction in the performance of contracted labor or services, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not an employee. Employer: every person, firm, partnership, association, corporation, receiver, or other officer of court in Colorado, and any agent or officer thereof, of the above-mentioned classes, employing any person in Colorado, except that the provisions of this order shall not apply to state, federal and municipal governments or political sub-divisions thereof, including; cities, counties, municipal corporations, quasi-municipal corporations, school districts, and irrigation, reservoir, or drainage conservation companies or special districts organized and existing under the laws of Colorado. Full Time Employee: for the purpose of the exemption described in section 5(b) of this wage order, a full time employee is one who performs work for the benefit of an employer for a minimum of 32 hours per work week. Regular Rate of Pay: the regular rate of pay actually paid to employees for a standard, non-overtime workweek. The regular rate of pay shall include all compensation paid to employees including the set hourly rate, shift differential, minimum wage tip credit, non-discretionary bonuses, production bonuses, and commissions used for the purpose of calculating the overtime hourly rate for non-exempt employees. Business expenses, bonafide gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday pay, sick leave, jury duty, or other pay for non-work hours may be excluded from the regular rate of pay. Time Worked: the time during which an employee is subject to the control of an employer, including all the time the employee is suffered or permitted to work whether or not required to do so. Requiring or permitting employees to remain at the place of employment awaiting a decision on job assignment or when to begin work or to perform clean up or other duties off the clock shall be considered time worked and said time must be compensated. a) Travel Time: all travel time spent at the control or direction of an employer, excluding normal home to work travel, shall be considered as time worked. b) Sleep Time: where an employee s tour of duty is 24 hours or longer, up to 8 hours of sleeping time can be excluded from overtime compensation, if: (1) an express agreement excluding sleeping time exists; and (2) adequate sleeping facilities for an uninterrupted night s sleep are provided; and (3) at least five hours of sleep are possible during the scheduled sleeping periods; and (4) interruptions to perform duties are considered time worked. When said employee s tour of duty is less than 24 hours, periods during which the employee is permitted to sleep are compensable work time, as long as the employee is on duty and must work when required. Only actual sleep time may be excluded up to a maximum of eight (8) hours per work day. When work related interruptions prevent five (5) hours of sleep, the employee shall be compensated for the entire work day. Tipped Employee: any employee engaged in an occupation in which he or she customarily and regularly receives more than $30.00 a month in tips. Tips include amounts designated as a tip by credit card customers on their charge slips. Nothing herein contained shall prevent an employer covered hereby from requiring employees to share or allocate such tips or gratuities on a pre-established basis among other employees of said business who customarily and regularly receive tips. Employer-required sharing of tips with employees who do not customarily and regularly receive tips, such as management or food preparers, or deduction of credit card processing fees from tipped employees, shall nullify allowable tip credits towards the minimum wage authorized in section 3(c). Wages or Compensation: all amounts due employees for labor or service; whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculating the same, or whether the labor or service is performed under contract, subcontract, partnership, subpartnership, station plan, or other agreement, provided that the labor or service is performed personally by the person demanding payment. Workday: any consecutive twentyfour (24) hour period starting with the same hour each day and the same hour as the beginning of the workweek. The workday is set by the employer and may accommodate flexible work shift scheduling. Work Shift: the hours an employee is normally scheduled to work within a work day. Workweek: any consecutive seven (7) day period starting with the same calendar day and hour each week. A workweek is a fixed and recurring period of 168 hours, seven (7) consecutive twenty-four (24) hour periods. 3.

Minimum Wage and Allowable Credits: Minimum Wage: all adult employees and emancipated minors, employed in any of the industries covered herein, whether employed on an hourly, piecework, commission, time, task, or other basis, shall be paid not less than $7.78 effective January 1, 2013, less any applicable lawful credits for all hours worked. Allowable Credits: the only allowable credits that may be taken by an employer toward the minimum wage are as follows: a) Lodging: the reasonable cost or fair market value for lodging (not to exceed $25.00 per week) furnished by the employer and used by the employee may be considered part of the minimum wage when furnished. b) Meals: the reasonable cost or fair market value of meals provided to the employee may be used as part of the minimum hourly wage. No profits to the employer may be included in the reasonable cost or fair market value of such meals furnished. The meal must be consumed before deductions are permitted. c) Tips: employers of tipped employees must pay a cash wage of at least $4.76 per hour if they claim a tip credit against their minimum hourly wage obligation. If an employee s tips combined with the employer s cash wage of at least $4.76 per hour do not equal the minimum hourly wage, the employer must make up the difference in cash wages. Exception: employees whose physical disability has been certified by the director to significantly impair such disabled employee s ability to perform the duties involved in the employment, and unemancipated minors under 18 years of age, may be paid 15% below the current minimum wage less any applicable lawful credits, for all hours worked. 4. Overtime Hours: Overtime Rate: employees shall be paid time and one-half of the regular rate of pay for any work in excess of: (1) forty (40) hours per workweek; (2) twelve (12) hours per workday, or (3) twelve (12) consecutive hours without regard to the starting and ending time of the workday (excluding duty free meal periods), whichever calculation results in the greater payment of wages. Hours worked in two or more workweeks shall not be averaged for computation of overtime. Performance of work in two or more positions at different pay rates for the same employer shall be computed at the overtime rate based on the regular rate of pay for the position in which the overtime occurs, or at a weighted average of the rates for each position, as provided in the Fair Labor Standards Act. Note: the requirement to pay overtime for work in excess of twelve (12) consecutive hours will not alter the employee s established workday or workweek, as previously defined. Exception: in the event of a bonafide emergency situation, an employer may require minors, subject to the Colorado youth employment opportunity act, to work in excess of eight (8) hours in a twenty-four (24) hour period or in excess of forty (40) hours per week. Said minors shall be compensated at time and one-half the regular rate of pay for all hours worked in excess of eight (8) hours in any twenty-four (24) hour period, or for all work in excess of forty (40) hours per week, whichever calculation results in the greater payment of wages. The employer shall keep specific records to substantiate the existence of a bonafide emergency. Note: a person under eighteen (18) years of age who has received a high school diploma or a passing grade on a General Education Development (GED) examination, is not considered a minor. 5. Exemptions from the Wage Order: The following employees or occupations, as defined below, are exempt from all provisions of Minimum Wage Order No. 29: administrative, executive/supervisor, professional, outside sales employees, and elected officials and members of their staff. Other exemptions are: companions, casual babysitters, and domestic employees employed by households or family members to perform duties in private residences, property managers, interstate drivers, driver helpers, loaders or mechanics of motor carriers, taxi cab drivers, and bona fide volunteers. Also exempt are: students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a work experience study program and employees working in laundries of charitable institutions which pay no wages to workers and inmates, or patient workers who work in institutional laundries. Exemption Definitions: a) Administrative Employee: a salaried individual who directly serves the executive, and regularly performs duties important to the decisionmaking process of the executive. Said employee regularly exercises independent judgment and discretion in matters of significance and their primary duty is non-manual in nature and directly related to management policies or general business operations. b) Executive or Supervisor: a salaried employee earning in excess of the equivalent of the minimum wage for all hours worked in a workweek. Said employee must supervise the work of at least two full-time employees and have the authority to hire and fire, or to effectively recommend such action. The executive or supervisor must spend a minimum of 50% percent of the workweek in duties directly related to supervision. c) Professional: a salaried individual employed in a field of endeavor who has knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study. The professional employee must be employed in the field in which they are trained to be considered a professional employee. Note: the requirement that a professional employee must be paid on a salary basis does not apply to doctors, lawyers, teachers, and employees in highly technical computer occupations earning at least $27.63 per hour. d) Outside Salesperson: any person employed primarily away from the employer s place of business or enterprise for the purpose of making sales or obtaining orders or contracts for any commodities, articles, goods, real estate, wares, merchandise or services. Such outside sales employee must spend a minimum of 80% of the workweek in activities directly related to their own outside sales. 6. Exemptions from Overtime: The following employees are exempt from the overtime provisions of Minimum Wage Order No. 29: a) Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail) dealers; salespersons employed by trailer, aircraft and boat (retail) dealers. b) Commission Sales Exemption: sales employees of retail or service industries paid on a commission basis, provided that 50% of their total earnings in a pay period are derived from commission sales, and their regular rate of pay is at least one and one-half times the minimum wage. This exemption is only applicable for employees of retail or service employers who

receive in excess of 75% of their annual dollar volume from retail or service sales. c) Ski Industry Exemption: employees of the ski industry performing duties directly related to ski area operations for downhill skiing or snow boarding, and those employees engaged in providing food and beverage services at on-mountain locations, are exempt from the forty (40) hour overtime requirement of this wage order. The daily overtime requirement of one and one-half the regular rate of pay for all hours worked in excess of twelve (12) in a workday shall apply. This partial overtime exemption does not apply to ski area employees performing duties related to lodging. d) Medical Transportation Exemption: employees of the medical transportation industry who are scheduled to work twenty-four (24) hour shifts, are exempt from the twelve (12) hour overtime requirement provided they receive overtime wages for hours worked in excess of forty (40) hours per work week. Note: a hospital or nursing home may seek an agreement with individual employees to pay overtime pursuant to the provisions of the Federal Fair Labor Standards Act 8 and 80 rule, whereby employees are paid time and one-half their regular rate of pay for any work performed in excess of eighty (80) hours in a fourteen (14) consecutive day period and for any work in excess of eight (8) hours per day. 7. Meal Periods: Employees shall be entitled to an uninterrupted and duty free meal period of at least a thirty minute duration when the scheduled work shift exceeds five consecutive hours of work. The employees must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work, uncompensated period of time. When the nature of the business activity or other circumstances exist that makes an uninterrupted meal period impractical, the employee shall be permitted to consume an on-duty meal while performing duties. Employees shall be permitted to fully consume a meal of choice on the job and be fully compensated for the on-duty meal period without any loss of time or compensation. 8. Rest Periods: Every employer shall authorize and permit rest periods, which, insofar as practicable, shall be in the middle of each four (4) hour work period. A compensated ten (10) minute rest period for each four (4) hours or major fractions thereof shall be permitted for all employees. Such rest periods shall not be deducted from the employee s wages. It is not necessary that the employee leave the premises for said rest period. 9. Legal Deductions: No employer shall make a deduction from the wages or compensation of an employee in violation of the Colorado Wage Act, 8-4-105, C.R.S. (2012). 10. Presents, Tips, or Gratuities: It shall be unlawful to deny presents, tips, or gratuities intended for employees in violation of the Colorado Wage Act, 8-4-103(6), C.R.S. (2012). 11. Wearing of Uniforms: Where the wearing of a particular uniform or special apparel is a condition of employment, the employer shall pay the cost of purchases, maintenance, and cleaning of the uniforms or special apparel. If the uniform furnished by the employer is plain and washable and does not need or require special care such as ironing, dry cleaning, pressing, etc., the employer need not maintain or pay for cleaning. An employer may require a reasonable deposit (up to one-half of actual cost) as security for the return of each uniform furnished to employees upon issuance of a receipt to the employee for such deposit. The entire deposit shall be returned to the employee when the uniform is returned. The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from the employee s wages or deposit. Exception: clothing accepted as ordinary street wear and the ordinary white or any light colored plain and washable uniform need not be furnished by the employer unless a special color, make, pattern, logo or material is required. 12. Record Keeping: Every employer shall keep at the place of employment or at the employer s principal place of business in Colorado, a true and accurate record for each employee which contains the following information: a) name, address, social security number, occupation and date of hire of said employee. b) date of birth, if the employee is under eighteen (18) years of age. c) daily record of all hours worked. d) record of allowable credits and declared tips. e) regular rates of pay, gross wages earned, withholdings made and net amounts paid each pay period. An itemized earnings statement of this information shall be provided to each employee each pay period. Such records shall be kept on file at least two years from date of entry. 13. Administration and Interpretation: The division of labor shall have jurisdiction over all questions of fact arising with respect to the administration and interpretation of this order. 14. Separability Clause: If any section, sentence, clause or phrase of this order is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of the order. 15. Filing of Complaints: Any person may register with the division, a written complaint that alleges a violation of the Minimum Wage Order within two (2) years of said violation(s). 16. Investigations: The director or designated agent shall investigate and take all proceedings necessary to enforce the payment of the minimum wage rate and other alleged violations of this wage order, pursuant to this article and the Colorado Wage Act 8-4-101 C.R.S. et seq. 17. Enforcement: The director has the power, in person or through any authorized representative, to inspect, examine and make excerpts from any book, reports, contracts, payrolls, documents, papers, and other records of any employer that in any way pertain to the question of wages, and to require from any such employer full and true statement of the wages paid. 18. Recovery of Wages: An employee paid less than the legal minimum wage is entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with costs of the suit, pursuant to 8-6-118 C.R.S. 19. Reprisals: Employers shall not threaten, coerce, or discharge any employee because of participation in any investigation or hearing relating to the minimum wage act. Violators may be subject to a fine of not less than two hundred dollars ($200.00), up to one thousand dollars ($1,000.00) for each violation, pursuant to 8-6-115 C.R.S. 20. Violations: Any employer or other person who individually or as an officer, agent or employee of a corporation or other person, pays or causes to be paid an employee covered by this wage order less than the minimum wage, is guilty of a misdemeanor. Conviction thereof will subject the offender to a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), or by imprisonment in the county jail for not

Connecticut less than thirty (30) days, nor more than one (1) year, or both such fine and imprisonment, pursuant to 8-6-116 C.R.S. 21. Posting Requirements: Every employer subject to this wage order must display a wage order poster in an area frequented by employees where it may be easily read during the work day. If the work site or other conditions make this unpractical, the employer shall keep a copy of this wage order and make it available to employees upon request. 22. Dual Jurisdiction: Whenever employers are subjected to both federal and Colorado law, the law providing greater protection or setting the higher standard shall apply. For information on the federal law contact the nearest office of the U.S. Department of Labor, Wage and Hour Division. 31-58 "Minimum fair wage" in any industry or occupation in this state means a wage of not less than six dollars and seventy cents per hour, and effective January 1, 2003, not less than six dollars and ninety cents per hour, and effective January 1, 2004, not less than seven dollars and ten cents per hour, and effective January 1, 2006, not less than seven dollars and forty cents per hour, and effective January 1, 2007, not less than seven dollars and sixty-five cents per hour, and effective January 1, 2009, not less than eight dollars per hour, effective January 1, 2010, not less than eight dollars and twenty-five cents per hour, effective January 1, 2014, not less than eight dollars and seventy cents 13 per hour, and effective January 1, 2015, not less than nine dollars and 14 fifteen cents per hour, and effective January 1, 2016, not less than nine 15 dollars and sixty cents per hour, and effective January 1, 2017, not less 16 than ten dollars and ten cents per hour or one-half of one per cent 17 rounded to the nearest whole cent more than the highest federal 18 minimum wage, whichever is greater, except as may otherwise be 19 established in accordance with the provisions of this part. All wage 20 orders in effect on October 1, 1971, wherein a lower minimum fair 21 wage has been established, are amended to provide for the payment of 22 the minimum fair wage herein established except as hereinafter 23 provided. Whenever the highest federal minimum wage is increased, 24 the minimum fair wage established under this part shall be increased 25 to the amount of said federal minimum wage plus one-half of one per 26 cent more than said federal rate, rounded to the nearest whole cent, 27 effective on the same date as the increase in the highest federal 28 minimum wage, and shall apply to all wage orders and administrative 29 regulations then in force. The rates for learners, beginners, and persons 30 under the age of eighteen years shall be not less than eightyfive per 31 cent of the minimum fair wage for the first two hundred hours of such 32 employment and equal to the minimum fair wage thereafter, except 33 institutional training programs specifically exempted by the 34 commissioner. 31-58a. Notwithstanding the provisions of subsection (j) of section 31-58, minors between the ages of sixteen and eighteen years who are employees of the state or any political subdivision thereof shall be paid a minimum wage of not less than eighty-five per cent of the minimum fair wage as defined in said subsection, and notwithstanding the provisions of said subsection, minors between the ages of fourteen and eighteen who are agricultural employees shall be paid a minimum wage of not less than eighty- five per cent of the minimum fair wage as defined in said section except agricultural employees between the ages of fourteen and eighteen who are employed by employers who did not, during the preceding calendar year, employ eight or more workers at the same time shall be paid a minimum wage of not less than seventy per cent of the minimum wage as defined in said section 31-58j. "Minimum fair wage" in any industry or occupation in this state means a wage of not less than six dollars and seventy cents per hour, and effective January 1, 2003, not less than six dollars and ninety cents per hour, and effective January 1, 2004, not less than seven dollars and ten cents per hour, and effective January 1, 2006, not less than seven dollars and forty cents per hour, and effective January 1, 2007, not less than seven dollars and sixty-five cents per hour, and effective January 1, 2009, not less than eight dollars per hour, and effective January 1, 2010, not less than eight dollars and twenty-five cents per hour, and effective January 1, 2014, not less than eight dollars and seventy cents per hour, and effective January 1, 2015, not less than nine dollars per hour or one-half of one per cent rounded to the nearest whole cent more than the highest federal minimum wage, whichever is greater, except as may otherwise be established in accordance with the provisions of this part. All wage orders in effect on October 1, 1971, wherein a lower minimum fair wage has been established, are amended to provide for the payment of the minimum fair wage herein established except as hereinafter provided. Whenever the highest federal minimum wage is increased, the minimum fair wage established under this part shall be increased to the amount of said federal minimum wage plus one-half of one per cent more than said federal rate, rounded to the nearest whole cent, effective on the same date as the increase in the highest federal minimum wage, and shall apply to all wage orders and administrative regulations then in force. The rates for learners, beginners, and persons under the age of eighteen years shall be not less than eighty-five per cent of the minimum fair wage for the first two hundred hours of such employment and equal to the minimum fair wage thereafter, except institutional training programs specifically exempted by the commissioner. 31-60. Notwithstanding the provisions of this subsection, for the period commencing January 1, 2005, such regulations shall recognize, as part of the minimum fair wage, gratuities in an amount equal to (1) twenty-nine and three-tenths per cent of the minimum fair wage per hour for persons employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive

gratuities, and (2) eight and two- tenths per cent of the minimum fair wage per hour for persons employed as bartenders who customarily and regularly receive gratuities. The commissioner may provide, in such regulations, modifications of the minimum fair wage herein established for learners and apprentices; persons under the age of eighteen years; and for such special cases or classes of cases as the commissioner finds appropriate to prevent curtailment of employment opportunities, avoid undue hardship and safeguard the minimum fair wage herein established. Sec. 2 (a) Any employer who pays or agrees to pay to an employee less than the minimum fair wage or overtime wage shall be deemed in violation of the provisions of this part. (b) The Labor Commissioner shall adopt such regulations, in accordance with the provisions of chapter 54, as may be appropriate to carry out the purposes of this part. Such regulations may include, but are not limited to, regulations defining and governing an executive, administrative or professional employee and outside salesperson; learners and apprentices, their number, proportion and length of service; and piece rates in relation to time rates; and shall recognize, as part of the minimum fair wage, gratuities in an amount (1) equal to twenty-nine and three-tenths per cent, and effective January 1, 2009, equal to thirty-one per cent of the minimum fair wage per hour, and effective January 1, 2014, equal to thirty-four and six-tenths per cent of the minimum fair wage per hour, and effective January 1, 2015, equal to thirty-six and eight-tenths per cent of the minimum fair wage per hour for persons, other than bartenders, who are employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive gratuities, (2) equal to eight and two-tenths per cent, and effective January 1, 2009, equal to eleven per cent of the minimum fair wage per hour, and effective January 1, 2014, equal to fifteen and six-tenths per cent of the minimum fair wage per hour, and effective January 1, 2015, equal to eighteen and one-half per cent of the minimum wage per hour for persons employed as bartenders who customarily and regularly receive gratuities, and (3) not to exceed thirty-five cents per hour in any other industry, and shall also recognize deductions and allowances for the value of board, in the amount of eighty-five cents for a full meal and forty-five cents for a light meal, lodging, apparel or other items or services supplied by the employer; and other special conditions or circumstances which may be usual in a particular employer-employee relationship. The commissioner may provide, in such regulations, modifications of the minimum fair wage herein established for learners and apprentices; persons under the age of eighteen years; and for such special cases or classes of cases as the commissioner finds appropriate to prevent curtailment of employment opportunities, avoid undue hardship and safeguard the minimum fair wage herein established. Regulations in effect on July 1, 1973, providing for a board deduction and allowance in an amount differing from that provided in this section shall be construed to be amended consistent with this section without the necessity of convening a wage board or amending such regulations. (c) Regulations adopted by the commissioner pursuant to subsection (b) of this section which define executive, administrative and professional employees shall be updated not later than October 1, 2000, and every four years thereafter, to specify that such persons shall be compensated on a salary basis at a rate determined by the Labor Commissioner. 31-67. The commissioner may cause to be issued, to any person whose earning capacity is impaired by age or physical or mental deficiency or injury, a special license authorizing employment at such wages less than the minimum fair wage and for such period of time as is fixed by the commissioner and stated in the license. 31-53 (f) Each employer subject to the provisions of this section or section 31-54 shall (1) keep, maintain and preserve such records relating to the wages and hours worked by each person performing the work of any mechanic, laborer and worker and a schedule of the occupation or work classification at which each person performing the work of any mechanic, laborer or worker on the project is employed during each work day and week in such manner and form as the Labor Commissioner establishes to assure the proper payments due to such persons or employee welfare funds under this section or section 31-54, regardless of any contractual relationship alleged to exist between the contractor and such person, and (2) submit monthly to the contracting agency by mail, first class postage prepaid, a certified payroll that shall consist of a complete copy of such records accompanied by a statement signed by the employer that indicates (A) such records are correct; (B) the rate of wages paid to each person performing the work of any mechanic, laborer or worker and the amount of payment or contributions paid or payable on behalf of each such person to any employee welfare fund, as defined in subsection (h) of this section, are not less than the prevailing rate of wages and the amount of payment or contributions paid or payable on behalf of each such person to any employee welfare fund, as determined by the Labor Commissioner pursuant to subsection (d) of this section, and not less than those required by the contract to be paid; (C) the employer has complied with the provisions of this section and section 31-54; (D) each such person is covered by a workers' compensation insurance policy for the duration of such person's employment, which shall be demonstrated by submitting to the contracting agency the name of the workers' compensation insurance carrier covering each such person, the effective and expiration dates of each policy and each policy number; (E) the employer does not receive kickbacks, as defined in 41 USC 52, from any employee or employee welfare fund; and (F) pursuant to the provisions of section 53a-157a, the employer is aware that filing a certified payroll which the employer knows to be false is a class D felony for which the employer may be fined up to five thousand dollars, imprisoned for up to five years, or both. This subsection shall not be construed to prohibit a general contractor from relying on the certification of a lower tier subcontractor, provided the general contractor shall not be exempted from the provisions of

section 53a-157a if the general contractor knowingly relies upon a subcontractor's false certification. Notwithstanding the provisions of section 1-210, the certified payroll shall be considered a public record and every person shall have the right to inspect and copy such records in accordance with the provisions of section 1-212. The provisions of subsections (a) and (b) of section 31-59 and sections 31-66 and 31-69 that are not inconsistent with the provisions of this section or section 31-54 apply to this section. Failing to file a certified payroll pursuant to subdivision (2) of this subsection is a class D felony for which the employer may be fined up to five thousand dollars, imprisoned for up to five years, or both. 31-57f. On and after July 1, 2000, the wages paid on an hourly basis to any employee of a required employer in the provision of food, building, property or equipment services provided to the state pursuant to a contract or agreement with the state or any state agent, shall be at a rate not less than the standard rate determined by the Labor Commissioner pursuant to subsection (g) of this section. (http://www.ctdol.state.ct.us/wgwkstnd/wgemenu.htm#prevailing%20wage) [Editors Note] The current living wage rate for Hartford for 2005-2006 is $10.23 per hour if benefits are provided and $14.97 per hour if benefits are not provided. The living wage rate for New Britain is $10.97 per hour. [Editor's Note] Effective July 1, 2006 the living wage rate for New Haven will increase to $11.50 per hour. [Editors Note] Effective July 1, 2006 the new living wage rate for Hartford is $10.58 per hour if benefits are provided and $15.39 per hour if no benefits are provided. Delaware 902. (a) Every employer shall pay wages of a rate of not less than $6.15 per hour through December 31, 2006, and $6.65 per hour effective January 1, 2007, $7.15 per hour effective January 1, 2008, and $7.25 per hour effective July 24, 2009 to every employee in any occupation, except as may be otherwise provided under this chapter. Upon the establishment of a federal minimum wage in excess of the State minimum wage, the minimum wage in this State shall be equal in amount to the federal minimum wage, except as may otherwise be provided under this chapter. (b) Gratuities received by employees engaged in occupations in which gratuities customarily constitute part of the remuneration may be considered wages for purposes of this chapter in an amount equal to the tip credit percentage, as set by the federal government as of June 15, 2006, of the minimum rate as set forth in subsection (a) of this section. In no event shall the minimum rate, under this subsection, be less than $2.23 per hour. (c) For purposes of this section: (1) An employee engaged in an occupation in which gratuities customarily constitute part of the remuneration shall be any worker engaged in an occupation in which workers customarily and regularly receive more than $30 per month in tips or gratuities. (2) "Gratuities" means monetary contributions received directly or indirectly by an employee from a guest, patron or customer for services rendered where the customer is entirely free to determine whether to make any payment at all and, if so, the amount. (3) A "primary direct service employee" is one who in a given situation performs the main direct service for a customer and is to be considered the recipient of the gratuity. (4) A "service charge" is an obligatory sum of money included in the statement of charges. Clear and conspicuous notice must be made on either the menu, placard, the front of the statement of charges or other notice given to the customer indicating that all or part of the service charge is the property of the management. Such notice must be clearly printed, stamped or written in bold type. A service charge assessed to customers, patrons or guests without such notice is the property of the primary direct service employee(s). For the purposes of this section, type which is at least 18 point (one-fourth inch) on the placard, or 10 point (one-eighth inch) or larger on all other notices shall be considered clear and conspicuous. (d)(1) Any gratuity received by an employee, indicated on any receipt as a gratuity, or deposited in or about a place of business for direct services rendered by an employee is the sole property of the primary direct service employee and may not be taken or retained by the employer except as required by state or federal law. (2) Employees may establish a system for the sharing or pooling of gratuities among direct service employees, provided that the employer shall not in any fashion require or coerce employees to agree upon such a system. Where more than 1 direct service employee provides personal service to the same customer from whom gratuities are received, the employer may require that such employees establish a tip pooling or sharing system not to exceed 15% of the primary direct service employee's gratuities. The employer shall not, under any circumstances, receive any portion of the gratuities received by the employees. (3) The Department may require the employer to pay restitution if the employer diverts any gratuities of its employees in the amount of the gratuities diverted. If the records maintained by the employer do not provide sufficient information to determine the exact amount of gratuities diverted, the Department may make a determination of gratuities diverted based on available evidence. District of Columbia 32-1003. (a)(1) As of January 1, 2009, the minimum wage required to be paid to any employee by any employer in the District of Columbia shall be $8.25 an hour, or the minimum wage set by the United States government pursuant to the Fair Labor Standards Act (29 U.S.C. 206 et seq.), plus $1, whichever is greater. All handicapped workers shall be paid at a rate not less than the minimum wage, except in those instances where a certificate has been issued by the United States Department of Labor that authorizes the payment of less to handicapped workers under 214(c) of the Fair Labor Standards Act.

(e) No employer shall be deemed to have violated subsection (c) of this section if the employee works for a retail or service establishment and: (1) The regular rate of pay of the employee is in excess of 1 1/2 times the minimum hourly rate applicable to the employee under this subchapter; and (2) More than 1/2 of the employee's compensation for a representative period (not less than 1 month) represents commissions on goods or services. (f) As of January 1, 2005, the minimum wage required to be paid by any employer in the District of Columbia to any employee who receives gratuities shall be $2.77 an hour, provided that the employee actually receives gratuities in an amount at least equal to the difference between the hourly wage paid and the minimum wage as set by subsection (a) of this section. (g) Subsection (f) of this section shall not apply to an employee who receives gratuities unless: (1) The employee has been informed by the employer of the provisions of subsection (f) of this section; and (2) All gratuities received by the employee have been retained by the employee, except that this provision shall not be construed to prohibit the pooling of gratuities among employees who customarily receive gratuities. Florida The Living Wage Rate, authorized by the Living Wage Act of 2006, determines the pay rate employers receiving economic development assistance or funding from the District must offer workers. All recipients of government contracts or assistance of $100,000 or more are required to pay their employees no less than the living wage authorized by the District. All subcontractors of contracts for $15,000 or more must also pay their employees the living wage. A living wage is also paid to employees of the District government effective March 1, 2006. Originally set by law at $11.75, the Living Wage Rate is reviewed on an annual basis and can be adjusted to account for annual average increase, if any, in the Consumer Price Index for all Urban Consumers in the Washington Metropolitan Statistical Area published by the Bureau of Labor Statistics of the United States Department of Labor. Based on that, the 2014 Living Wage Rate remains at $13.60 per hour, effective January 1, 2014. Article X, Section 24 Sec. 24.Florida minimum wage; Increases each January 1 tied to inflation. Public Policy. All working Floridians are entitled to be paid a minimum wage that is sufficient to provide a decent and healthy life for them and their families, that protects their employers from unfair low-wage competition, and that does not force them to rely on taxpayer-funded public services in order to avoid economic hardship. (b) Definitions. As used in this amendment, the terms "Employer," "Employee" and "Wage" shall have the meanings established under the federal Fair Labor Standards Act (FLSA) and its implementing regulations. (c) Minimum Wage. Employers shall pay Employees Wages no less than the Minimum Wage for all hours worked in Florida. Six months after enactment, the Minimum Wage shall be established at an hourly rate of $7.79 per hour, effective January 1, 2013. The minimum wage applies to all employees in the state who are covered by the federal minimum wage. Employers of tipped employees who meet eligibility requirements for the tip credit of $3.02 under the Federal Labor Standards Act (FLSA) must pay tipped employees a direct hourly wage of $4.77 per hour effective January 1, 2013, to equal $7.79 per hour. On September 30th of that year and on each following September 30th, the state Agency for Workforce Innovation shall calculate an adjusted Minimum Wage rate by increasing the current Minimum Wage rate by the rate of inflation during the twelve months prior to each September 1st using the consumer price index for urban wage earners and clerical workers, CPI- W, or a successor index as calculated by the United States Department of Labor. Each adjusted Minimum Wage rate calculated shall be published and take effect on the following January 1st. For tipped Employees meeting eligibility requirements for the tip credit under the FLSA, Employers may credit towards satisfaction of the Minimum Wage tips up to the amount of the allowable FLSA tip credit in 2003. (d) Retaliation Prohibited. It shall be unlawful for an Employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this amendment. Rights protected under this amendment include, but are not limited to, the right to file a complaint or inform any person about any party's alleged noncompliance with this amendment, and the right to inform any person of his or her potential rights under this amendment and to assist him or her in asserting such rights. (e) Enforcement. Persons aggrieved by a violation of this amendment may bring a civil action in a court of competent jurisdiction against an Employer or person violating this amendment and, upon prevailing, shall recover the full amount of any back wages unlawfully withheld plus the same amount as liquidated damages, and shall be awarded reasonable attorney's fees and costs. In addition, they shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, reinstatement in employment and/or injunctive relief. Any Employer or other person found liable for willfully violating this amendment shall also be subject to a fine payable to the state in the amount of $1000.00 for each violation. The state attorney general or other official designated by the state legislature may also bring a civil action to enforce this amendment. Actions to enforce this amendment shall be subject to a statute of limitations of four years or, in the case of willful violations, five years. Such actions may be brought as a class action pursuant to Rule 1.220 of the Florida Rules of Civil Procedure. (f) Additional Legislation, Implementation & Construction. Implementing legislation is not required in order to enforce this amendment. The state legislature may by statute establish additional remedies or fines for violations of this amendment, raise the applicable Minimum Wage rate, reduce the tip credit, or extend coverage of the Minimum Wage to employers or employees not covered by this amendment. The state legislature may by statute or the state Agency for Workforce Innovation may by regulation adopt any measures appropriate for the implementation of this amendment. This amendment provides for payment of a minimum wage and shall not be construed to

preempt or otherwise limit the authority of the state legislature or any other public body to adopt or enforce any other law, regulation, requirement, policy or standard that provides for payment of higher or supplemental wages or benefits, or that extends such protections to employers or employees not covered by this amendment. It is intended that case law, administrative interpretations, and other guiding standards developed under the federal FLSA shall guide the construction of this amendment and any implementing statutes or regulations. (g) Severability. If any part of this amendment, or the application of this amendment to any person or circumstance, is held invalid, the remainder of this amendment, including the application of such part to other persons or circumstances, shall not be affected by such a holding and shall continue in full force and effect. To this end, the parts of this amendment are severable. [Editor s Note:] The state of Florida has enacted living wage rate ordinances for the following cities/counties: City of Miami All service contractors entering into or renewing a contract (with a total value that exceeds $100,000 per year) to provide any of the following services shall pay their employees who provide such services a living wage of no less than $11.66 an hour with health benefits, or not less than $12.91 an hour without health benefits: food preparation and/or distribution; security services; routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and recycling; clerical or other nonsupervisory office work, whether temporary or permanent; transportation and parking services; printing and reproduction services; landscaping, lawn, and/or agricultural services (Living Wage Ordinance, enacted April 6, 2006; Code of the City of Miami, Florida, Ch. 18). Miami-Dade County All service contractors performing covered services with Miami-Dade County under contracts of at least $100,000 must pay their employees providing such services a living wage of no less than $12.06 per hour with health benefits, or otherwise, $13.82 per hour (rates effective through September 30, 2013). Covered services include food preparation and/or distribution; security services; routine maintenance services; clerical or other nonsupervisory office work; transportation and parking services; printing and reproduction services; and landscaping, lawn, and/or agricultural services (Sec. 2-8.9, Code of Miami-Dade County, Florida, as added by Ordinance No. 99-44, passed and adopted May 11, 1999). Miami Beach Service contractors entering into a contract with the City of Miami Beach involving the city's expenditure of over $100,000 per year must pay to all their employees who provide covered services (food preparation and/or distribution; security services/routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and recycling; clerical or other nonsupervisory office work, whether temporary or permanent; transportation and parking services; printing and reproduction services; landscaping, lawn and/or agricultural services; and park and public place maintenance) a living wage of no less than $8.56 an hour with health benefits or a living wage of not less than $9.81 an hour without health benefits. Effective October 1, 2012, for fiscal year 2012-13, the living wage will increase to $11.28 per hour with health benefits of at least $1.64 per hour and to $12.92 per hour without benefits. Broward County All service contractors entering into, renewing or extending a contract to provide covered services to the county must pay their employees providing covered services a living wage of no less than $11.46 per hour with minimum health benefits of $1.49 per hour, or otherwise $12.95 per hour, effective January 1, 2013 Palm Beach County Effective through September 30, 2013, Palm Beach County must pay a living wage of $11.40 per hour to all county employees providing any services within the scope of their county employment. Noncounty employers must pay the living wage to all noncounty employees directly providing construction-related services. The rate is to be adjusted annually. Georgia Orlando All contracts of over $100,000 per year for covered services, whether created for a particular purpose or a form contract, shall include a provision requiring all covered service contractors, as well as their subcontractors, to pay to all of their employees providing services pursuant to a contract with the city, a living wage (not less than $8.50 per hour for straight time, exclusive of FICA, unemployment taxes, workers' compensation insurance and employee benefits) for that time spent providing covered services to the city. 34-4-3. (a) Except as otherwise provided in this Code section, every employer, whether a person, firm, or corporation, shall pay to all covered employees a minimum wage which shall be not less than $5.15 per hour for each hour worked in the employment of such employer. [Note: Employers subject to federal law must pay employees the federal minimum wage rate of $7.25 per hour effective July 24, 2009)

Hawaii 34-4-4. (a) The Commissioner of Labor is authorized to grant exemptions to certain categories of organizations and businesses for the purpose of exempting them from the operation of this chapter. The exemptions so granted shall be based upon considerations of the value of allowing certain classes of persons to be employed at rates below the minimum rate because of overriding considerations of public policy to allow employment of certain persons with disabilities and others who cannot otherwise compete effectively in the labor market. 387-1, Hawaii Revised Statutes, is amended by amending the definition of "wage" to read as follows: "Wage" means (except as the department may provide under section 387-11) legal tender of the United States or checks on banks convertible into cash on demand at full face value thereof and in addition thereto the reasonable cost as determined by the department, to the employer of furnishing an employee with board, lodging, or other facilities if such board, lodging, or other facilities are customarily furnished by such employer to the employer's employees. Except for the purposes of section 387-2(b), "wage" shall not include tips or gratuities of any kind. 387-2 Minimum wages. (a) Except as provided in section 387 9 and this section, every employer shall pay to each employee employed by the employer, wages at the rate of not less than: (1) $6.25 per hour beginning January 1, 2003; (2) $6.75 per hour beginning January 1, 2006; (3) $7.25 per hour beginning January 1, 2007; and (4) $7.75 per hour beginning July 1, 2013. (b) The hourly wage of a tipped employee may be deemed to be increased on account of tips if the employee is paid not less than 25 cents below the applicable minimum wage by the employee's employer and the combined amount the employee receives from the employee's employer and in tips is at least 50 cents more than the applicable minimum wage. (c) On September 30, 2013, and on each following September 30, the department of labor and industrial relations shall calculate an adjusted minimum wage rate to maintain employee purchasing power by increasing the current year's minimum wage rate by the rate of inflation. The adjusted minimum wage rate shall be calculated to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index, for the twelve months prior to each September 1 as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated under this subsection shall take effect on the following January 1, with the initial adjusted minimum wage rate to take effect on January 1, 2014." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2013. Sec. 387-6. Hawaii Wage and Hour Law; Employer notice, posting and recordkeeping requirements; Furnishing of pay data; Enforcement; Director's rights and duties (Effective. until 1/1/2014) (a) Every employer shall keep in or about the premises wherein any employee is employed a record of the name, address, and occupation of each such employee, of the amount paid each pay period to each such employee, of the hours worked each day and each work week by each such employee, and of such other information and for such periods of time as the director of labor and industrial relations may by regulation prescribe. The director or his authorized representative shall for the purpose of examination have access to and the right to copy from such records. Every employer shall furnish to the director or the director's authorized representative such information relating to the employment of workers and in such manner as the director may prescribe. (b) Every employer shall post and keep posted such notices pertaining to the application of the law as shall be prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way to or from the employee's place of employment. (c) Every employer shall furnish each employee at every pay period a legible printed, typewritten, or handwritten notice showing the employee's: (1) Total hours worked; (2) Overtime hours; (3) Straight-time compensation; (4) Overtime compensation; (5) Other compensation; (6) Total gross compensation; (7) Amount and purpose of each deduction; (8) Total net compensation; (9) Date of payment; and (10) Pay period covered. provided that in lieu of the printed, typewritten, or handwritten notice required by this subsection and upon receipt of written authorization from the employee, the employer may provide an electronic notice that may be electronically accessed by the employee. (d) The director shall cause this chapter to be printed and copies thereof shall be furnished to interested persons upon request without charge. Copies of orders of the director and of rules and regulations of the director shall also be furnished to employers affected thereby without charge. (e) Every employer shall permit the director or his authorized representative to confer with and interrogate any employee of the employer at the place of employment and during working hours with respect to any matter cognizable under this chapter. 387-9 Special minimum wages for learners; apprentices; full-time students; paroled wards of Hawaii youth correctional facility; handicapped workers. (a) Notwithstanding the provisions of section 387-2, the director may by rules provide for the employment: (1) Of learners, of apprentices, of part-time employees who are full-time students attending public or private schools other than colleges, universities, business schools, or technical schools, and of wards paroled from the Hawaii youth correctional facility, under special certificates issued by the director, at such wages lower than the applicable minimum wage and subject to such limitations as to time, number, proportion, and length of service as the director shall prescribe; [and] provided that the wages of meal ticket and adult supervisors of the department of education shall be subject to section 387-2; and (2) Of individuals whose earning capacity is impaired by

old age or physical or mental deficiency or injury, under special certificates issued by the director, at such wages lower than the applicable minimum wage and for such period as shall be fixed in the certificates. (b) (1) After June 30, 1974, and until June 30, 1976, notwithstanding the provisions of section 387-2 and of the foregoing subsection, an employer engaged in a seasonal pursuit may employ an employee: (A) To whom the minimum wage rate required by section 387-2 would apply in such employment but for this subsection, and (B) Who is a full-time student who attended a public or private school, other than a college, university, business school or technical school, for at least six months during the preceding twelve-month period, at a special minimum wage rate not less than eighty-five per centum of a minimum wage applicable under section 387-2. (2) The director may, by regulation, prescribe standards and requirements to ensure that this subsection will not create a substantial probability of reducing the full-time employment opportunities of persons other than those to whom the special minimum wage rate authorized by this subsection is applicable. Idaho 104-2 Contracts in excess of$2,000 must state the minimum wages to be paid to laborers. This provision does not apply to experimental and demonstration housing projects costing less than $500,000, when the bidder or developer is a nonprofit corporation. 44-1502. (1) Except as hereinafter otherwise provided, no employer shall pay to any of his employees any wages computed at a rate of less than seven dollars and twenty-five cents ($7.25) commencing July 24, 2009. The amount of the minimum wage shall conform to, and track with, the federal minimum wage. (2) In determining the wage of a tipped employee, the amount of direct wages paid by an employer to the employee shall be deemed to be increased on account of tips actually received by the employee; provided however, the direct wages paid to the employee by the employer shall not be in an amount less than three dollars and thirty-five cents ($3.35) an hour. If the tips actually received by the employee combined with the direct wages paid by the employer do not at least equal the minimum wage, the employer must make up the difference. In the event a dispute arises between the employee and the employer with respect to the amount of tips actually received by the employee, it shall be the employer's burden to demonstrate the amount of tips actually received by the employee. Any portion of tips paid to an employee, which is shared with other employees under a tip pooling or similar arrangement, shall not be deemed, for the purpose of this section, to be tips actually received by the employee. (3) In lieu of the rate prescribed by subsection (1) of this section, an employer may pay an employee who has not attained twenty (20) years of age a wage which is not less than four dollars and twenty-five cents ($4.25) an hour during the first ninety (90) consecutive calendar days after such employee is initially employed. No employer may take any action to displace employees (including partial displacements such as reduction in hours, wages or employment benefits) for purposes of hiring individuals at the wage authorized in this subsection. 44-1504. The provisions of this act shall not apply to:(1) Any employee employed in a bona fide executive, administrative or professional capacity; or(2) Anyone engaged in domestic service; or(3) Any individual employed as an outside salesman; or(4) Seasonal employees of a nonprofit camping program; or(5) Any child under the age of sixteen (16) years working part time or at odd jobs not exceeding a total of four (4) hours per day with any one (1) employer; or (6) Any individual employed in agriculture if:(a) Such employee is the parent, spouse, child or other member of his employer's immediate family; or(b) Such employee is older than sixteen (16) years of age and:(i) Is employed as a harvest laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment, and(ii) Commutes daily from his permanent residence to the farm on which he is so employed, and(iii) Has been employed in agriculture less than thirteen (13) weeks during the preceding calendar year; orc) Such employee is sixteen (16) years of age or under and (i) Is employed as a harvest laborer, is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment, and(ii) Is employed on the same farm as his parent or person standing in the place of his parent, and(iii) Is paid at the same piece-rate basis as employees over the age of sixteen (16) years are paid on the same farm; or(d) Such employee is principally engaged in the range production of livestock. 44-1505. The payment of the minimum wage under this act shall not apply to a worker with disabilities, if the employer is issued a special certificate, as provided now or hereafter under the federal fair labor standards act. Illinois 44-1506. For any employment in which the minimum wage is applicable, the director of the department of labor may issue to an apprentice or learner a special license authorizing the employment of such apprentice or learner for the time and under the conditions which he determines and at a wage less than the minimum wage established by this act. Apprentice or learner shall include a student or students enrolled in a bona fide secondary school program administered by an accredited school district which includes work training experience. The director may hold such hearings and conduct such investigations as he shall deem necessary before fixing a special wage for such apprentice or learner. 820 ILCS 105 Sec. 4. (a)(1) Every employer shall pay to each of his employees in every occupation

wages of not less than $2.30 per hour or in the case of employees under 18 years of age wages of not less than $1.95 per hour, except as provided in Sections 5 and 6 of this Act, and on and after January 1, 1984, every employer shall pay to each of his employees in every occupation wages of not less than $2.65 per hour or in the case of employees under 18 years of age wages of not less than $2.25 per hour, and on and after October 1, 1984 every employer shall pay to each of his employees in every occupation wages of not less than $3.00 per hour or in the case of employees under 18 years of age wages of not less than $2.55 per hour, and on or after July 1, 1985 every employer shall pay to each of his employees in every occupation wages of not less than $3.35 per hour or in the case of employees under 18 years of age wages of not less than $2.85 per hour, and from January 1, 2004 through December 31, 2004 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $5.50 per hour, and from January 1, 2005 through June 30, 2007 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $6.50 per hour, and from July 1, 2007 through June 30, 2008 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $7.50 per hour, and from July 1, 2008 through June 30, 2009 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $7.75 per hour, and from July 1, 2009 through June 30, 2010 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $8.00 per hour, and on and after July 1, 2010 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $8.25 per hour. (2) Unless an employee's wages are reduced under Section 6, then in lieu of the rate prescribed in item (1) of this subsection (a), an employer may pay an employee who is 18 years of age or older, during the first 90 consecutive calendar days after the employee is initially employed by the employer, a wage that is not more than 50 less than the wage prescribed in item (1) of this subsection (a). (3) At no time shall the wages paid to any employee under 18 years of age be more than 50 less than the wage required to be paid to employees who are at least 18 years of age under item (1) of this subsection (a). (b) No employer shall discriminate between employees on the basis of sex or mental or physical handicap, except as otherwise provided in this Act by paying wages to employees at a rate less than the rate at which he pays wages to employees for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential based on any other factor other than sex or mental or physical handicap, except as otherwise provided in this Act. (c) Every employer of an employee engaged in an occupation in which gratuities have customarily and usually constituted and have been recognized as part of the remuneration for hire purposes is entitled to an allowance for gratuities as part of the hourly wage rate provided in Section 4, subsection (a) in an amount not to exceed 40% of the applicable minimum wage rate. The Director shall require each employer desiring an allowance for gratuities to provide substantial evidence that the amount claimed, which may not exceed 40% of the applicable minimum wage rate, was received by the employee in the period for which the claim of exemption is made, and no part thereof was returned to the employer. (d) No camp counselor who resides on the premises of a seasonal camp of an organized not-for-profit corporation shall be subject to the adult minimum wage if the camp counselor (1) works 40 or more hours per week, and (2) receives a total weekly salary of not less than the adult minimum wage for a 40-hour week. If the counselor works less than 40 hours per week, the counselor shall be paid the minimum hourly wage for each hour worked. Every employer of a camp counselor under this subsection is entitled to an allowance for meals and lodging as part of the hourly wage rate provided in Section 4, subsection (a), in an amount not to exceed 25% of the minimum wage rate. (e) A camp counselor employed at a day camp of an organized not-for-profit corporation is not subject to the adult minimum wage if the camp counselor is paid a stipend on a onetime or periodic basis and, if the camp counselor is a minor, the minor's parent, guardian or other custodian has consented in writing to the terms of payment before the commencement of such employment. 210.500 a) No employer subject to the provisions of the Act may employ an individual with a disability at less than the minimum wage rate pursuant to Section 4 of the Act without first obtaining a license from the Director. b) An official application form for a license to employ an individual with a disability at a wage less than the minimum wage rate shall be provided by the Director. 210.200 a) The reasonable cost of meals and lodging furnished by the employer and actually used by the employee may be considered as part of the wage paid an employee only where customarily furnished to the employee. The employee must receive the meals and/or lodgings for which he or she is charged, and it is also essential that his/her acceptance thereof be voluntary and uncoerced. It is not sufficient that the meals and/or lodgings be furnished by an employer to justify the charge. It is necessary that the meals and/or lodgings are furnished regularly by the employer to his employees in the same or similar trade, business or enterprise in the same or similar communities. b) The employer may charge the employee the reasonable cost to the employer of furnishing meals and/or lodgings which cost does not include profit to

the employer and/or any affiliated person. 210.600 a) No employer subject to the provisions of the Act shall employ a learner at less than the minimum wage pursuant to Section 4 of the Act without first obtaining a license from the Director. An employer may at no time pay a learner less than the minimum rate provided by Section 6 of the Act. b) No person shall be deemed a learner at an establishment in an occupation for which he has completed the required training. A learner, having completed his/her required training, must thereupon be paid at wages not less than the minimum wage required by Section 4 of the Act. c) The period of learning may not exceed six months, except where the Director determines, following investigation, that the occupation for which the learner is to be trained requires in excess of six months of such training to attain a level of minimum proficiency. A special request must be made by any employer seeking to extend the training period, upon forms provided by the Department. d)the employer has the burden of establishing that, for the occupation for which the learner is to be trained, there is a bona fide training program for the occupation, and the length of the training period is reasonable in light of the skills required to attain a level of minimum proficiency. 210.640 A student learner may be paid at a sub-minimum wage rate in accordance with Section 6 of the Act for the length of the course or for the time in which he or she receives course credit, whichever is shorter. b) The employer or school must apply for a license to employ a student learner at a subminimum wage rate on official forms furnished by the Director. A license may be issued for the purpose of employing more than one student learner in the same capacity. Indiana 820 ILCS 130/1 It is the policy of the State of Illinois that a wage of no less than the general prevailing hourly rate as paid for work of a similar character in the locality in which the work is performed, shall be paid to all laborers, workers and mechanics employed by or on behalf of any and all public bodies engaged in public works. (http://www.state.il.us/agency/idol/cm/countym.htm) 22-2-2-8 (a) Every employer subject to the provisions of this chapter or to any rule or order issued under this chapter shall each pay period furnish to each employee a statement that includes at least the following. (3) A listing of the deductions made. (b) An employer shall furnish to the commissioner upon demand a sworn statement of the information furnished to an employee under subsection (a). Records relating to the information furnished shall be open to inspection by the commissioner, the commissioner's deputy, or any authorized agent of the department at any reasonable time. (c) Every employer subject to the provisions of this chapter or to any rule or order issued under this chapter shall post in a conspicuous place in the area where employees are employed a single page poster providing employees notice of the following information: (1) The current Indiana minimum wage. (2) An employee's basic rights under Indiana's minimum wage law. (3) Contact information to inform an employee how to obtain additional information from or to direct questions or complaints to the Indiana department of labor. (d) The commissioner shall furnish copies of this chapter and the rules and orders to employers without charge upon request. 22-8-1.1-35.1 (a) The board in the discharge of its functions may inspect the premises involved in the dispute. (b) The board shall select an administrative law judge under IC 4-21.5-3-9. However, if the board selects any individual who is not a member of the board, that individual must be an attorney. Any attorney so appointed shall receive reasonable compensation as determined by the commissioner. 22-2-2-4 (a) Every employer employing four (4) or more employees during a work week shall: (1) in any work week beginning on or after July 1, 1968, in which the employer is subject to the provisions of this chapter, pay each of the employer' employees wages of not less than one dollar and twenty-five cents ($1.25) per hour; (2) in any work week beginning on or after July 1, 1977, in which the employer is subject to this chapter, pay each of the employer's employees wages of not less than one dollar and fifty cents ($1.50) per hour; (3) in any work week beginning on or after January 1, 1978, in which the employer is subject to this chapter, pay each of the employer's employees wages of not less than one dollar and seventy-five cents ($1.75) per hour; and (4) in any work week beginning on or after January 1, 1979, in which the employer is subject to this chapter, pay each of the employer's employees wages of not less than two dollars ($2) per hour. (b) Except as provided in subsection (c), every employer employing at least two (2) employees during a work week shall, in any work week in which the employer is subject to this chapter, pay each of the employees in any work week beginning on and after July 1, 1990, and before October 1, 1998, wages of not less than three dollars and thirty-five cents ($3.35) per hour. (c) An employer subject to subsection (b) is permitted to apply a "tip credit" in determining the amount of cash wage paid to tipped employees. In determining the wage an employer is required to pay a tipped employee, the amount paid the employee by the employee's employer shall be an amount equal to: (1) the cash wage paid the employee, which for purposes of the determination shall be not less than the cash wage required to be paid to employees covered under the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 203(m)(1)) on August 20, 1996, which amount is two dollars and thirteen cents ($2.13) an hour; and (2) an additional amount on account of the tips received by the employee, which amount is equal to the difference between the wage specified in subdivision (1) and the wage in effect

under subsections (b), (f), (g), and (h). An employer is responsible for supporting the amount of tip credit taken through reported tips by the employees. (d) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which employees are employed, between employees on the basis of sex by paying to employees in such establishment a rate less than the rate at which the employer pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to: (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential based on any other factor other than sex. (e) An employer who is paying a wage rate differential in violation of subsection (d) shall not, in order to comply with subsection (d), reduce the wage rate of any employee, and no labor organization, or its agents, representing employees of an employer having employees subject to subsection (d) shall cause or attempt to cause such an employer to discriminate against an employee in violation of subsection (d). (f) Except as provided in subsection (c), every employer employing at least two (2) employees during a work week shall, in any work week in which the employer is subject to this chapter, pay each of the employees in any work week beginning on or after October 1, 1998, and before March 1, 1999, wages of not less than four dollars and twenty-five cents ($4.25) per hour. (g) Except as provided in subsections (c) and (j), every employer employing at least two (2) employees during a work week shall, in any work week in which the employer is subject to this chapter, pay each of the employees in any work week beginning on or after March 1, 1999, and before July 1, 2007, wages of not less than five dollars and fifteen cents ($5.15) an hour. (h) Except as provided in subsections (c) and (j), every employer employing at least two (2) employees during a work week shall, in any work week in which the employer is subject to this chapter, pay each of the employees in any work week beginning on or after June 30, 2007, wages of not less than the minimum wage payable under the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.). (i) This section does not apply if an employee: (1) provides companionship services to the aged and infirm (as defined in 29 CFR 552.6); and (2) is employed by an employer or agency other than the family or household using the companionship services, as provided in 29 CFR 552.109 (a). (j) This subsection applies only to an employee who has not attained the age of twenty (20) years. Instead of the rates prescribed by subsections (c), (f), (g), and (h), an employer may pay an employee of the employer, during the first ninety (90) consecutive calendar days after the employee is initially employed by the employer, a wage which is not less than: (1) four dollars and twenty-five cents ($4.25) per hour, effective March 1, 1999; and (2) the amount payable under the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), during the first ninety (90) consecutive calendar days after initial employment to an employee who has not attained twenty (20) years of age, effective July 1, 2007. However, no employer may take any action to displace employees (including partial displacements such as reduction in hours, wages, or employment benefits) for purposes of hiring individuals at the wage authorized in this subsection. (k) Except as otherwise provided in this section, no employer shall employ any employee for a work week longer than forty (40) hours unless the employee receives compensation for employment in excess of the hours above specified at a rate not less than one and one-half (1.5) times the regular rate at which the employee is employed. (l) For purposes of this section the following apply: (1) "Overtime compensation" means the compensation required by subsection (k). (2) "Compensatory time" and "compensatory time off" mean hours during which an employee is not working, which are not counted as hours worked during the applicable work week or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate. (3) "Regular rate" means the rate at which an employee is employed is considered to include all remuneration for employment paid to, or on behalf of, the employee, but is not considered to include the following: (A) Sums paid as gifts, payments in the nature of gifts made at Christmas time or on other special occasions, as a reward for service, the amounts of which are not measured by or dependent on hours worked, production, or efficiency. (B) Payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause, reasonable payments for traveling expenses, or other expenses, incurred by an employee in the furtherance of the employer's interests and properly reimbursable by the employer, and other similar payments to an employee which are not made as compensation for the employee's hours of employment. (C) Sums paid in recognition of services performed during a given period if: (i) both the fact that payment is to be made and the amount of the payment are determined at the sole discretion of the employer at or near the end of the period and not pursuant to any prior contract, agreement, or promise causing the employee to expect the payments regularly; (ii) the payments are made pursuant to a bona fide profit sharing plan or trust or bona fide thrift or savings plan, meeting the requirements of the administrator set forth in appropriately issued regulations, having due regard among other relevant factors, to the extent to which the amounts paid to the employee are determined without regard to hours of work, production, or efficiency; or (iii) the payments are talent fees paid to performers, including announcers, on radio and television programs. (D) Contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing old age, retirement, life, accident, or health insurance or similar benefits for employees. (E) Extra compensation provided by a premium rate paid for certain hours worked by the employee in any day or work week because those hours are hours worked in excess of eight (8) in a day or in excess of the maximum work week applicable to the employee under subsection (k) or in excess of the employee's normal working hours or regular working hours, as the case may be. (F) Extra compensation provided by a premium rate paid for work by the

employee on Saturdays, Sundays, holidays, or regular days of rest, or on the sixth or seventh day of the work week, where the premium rate is not less than one and one-half (1.5) times the rate established in good faith for like work performed in nonovertime hours on other days. (G) Extra compensation provided by a premium rate paid to the employee, in pursuance of an applicable employment contract or collective bargaining agreement, for work outside of the hours established in good faith by the contract or agreement as the basic, normal, or regular workday (not exceeding eight (8) hours) or work week (not exceeding the maximum work week applicable to the employee under subsection (k)) where the premium rate is not less than one and one-half (1.5) times the rate established in good faith by the contract or agreement for like work performed during the workday or work week. (m) No employer shall be considered to have violated subsection (k) by employing any employee for a work week in excess of that specified in subsection (k) without paying the compensation for overtime employment prescribed therein if the employee is so employed:(1) in pursuance of an agreement, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that no employee shall be employed more than one thousand forty (1,040) hours during any period of twenty-six (26) consecutive weeks; or (2) in pursuance of an agreement, made as a result of collective bargaining by representatives of employees certified as bona fide by the National Labor Relations Board, which provides that during a specified period of fifty-two (52) consecutive weeks the employee shall be employed not more than two thousand two hundred forty (2,240) hours and shall be guaranteed not less than one thousand eight hundred forty (1,840) hours (or not less than forty-six (46) weeks at the normal number of hours worked per week, but not less than thirty (30) hours per week) and not more than two thousand eighty (2,080) hours of employment for which the employee shall receive compensation for all hours guaranteed or worked at rates not less than those applicable under the agreement to the work performed and for all hours in excess of the guaranty which are also in excess of the maximum work week applicable to the employee under subsection (k) or two thousand eighty (2,080) in that period at rates not less than one and one-half (1.5) times the regular rate at which the employee is employed. (n) No employer shall be considered to have violated subsection (k) by employing any employee for a work week in excess of the maximum work week applicable to the employee under subsection (k) if the employee is employed pursuant to a bona fide individual contract, or pursuant to an agreement made as a result of collective bargaining by representatives of employees, if the duties of the employee necessitate irregular hours of work, and the contract or agreement includes the following:(1) Specifies a regular rate of pay of not less than the minimum hourly rate provided in subsections (c), (h), and (j) (whichever is applicable) and compensation at not less than one and one-half (1.5) times that rate for all hours worked in excess of the maximum work week. (2) Provides a weekly guaranty of pay for not more than sixty (60) hours based on the rates so specified. (o) No employer shall be considered to have violated subsection (k) by employing any employee for a work week in excess of the maximum work week applicable to the employee under that subsection if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, the amount paid to the employee for the number of hours worked by the employee in the work week in excess of the maximum work week applicable to the employee under that subsection: (1) in the case of an employee employed at piece rates, is computed at piece rates not less than one and one-half (1.5) times the bona fide piece rates applicable to the same work when performed during nonovertime hours; (2) in the case of an employee performing two (2) or more kinds of work for which different hourly or piece rates have been established, is computed at rates not less than one and one-half (1.5) times those bona fide rates applicable to the same work when performed during nonovertime hours; or (3) is computed at a rate not less than one and one-half (1.5) times the rate established by the agreement or understanding as the basic rate to be used in computing overtime compensation thereunder, provided that the rate so established shall be substantially equivalent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative period of time; and if the employee's average hourly earnings for the work week exclusive of payments described in this section are not less than the minimum hourly rate required by applicable law, and extra overtime compensation is properly computed and paid on other forms of additional pay required to be included in computing the regular rate. (p) Extra compensation paid as described in this section shall be creditable toward overtime compensation payable pursuant to this section. (q) No employer shall be considered to have violated subsection (k) by employing any employee of a retail or service establishment for a work week in excess of the applicable work week specified therein, if: (1) the regular rate of pay of the employee is in excess of one and onehalf (1.5) times the minimum hourly rate applicable to the employee under section 2 of this chapter; and (2) more than half of the employee's compensation for a representative period (not less than one (1) month) represents commissions on goods or services. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be considered commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee. (r) No employer engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or individuals with a mental illness or defect who reside on the premises shall be considered to have violated subsection (k) if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen (14) consecutive days is accepted in lieu of the work week of seven (7) consecutive days for purposes of overtime computation and if, for the employee's employment in excess of eight (8) hours in any workday and in excess of eighty (80) hours in that fourteen (14) day period, the employee receives compensation at a rate not less than one and one-

half (1.5) times the regular rate at which the employee is employed. (s) No employer shall employ any employee in domestic service in one (1) or more households for a work week longer than forty (40) hours unless the employee receives compensation for that employment in accordance with subsection (k). (t) In the case of an employee of an employer engaged in the business of operating a street, a suburban or interurban electric railway, or a local trolley or motorbus carrier (regardless of whether or not the railway or carrier is public or private or operated for profit or not for profit), in determining the hours of employment of such an employee to which the rate prescribed by subsection (k) applies, there shall be excluded the hours the employee was employed in charter activities by the employer if both of the following apply: (1) The employee's employment in the charter activities was pursuant to an agreement or understanding with the employer arrived at before engaging in that employment. (2) If employment in the charter activities is not part of the employee's regular employment. (u) Any employer may employ any employee for a period or periods of not more than ten (10) hours in the aggregate in any work week in excess of the maximum work week specified in subsection (k) without paying the compensation for overtime employment prescribed in subsection (k), if during that period or periods the employee is receiving remedial education that: (1) is provided to employees who lack a high school diploma or educational attainment at the eighth grade level; (2) is designed to provide reading and other basic skills at an eighth grade level or below; and (3) does not include job specific training. (v) Subsection (k) does not apply to an employee of a motion picture theater. (w) Subsection (k) does not apply to an employee of a seasonal amusement or recreational establishment, an organized camp, or a religious or nonprofit educational conference center that is exempt under the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 213). 5-16-7-1. (a) Any firm, individual, partnership, limited liability company, or corporation that is awarded a contract by the state, a political subdivision, or a municipal corporation for the construction of a public work, and any subcontractor of the construction, shall pay for each class of work described in subsection (c)(1) on the project a scale of wages that may not be less than the common construction wage. (http://www.in.gov/labor/wagehour/constructionwage.html) 22-2-14 1. (a) Except as provided in subsection (b), this chapter applies to all covered vendors. (b) Covered vendors entering into the following types of service contracts and service subcontracts are exempt from this chapter: (1) A construction contract awarded by the state that is subject to the common construction wage (as defined in IC 5-16-7-4(1)). (2) A contract awarded to work-study or cooperative educational programs, if the contract is for a stipend to a student in the program. (3) A contract awarded by the department of correction, if contracted employees are inmates of institutions. (4) A contract awarded by the department of education, if contracted employees are paid a stipend for: (A) proctoring; (B) grading: (C) supervising; or (D) recording; examinations. (5) Contracts awarded to vendors that provide: (A) services to the state; and (B) a stipend or wage to trainees as part of a job training program, if the trainees do not replace current state funded positions (c) The prospective covered vendor seeking an exemption under subsection (b) must submit an affidavit to the department and to the contracting agency that: (1) is on a form approved by the department and provided by the contracting agency; (2) is signed by a principal officer of the prospective covered vendor; and (3) states that at least one (1) of the exemptions in subsection (b) applies to the prospective covered vendor; in order for a prospective covered vendor to be considered for the granting of an exemption by the department from the requirements of this chapter. (d) The department may grant general exemptions if the application of this chapter to a particular service contract or subcontract would violate a specific state or federal statute, rule, regulation, or constitutional provision. All requests submitted by a prospective covered vendor for a general exemption must include the following: (1) The service contract or subcontract to which this chapter would otherwise apply. (2) The conflicting statutory, regulatory, or constitutional provision that makes compliance with this chapter unlawful, and a copy of each provision. (3) An explanation of: (A) why compliance with this chapter would violate the cited provision; and (B) the consequences that would result if the violation would occur. A general exemption request shall be submitted directly to the department, and a copy of the request shall be submitted to the contracting agency. (e) A contracting agency shall monitor and, when considered necessary, recommend to the department individual or group exemptions in cases where compliance with this chapter would cause undue economic hardship to a covered vendor or prospective covered vendor. An exemption under this subsection is subject to the department's approval after a public hearing in compliance with IC 5-14-1.5 on the exemption recommendation has been held. A hardship exemption recommendation must include the following: (1) The service contract or service subcontract to which this chapter applies. (2) The lower wage to be paid by the covered vendor. (3) A detailed explanation of how the payment of a living wage would cause undue economic hardship to the covered vendor. The explanation must include supporting financial statements. (f) The department shall determine whether an exemption from the requirements of this chapter shall be granted upon submission of: (1) an affidavit from a prospective vendor as set forth in subsection (c); (2) a general exemption request from a prospective vendor as set forth in subsection (d); or (3) a recommendation from the contracting department after a public hearing on the exemption recommendation has been held, in accordance with subsection (e); and shall inform the covered vendor or prospective covered vendor of the department's determination. Sec. 3. A contracting agency engaged in the awarding of contracts shall provide an explanation in writing, in a form prepared by the

department, of the requirements of this chapter in all requests for bids for service contracts with the state. A person who signs a service contract with the state shall forward a copy of the requirements to a person submitting a bid for a subcontract on the service contract. Sec. 4. (a) A covered vendor shall pay not less than the living wage to covered employees. (b) The living wage shall be: (1) calculated on an hourly basis; and (2) after June 30, 2008, at least nine dollars and ninety-three cents ($9.93). Before July 1 of each year after 2008, the department shall recalculate the living wage according to subsection (c). (c) The department shall recalculate the living wage before July 1 of each year after 2008 to provide that the living wage equals the highest of the following: (1) The hourly rate that, at forty (40) hours of work a week for fifty-two (52) weeks a year, would equal the federal income poverty level for a family of four (4) individuals. (2) The living wage in effect before the recalculation under this subsection, adjusted in proportion to the increase, as of the immediately preceding December 31 over the year earlier level, of the annual average Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the United States Department of Labor. (3) Adjustment to one hundred ten percent (110%) of the federal minimum wage in effect at the time of the recalculation under this subsection. Sec. 5. A covered vendor has the following duties: (1) With respect to maintenance of payroll records, a covered vendor shall maintain payrolls of each covered employee and related basic records for three (3) years. The basic records must include: (A) the name and address of each covered employee ; (B) each covered employee's job title and classification; (C) the number of hours worked each day by each covered employee; (D) each covered employee's: (i) gross wages; (ii) deductions made; and (iii) actual wages paid; (E) a record of fringe benefit payments, including: (i) contributions to approved plans, funds, or programs; (ii) additional cash payments; or (iii) both amounts under items (i) and (ii); and (F) any other data that may be required by the contracting agency from time to time.(2) With respect to examination of payrolls, a covered vendor shall permit a representative of the department to:(a) observe work being performed upon the work site; (B) interview employees, including those who are not covered employees; and (C) examine the books and records relating to the payrolls being investigated. (3) Before July 31 of each year, a covered vendor shall provide an annual report to the department of the employment activities of the covered vendor, including the job positions charged to the contract and the wage ranges of those positions. (4) A covered vendor shall inform its covered employees earning an amount as determined by the department of their rights in applying for and potentially receiving the federal earned income tax credit. The department shall assist covered vendors with implementation of this section. Sec. 6. A service contract or service subcontract between a contracting agency and the covered vendor must include the following: (1) The name of the program or project under which the contract or subcontract is being awarded. (2) The name, address, and phone number of a local contact representing the covered vendor. (3) A written commitment by a representative of the covered vendor to: (A) pay all covered employees not less than the living wage, subject to adjustment each July 1; and (B) comply with this chapter. (4) A workforce profile of covered employees paid for by the service contract or subcontract, including the employees' job titles with wage ranges. (5) For service contracts, a list of all service subcontracts either awarded or that will be awarded to vendors with funds from the service contract. A covered vendor awarded a service contract shall notify the contracting agency within three (3) working days after signing the service subcontract. 5-16-7-1 Sec. 1. (a) Any firm, individual, partnership, limited liability company, or corporation that is awarded a contract by the state, a political subdivision, or a municipal corporation for the construction of a public work, and any subcontractor of the construction, shall pay for each class of work described in subsection (c)(1) on the project a scale of wages that may not be less than the common construction wage. (b) For the purpose of ascertaining what the common construction wage is in the county, the awarding governmental agency, before advertising for the contract, shall set up a committee of five (5) persons as follows: (1) One (1) person representing labor, to be named by the president of the state federation of labor. (2) One (1) person representing industry, to be named by the awarding agency. (3) A third member to be named by the state president of the Associated Builders and Contractors. (4) One (1) taxpayer who pays the tax that will be the funding source for the project and resides in the county where the project is located. The owner of the project shall make the appointment under this subdivision. (5) One (1) taxpayer who pays the tax that will be the funding source for the project and resides in the county where the project is located. The legislative body (as defined in IC 36-1-2-9) for the county where the project is located shall make the appointment under this subdivision. (c) As soon as appointed, the committee shall meet in the county where the project is located and determine in writing the following: (1) A classification of the labor to be employed in the performance of the contract for the project, divided into the following three (3) classes: (A) Skilled labor. (B) Semiskilled labor. (C) Unskilled labor. (2) The wage per hour to be paid each of the classes. The committee is not required to consider information not presented to the committee at the meeting. IC 5-14- 1.5 (open door law) applies to a meeting of the committee. (d) The rate of wages determined by the committee under subsection (c) applies to any contract for which the awarding government agency lets not later than three (3) months after the date the committee determines the rate of wages. The committee shall establish wages for all classifications of work that may be employed on projects subject to contracts let by the awarding agency for three (3) months after the date the committee determines the rate of wages. If an awarding agency advertises for a contract that includes classifications that are not listed on the existing wage scale, the awarding agency shall form a new committee under subsection (b) to

determine the classifications and wages on the contract. (e) If the awarding government agency lets for a contract later than three (3) months after the committee determines the rate of wages, the awarding government agency shall form a new committee under subsection (b) to determine a rate of wages for the contract. The rate of wages determined under this subsection applies to any contract for which the awarding government agency lets not later than three (3) months after the rate of wages is determined under this subsection. (f) The rate of wages determined under subsection (c) shall not be less than the common construction wage for each of the three (3) classes of wages described in subsection (c) that are currently being paid in the county where the project is located. (g) This chapter does not apply to contracts let by the Indiana department of transportation for the construction of highways, streets, and bridges. IC 8-23-9 applies to state highway projects. (h) A determination under subsection (c) shall be made and filed with the awarding agency at least two (2) weeks prior to the date fixed for the letting, and a copy of the determination shall be furnished upon request to any person desiring to bid on the contract. The schedule is open to the inspection of the public. (i) If the committee appointed under subsection (b) fails to act and to file a determination under subsection (c) at or before the time required under subsection (h), the awarding agency shall make the determination, and its finding shall be final. (j) It shall be a condition of a contract awarded under this chapter that the successful bidder and all subcontractors shall comply strictly with the determination made under this section. (k) This chapter does not apply to public projects in Indiana that would otherwise be subject to this chapter that are to be paid for in whole or in part with funds granted by the federal government, unless the department of the federal government making the grant consents in writing that this chapter is applicable to the project. (l) Notwithstanding any other law, this chapter applies to projects that will be: (1) owned entirely; or (2) leased with an option to purchase; by the state or a political subdivision (as defined in IC 36-1-2-13). (m) Notwithstanding any other law, this chapter does not apply to projects in which the actual construction costs are less than the following: (1) For contracts awarded after December 31, 2011, and before January 1, 2013, two hundred fifty thousand dollars ($250,000). (2) For contracts awarded after December 31, 2012, three hundred fifty thousand dollars ($350,000). 5-16-7-4 Sec. 4. The following definitions apply throughout this chapter: (1) "Common construction wage" means a scale of wages for each class of work described in section 1(c)(1) of this chapter that is not less than the common construction wage of all construction wages being paid in the county where a project is located, as determined by the committee described in section 1(b) of this chapter after having considered the following: (A) Any reports with respect to wage scales submitted by the Indiana State Building and Construction Trades Council. (B) Any reports with respect to wage scales submitted by the Associated Builders and Contractors of Indiana. (C) Any other information submitted by any person to the committee established under section 1(b) of this chapter. (2) "State" " includes any officer, board, commission, or other agency authorized by law to award contracts for the performance of public work on behalf of the state, except as otherwise provided in this chapter. (3) "Municipal corporation" includes any county, city, town, or school corporation, or any officer, board, commission, or other agency authorized by law to award contracts for the performance of public work on behalf of a municipal corporation. The term also includes a redevelopment commission established under IC 36-7-14-3. (4) "Public work" includes any public building, highway, street, alley, bridge, sewer, drain, improvement, or any other work of any nature or character that is paid for out of public funds, except as otherwise provided in this chapter. 5-16-7-6 Sec. 6. (a) A public work project may not be artificially divided into two (2) or more projects to avoid the application of this chapter. (b) A bidder, quoter, or other person who is a party to a public work contract who knowingly violates this section commits a Class A infraction and may not be a party to, or benefit from, a public work contract for two (2) years after the date of the adjudication. (c) An officer or employee of the state or a municipal corporation who knowingly violates this section commits a Class A infraction. 1216.1.4. (a) As used in this SECTION, "legislative council" refers to the legislative council established by IC 2-5-1.1-1. (b) As used in this SECTION, "public works statute" refers to any of the following: (1) IC 4-13.6. (2) IC 5-16. (3) IC 8-10-1. (4) IC 8-23-9. (5) IC 36-1-12. (c) As used in this SECTION, "study committee" means either of the following: (1) A statutory committee established under IC 2-5. (2) An interim study committee. (d) The legislative council is urged to assign the following topics to a study committee during the 2011 legislative interim: (1) The use of an agreement with a labor organization on public works projects covered by a public works statute. (2) Job classifications used in a common construction wage determination. (e) If a topic described in subsection (d) is assigned to a study committee, the study committee shall determine whether legislation should be enacted to address the topic and, if so, the study committee shall recommend proposed legislation. (f) This SECTION expires December 31, 2011. [Editors Note] The current living wage rate for the City of Bloomington is $10.00 per hour, of which up to 15 percent may be in the form of health benefits. Iowa 91D.1 1. a. The state hourly wage shall be at least $6.20 as of April 1, 2007, and $7.25 as of January 1, 2008. b. Every employer, as defined in the federal Fair Labor Standards Act of 1938, as amended to

January 1, 2007, shall pay to each of the employer's employees, as defined in the federal Fair Labor Standards Act of 1938, as amended to January 1, 2007, the state hourly wage stated in paragraph "a", or the current federal minimum wage, pursuant to 29 U.S.C.} 206, as amended, whichever is greater. d. An employer is not required to pay an employee the applicable state hourly wage provided in paragraph "a" until the employee has completed ninety calendar days of employment with the employer. An employee who has completed ninety calendar days of employment with the employer prior to April 1 2007, or January 1, 2008, shall earn the applicable state hourly minimum wage as of that date. An employer shall pay an employee who has not completed ninety calendar days of employment with the employer an hourly wage of at least $5.30 as of April 1, 2007, and $6.35 as of January 1,2008. Sec. 2. LABOR COMMISSIONER DIRECTIVE. If the commissioner finds that an employer, as defined in the federal Fair Labor Standards Act of 1938, as amended to January 1, 2007, has failed to comply with the provisions of this Act prior to July 1, 2007, the commissioner shall enforce the provisions of this Act pursuant to chapter 91A, but shall not impose liquidated damages. 215.2(1) - 215.2(4) The wage rate requirement in rule 215.1(91D) does not apply until the employee has completed 90 calendar days of employment with the employer. The 90-day calendar period is counted from the employee's initial day of work. The employer shall pay to each employee who has not completed 90 calendar days of employment at least the following effective wage rates: Effective January 1, 1990, the state minimum initial employment wage rate shall be $3.35 per hour; effective January 1, 1991, the state minimum initial employment wage rate shall be $3.85 per hour; and effective January 1, 1992, the state minimum initial employment wage rate shall be $4.25 per hour. 215.2(2) If the state minimum initial employment wage rate changes during the 90-calendar-day period, the employer shall pay the new effective rate. ) If, after less than 90 calendar days from the initial day of work, the employee's employment is terminated and the employee is rehired by the same employer within three years of the initial hiring, the initial employment wage rate in effect at rehiring may be paid until the 90- calendar-day employment period is reached. If, after 90 calendar days from the initial day of work, the employee' employment is terminated and the employee is rehired in less than three years from the last date of employment, the employee shall not be employed at the initial employment wage rate. The rates specified in 215.1(2) shall apply as the minimum wage rate 216.30(1) With respect to persons employed as learners, apprentices, messengers or full-time students employed outside of their school hours in any retail or service establishment, in agriculture, or in institutions of higher education, or persons with a disability employed at special minimum hourly rates under special certificates pursuant to the federal Fair Labor Standards Act, 29 U.S.C. 214, employers shall maintain and preserve records containing the same information and data required with respect to other employees employed in the same occupations. 217.36(1) This chapter applies only to the applicable minimum wage for all hours worked. Any deduction indicated in this chapter as being permitted must meet the requirements of Iowa Code section 91A.5. To illustrate, where an employee works 40 hours a week at a cash wage rate of $3.85 an hour and is paid $154 in cash free and clear at the end of the workweek, and in addition is furnished facilities valued at $10, no consideration need be given to the question of whether the facilities meet the requirements, since the employee has received in cash the applicable minimum wage of $3.85 an hour for all hours worked. Similarly, where an employee is employed at a rate of $5 an hour and during a particular workweek works 40 hours for which cash payment of $200 is made, the employer having deducted $30 from wages for facilities furnished, whether the deduction meets the requirement of this chapter need not be considered, since the employee is still receiving, after the deduction has been made, a cash wage in excess of the required minimum hourly wage. 217.50(1) In determining the wage of a tipped employee, the amount paid to a tipped employee by the employer shall be deemed to be increased on account of tips by an amount determined by the employer, but not by an amount in excess of 40 percent of the applicable minimum wage rate, except that in the case of an employee who (either personally or acting through a representative) shows to the satisfaction of the commissioner that the actual amount of tips received was less than the amount determined by the employer as the amount by which the wage paid the employee was deemed to be increased under this sentence, the amount paid the employee by the employer shall be deemed to have been increased by the lesser amount. "Tipped employee" means any employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips. a. (1) The state hourly wage shall be at least $6.20 as of April 1, 2007, and $7.25 as of January 1, 2008. No later than September 30, 2008, and each September 30 thereafter, the labor commissioner shall calculate an adjustment of the wage amount specified in subparagraph (1) based upon the increase, from August of the preceding year to consumers for all items as prepared by the bureau of labor statistics of the United States department of labor or its successor. The wage amount established under this subparagraph shall be rounded to the nearest five cents and shall take effect as the state minimum hourly wage rate, replacing the amount specified in subparagraph (1), on of the following year. b.every employer, as defined in the federal Fair Labor Standards Act of 1938, as amended to January 1, 2007,

Kansas shall pay to each of the employer's employees, as defined in the federal Fair Labor Standards Act of 1938, as amended to January 1, 2007, the state hourly wage stated in paragraph "a", or the current federal minimum wage, pursuant to 29 U.S.C. } 206, as amended, whichever is greater. Sec. 2. Section 91D.1, subsection 1, paragraph d, Code 30 2007, is amended by striking the paragraph. Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment. 44-1203 (a) Except as otherwise provided in the minimum wage and maximum hours law, every employer shall pay to each employee wages at a rate of not less than $2.65 an hour. as follows: (1) Prior to September 1, 2009, employee wages shall be paid at a rate of not less than $2.65 an hour; and (2) on and after September 1, 2009, employee wages shall be paid at a rate of not less than $7.25 an hour, and on and after January 1, 2010, employee wages shall be paid at a rate of not less than $7.25 an hour. (b) In calculating such minimum wage rate, an employer may include tips and gratuities received by an employee in an amount equal to not more than 40% of the minimum wage rate if such tips and gratuities have customarily constituted part of the remuneration of the employee and if the employee concerned actually received and retained such tips and gratuities. The secretary shall require each employer desiring approval of an allowance for gratuities to provide substantial evidence of the amounts of such gratuities on account of which the employer has taken an allowance pursuant to this section. (b) (c) The provisions of this section shall not apply to any employers and employees who are covered under the provisions of section 6 of the fair labor standards act of 1938 as amended (29 U.S.C.A. 206), and as amended by the fair labor standards amendments of 1974 and any other acts amendatory thereof or supplemental thereto. 44-1211 (a) On and after January 1, 1978, any employer who pays an employee less than the wages and overtime compensation to which such employee is entitled, under or by virtue of K.S.A. 44-1201 to 44-1213, inclusive, and amendments thereto, shall be liable to such employee affected for the full triple the amount of such wages and overtime compensation, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney fees as may be allowed by the court in an action for the recovery of such wages and overtime compensation. Any agreement between such employee and the employer to work for less than the applicable wage rate shall be no defense to such action. Such action may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of such employee or employees. (b) On and after January 1, 1978 July 1, 2009, at the written request of any employee who has been paid less than the amount to which he or she such employee is entitled under the provisions of this act, the secretary may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable attorneys fees as may be allowed by the court. The secretary in case of suit shall have power to join various claimants against the same employer in one action. 49-31-5. a) Tips and gratuities received by an employee shall amount to twenty (20) dollars or more per month before such tips and gratuities customarily constitute part of the remuneration of such employee. The employer shall have the burden of proof, through substantial evidence, that the allowances taken for tips and gratuities are factual. The employer shall have the right to require the employee to certify a factual accounting of all tips and gratuities received by the employee. (b) Employers may make written application to the secretary of human resources for permits to employ handicapped workers, patient laborers at state institutions or hospitals, at a wage rate not lower than eighty-five (85) percent of the minimum wage rate herein required. No reduced wage shall be paid unless and until the employer has such permit from the secretary. Each permit shall expire one (1) year after it is issued. The following organizations may apply to the secretary of human resources for a blanket permit which allows the employment of handicapped persons at a reduced rate: state vocational rehabilitation agencies, state institutions and hospitals, and county or city hospitals. Any such application shall certify that no person will be so employed, unless it is approved and ordered by a staff doctor of the institution or hospital. A handicapped person may be employed beyond one (1) year at the reduced rate when a reevaluation by such agency, institution or hospital, determines that continued reduced wage rate is warranted. (c) Employers may make written application to the secretary of human resources for permits to employ learners and apprentices at wages lower than the minimum wage. These learners and apprentices shall not be a part of a formalized apprenticeship program approved by the Kansas apprenticeship council or the bureau of apprenticeship and training. Permits may be obtained as follows: Kentucky 68-2317 (a) Contracts entered into by the secretary of transportation for nonfederal aid state-funded projects shall be based on bid specifications prescribing that employees of any contractor or subcontractor shall be paid in accordance with prevailing wages determined in accordance with wage areas, job classifications and wage rates determined under the federal Davis-Bacon act. (b) Employees employed by contractors or subcontractors in the execution of nonfederal aid state-funded highway project contracts with the state of Kansas entered into by the secretary of transportation shall be paid at least the prevailing wage as determined in subsection (a). 337.275 (1) Except as may otherwise be provided by this chapter, every employer shall pay to each of his

employees wages at a rate of not less than five dollars and eighty-five cents ($5.85) an hour beginning on the effective date of this Act, not less than six dollars and fifty-five cents ($6.55) an hour beginning July 1, 2008, and not less than seven dollars and twenty-five cents ($7.25) an hour beginning July 1, 2009. If the federal minimum hourly wage as prescribed by 29 U.S.C. sec. 206(a)(1) is increased in excess of the minimum hourly wage in effect under this subsection, the minimum hourly wage under this subsection shall be increased to the same amount, effective on the same date as the federal minimum hourly wage rate. If the state minimum hourly wage is increased to the federal minimum hourly wage, it shall include only the federal minimum hourly rate prescribed in 29 U.S.C. sec. 206(a)(1) and shall not include other wage rates, or conditions, exclusions, or exceptions to the federal minimum hourly wage rate. In addition, the increase to the federal minimum hourly wage rate does not extend or modify the scope or coverage of the minimum wage rate required under this chapter. (2) Notwithstanding the provisions of subsection (1) of this section, for any employee engaged in an occupation in which he customarily and regularly receives more than thirty dollars ($30) per month in tips from patrons or others, the employer may pay as a minimum not less than the hourly wage rate required to be paid a tipped employee under the federal minimum hourly wage law as prescribed by 29 U.S.C. sec. 203. The employer shall establish by his records that for each week where credit is taken, when adding tips received to wages paid, not less than the minimum rate prescribed in 29 U.S.C. sec. 203 was received by the employee. No employer shall use all or part of any tips or gratuities received by employees toward the payment of the statutory minimum hourly wage as required by 29 U.S.C. sec. 203. Nothing, however, shall prevent employees from entering into an agreement to divide tips or gratuities among themselves. 337.010 Any individual classified and given a certificate by the commissioner showing a status of learner, apprentice, worker with a disability, sheltered workshop employee, and student under administrative procedures and administrative regulations prescribed and promulgated by the commissioner. This certificate shall authorize employment at the wages, less than the established fixed minimum fair wage rates, and for the period of time fixed by the commissioner and stated in the certificate issued to the person. Louisiana Maine 337.530 Where a prevailing rate of wages has been determined and prescribed, the contract executed between a public authority and the successful bidder or contractor shall contain a provision requiring the successful bidder and all of his subcontractors to pay not less than the rate of wages so established. The successful bidder or contractor and all subcontractors shall strictly comply with these provisions of the contract. (http://www.labor.ky.gov/esat/pwage.htm) 23:642. Pursuant to the police powers ultimately reserved to the state by Article VI, Section 9 of the Constitution of Louisiana, no local governmental subdivision shall establish a minimum wage rate which a private employer would be required to pay employees. Employers covered by the FLSA will be required to pay employees in accordance with the federal minimum wage rate of $7.25 per hour. 663 Service employee. "Service employee" means any employee engaged in an occupation, such as waiters, waitresses, bellhops, counter personnel and bartenders who serve customers, in which the employee customarily and regularly receives more than $30 a month in tips. 2. Tip credit. An employer may consider tips as part of the wages of a service employee, but such a tip credit may not exceed 50% of the minimum hourly wage established in this section. An employer who elects to use the tip credit must inform the affected employee in advance and must be able to show that the employee receives at least the minimum hourly wage when direct wages and the tip credit are combined. Upon a satisfactory showing by the employee or the employee's representative that the actual tips received were less than the tip credit, the employer shall increase the direct wages by the difference. 664 1. The minimum hourly wage is $6.50 per hour. Starting October 1, 2006, the minimum hourly wage is $6.75 per hour. Starting October 1, 2007, the minimum hourly wage is $7.00 per hour. Starting October 1, 2008, the minimum hourly wage is $7.25 per hour. Starting October 1, 2009, the minimum hourly wage is $7.50 per hour. On September 30, 2009, and on September 30th of each year thereafter, the Department of Labor shall calculate an adjusted minimum wage rate to maintain employee purchasing power. The adjusted minimum wage must be calculated to the nearest cent using the Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W, or a successor index, for the 12 months prior to each September 1st, as calculated by the United States Department of Labor. Each adjusted minimum wage rate so calculated takes effect January 1st of the following year. If the highest federal minimum wage is increased in excess of the minimum wage in effect under this section, the minimum wage under this section is increased to the same amount, effective on the same date as the increase in the federal minimum wage, but in no case may the minimum wage exceed the minimum wage otherwise in effect under this section by more than $1 per hour. 2. Tip credit. An employer may consider tips as part of the wages of a service employee, but such a tip credit may not exceed 50% of the minimum hourly wage established in this section. An employer who elects to use the tip credit must inform the affected employee in advance and must be able to show that the employee receives at least the minimum hourly wage when direct wages and the tip credit are combined. Upon a satisfactory showing by the employee or the employee's representative that the actual tips received were less than the tip credit, the employer shall increase the direct wages by the difference.

666. For any employment in which the minimum wage is applicable, the director may issue to any person physically handicapped by age, or otherwise, a special certificate authorizing the employment of such person for a period not to exceed one year at a wage less than the minimum wage established by this subchapter. The director may hold such hearings and conduct such investigations as he shall deem necessary for the purpose of fixing the special minimum wage for the licensee. Such license may be renewed from time to time by the director. Maryland 1306. The public authority shall, before advertising for bids for a public contract, ascertain from the Director of the Bureau of Labor Standards the fair minimum rate of wages and benefits to be paid by the successful bidder to the laborers, workers or mechanics employed in the performance of the contract. A schedule of minimum wages and benefits must be attached to and made a part of the specifications for the construction and must be included in the bidding documents. The "fair minimum rate of wages and benefits," for the intent and purposes of sections 1304 to 1313, is the prevailing wage and benefits paid in the locality in like construction. The director or a delegated member of that bureau shall assemble the data as to wages paid by contractors employing 5 or more construction workers in the State during the 2nd and 3rd week of September of each year. From these data, the fair minimum wage and benefits for the following calendar year must be determined by the director. Minimum wages and benefits may not be established for any trade or occupation if fewer than 10 workers are employed in such a trade or occupation in the State in the 2nd and 3rd week of September. (http://www.state.me.us/labor/bls/wagerateconst.htm) 1-101. (a) In this article the following words have the meanings indicated. (b) "County" means a county of the State and, unless expressly provided otherwise, Baltimore City. (c) "Governmental unit" means: (1) the State; (2) a county, municipal corporation, or other political subdivision of the State; or (3) a unit of the State government or of a political subdivision. 3-413. Except as provided in 3-414 of this subtitle, each employer shall pay: (1) to each employee who is subject to both the federal Act and this subtitle, at least the minimum wage for that employee under the federal Act; and (2) each other employee who is subject to this subtitle, at least: (i) the highest minimum wage under the federal Act; or (ii) a training wage under regulations that the Commissioner adopts that include the conditions and limitations authorized under the federal Fair Labor Standards Amendments of 1989. 3-414. (A) IN THIS SECTION, "EMPLOYER" INCLUDES A GOVERNMENTAL UNIT. (B) Except as provided in 3-414 of this subtitle, each employer shall pay: (1) to each employee who is subject to both the federal Act and this subtitle, at least THE GREATER OF the greater of: (I) (i) the minimum wage for that employee under the federal Act; OR (II) A WAGE THAT EQUALS A RATE OF $7.25 PER HOUR or (ii) a wage that equals a rate of $7.25 per hour; and (2) each other employee who is subject to this subtitle, at least: (I) THE GREATER OF: (i) the greater of; [(i)] 1. the highest minimum wage under the federal Act; or 2. A WAGE THAT EQUALS A RATE OF $7.25 PER HOUR; OR a wage that equals a rate of $7.25 per hour; or (ii) a training wage under regulations that the Commissioner adopts that include the conditions and limitations authorized under the federal Fair Labor Standards Amendments of 1989. 3-419. (a) (1) This section applies to each employee who: (i) is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips; (ii) has been informed by the employer about the provisions of this section; and (iii) has kept all of the tips that the employee received. (2) Notwithstanding paragraph (1)(iii) of this subsection, this section does not prohibit the pooling of tips. (b) Subject to the limitations in this section, an employer may include, as part of the wage of an employee to whom this section applies: (1) an amount that the employer sets to represent the tips of the employee; or (2) if the employee or representative of the employee satisfies the Commissioner that the employee received a lesser amount in tips, the lesser amount. (c) The tip credit amount that the employer may include under subsection (b) of this section may not exceed [$2.77] 50% OF THE MINIMUM WAGE. 17-208. (1) For each public work to which this subtitle applies, the Commissioner shall determine the prevailing wage rate for each classification of worker engaged in work of the same or a similar character. (1) Except as provided in subsection (c) of this section, the prevailing wage rate for straight time for a worker is the rate paid: (i) in the locality; (ii) on projects similar to the proposed public work; (iii) for work of the same or a similar character as that to be performed on the public work; and (iv) to 50% or more of the workers in the worker's occupational classification. (2) The prevailing wage rate for overtime for a worker shall be at least time and a half the prevailing wage rate for straight time for that worker. (c) (1) If fewer than 50% of the workers in the locality working in the same classification receive the same wage rate: (i) the prevailing wage rate shall be the rate paid to at least 40% of those workers; or (ii) if fewer than 40% receive the same wage rate, the rate shall be a weighted average rate obtained by: 1. adding the products obtained by multiplying each hourly rate paid to workers in the classification by the number of workers receiving that rate; and 2. dividing that sum by the total number of workers in the

classification. (http://www.dllr.state.md.us/labor/prev.html) [Editor s Note:] Effective January 17, 2006 H.B. 391 was passed which requires employers to pay the greater of the federal minimum wage or a wage that equals a rate of $6.15 per hour to employees subject to federal or State minimum wage requirements. The bill also alters the tip credit that employers can apply against the direct wages paid to employees classified as tipped employees. The tip credit is equal to 50% of the higher of the federal or State minimum wage. As a result, employers are required to pay tipped employees a wage rate that equals $3.08 per hour. The Bill is in effect 30 days from January 17, 2006. [Editor s Note:] Effective September 27, 2010, Maryland living wage rates will be $12.28 per hour in Tier 1 areas, and $9.23 per hour in Tier 2 areas, depending on the location where the services are performed or on the location benefiting from the work. Current rates are $12.25 per hour in Tier 1 areas, and $9.21 per hour in Tier 2 areas. Maryland's living wage law requires contractors and subcontractors to pay a living wage to employees performing work on certain state service contracts in excess of $100,000, with certain exemptions. The law divides the state into two tiers. Tier 1 area includes Montgomery County, Prince George's County, Howard County, Anne Arundel County, Baltimore County, and Baltimore City. Tier 2 area includes any county in the state not included in the Tier 1 area. [Editors Note:] Effective July 1, 2007 the living wage rate for Montgomery County is set at $11.95 per hour. Massachusetts [Editor s Note:] Effective October 1, 2007, under the statewide law, employers with government contracts are required to pay employees a wage of $11.30 an hour for state work done in Prince George's, Montgomery, Howard, Anne Arundel and Baltimore counties and the City of Baltimore. Employers in all other counties are required to pay a rate of $8.50 per hour. 151.1. It is hereby declared to be against public policy for any employer to employ any person in an occupation in this commonwealth at an oppressive and unreasonable wage as defined in section two, and any contract, agreement or understanding for or in relation to such employment shall be null and void. A wage of less than $8.00 per hour, in any occupation, as defined in this chapter, shall conclusively be presumed to be oppressive and unreasonable, wherever the term ""minimum wage'' is used in this chapter, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage under the provisions of sections seven and nine. Notwithstanding the provisions of this section, in no case shall the minimum wage rate be less than $.10 higher than the effective federal minimum rate. 151. 2A. It is hereby declared to be against public policy for any employer to employ any person in agriculture and farming in this commonwealth at an oppressive and unreasonable wage and any contract, agreement or understanding for or in relation to such employment shall be null and void. A wage of less than one dollar and sixty cents per hour in agriculture and farming shall be conclusively presumed to be oppressive and unreasonable, wherever the term ""minimum wage'' is used in this chapter, except when such wage is paid to a child seventeen years of age or under, or to a parent, spouse, child or other member of the employer's immediate family. The cost of board, lodging or other facilities shall not be included as a part of the wage paid to any employee to the extent it is excluded therefrom; provided, however, that the commissioner may determine the fair value of such board, lodging or other facilities for defined classes of employees and in defined areas, based on average cost to the employer or to groups of employers similarly situated, or average value to groups of employees, or other appropriate measures of fair value. Such evaluations, where applicable and pertinent, shall be used in lieu of actual measure of cost in determining the wage paid to any employee. 151.7 The commissioner may establish a suitable scale of rates for learners and apprentices in any occupation or occupations, which scale of learners' and apprentices' rates may be less than the regular minimum fair wage rates established for experienced persons in such occupation or occupations, provided that in a retail, merchandising or laundry establishment such scale of learners' and apprentices, rates shall apply only to the first eighty hours during which such learner or apprentice is employed. The commissioner shall not establish minimum fair wage rates below $1.85 per hour, except for learners and apprentices, and except for ushers, ticket sellers and ticket takers whose minimum fair wage rates shall not be below $1.25, and except for janitors and caretakers of residential property, who, when furnished with living quarters, shall be paid a wage of not less than $36 per week, and except for services as golf caddies, and except for service people who customarily and regularly receive more than $20 a month in tips. 455-2.02. The minimum wage rate for a tipped employee may be comprised of both: (a) the service rate paid by the employer; and (b) tips actually received and retained by the employee. The sum of the service rate and the tips received by the employee must equal or exceed the basic minimum wage. The service rate shall be not less than $2.63 per hour. An employer may pay the service rate to the employee only

if:1. the employer has informed such employee of the provisions of the third paragraph of M.G.L. c. 151, 7; 2. the employee actually received tips in an amount which, when added to the service rate, equals or exceeds the basic minimum wage; and 3. all tips received by the employee were either retained by him or her or were distributed to him or her through a tip-pooling arrangement. If the employee is engaged in the serving of food or beverages, such a tip-pooling arrangement must conform with the requirements of M.G.L. c. 149, 152A. Unless all three of the foregoing requirements are met, the employer must pay a tipped employee the full basic minimum wage rate. The minimum wage for an employee receiving $20 or less per month in tips shall be the basic minimum wage. 455-204 (a) An employer, including an employer of seasonal and temporary help, may deduct from the basic minimum wage of an employee a sum per week as set forth in 455 CMR 2.04(1)(a)1. through 3. when adequate, decent and sanitary lodging, including heat, potable water, and light are furnished. A deduction for lodging is not permitted unless the room is actually used by the employee and unless said employee desires said room. Deductions shall not exceed the following rates. 1. A sum not exceeding $35.00 per week for a room occupied by one person. 2. A sum not exceeding $30.00 per week for a room occupied by two persons. 3. A sum not exceeding $25.00 per week for a room occupied by three or more persons. (b) No employer shall deduct from the basic minimum wage of an employee a sum in excess of the amounts per day hereafter set forth for meals actually furnished to the employee. The maximum deduction for meals per day shall be as follows: Breakfast, $1.50, Lunch, $2.25; Dinner, $2.25. No deduction for meals may exceed the actual cost to the employer. 1. No such deduction for meals shall be made without the written consent of the employee. 2. A deduction for one meal may be made from the basic minimum wage of an employee working three hours or more. 3. A deduction for two meals may be made from the basic minimum wage of an employee whose work entirely covers two meal periods, or eight hours of work. 4. A deduction for three meals may be made from the basic minimum wage of an employee if lodging is provided, or if special permission is granted by the Director. 455-2.05. (a) The Director may issue to any hospital or laboratory a license permitting payment of not less than 80% of the basic minimum wage to students whose employment for wages is part of a formal training program for such period of time as shall be fixed by the Director and stated in the license. (b) The Director may issue to any school, college, university, or a bona fide educational institution, a license permitting payment of not less than 80% of the basic minimum wage, to students enrolled in and employed by said institutions for such period of time as shall be fixed by the Director and stated in the license. (c) The Director may issue to any summer camp a license permitting payment of not less than 80% of the basic minimum wage to students employed as camp counselors or counselor trainees for such period of time as shall be fixed by the Director and stated in the license. An employee shall be considered a camp counselor or counselor trainee if the employee is directly involved in camp programming and camper supervision. (d) The Director may issue to any establishment which as been granted non-profit status under the Internal Revenue Code a license permitting payment of not less than 80% of the basic minimum wage to minors attending secondary school who work part-time in hospital wards, school and college dining rooms and dormitories, where the ratio of one minor to five adult persons working in these areas is maintained, for such period of time as shall be fixed by the Director and stated in the license. (e) The Director may issue, to the employer of a learner or apprentice who is employed either on a full or a part-time basis, a license permitting payment of not less than 80% of the basic minimum wage for such period of time as shall be fixed by the Director and stated in the license. 149.26. The rate per hour of the wages paid to mechanics and apprentices, teamsters, chauffeurs and laborers in the construction of public works shall not be less than the rate or rates of wages to be determined by the commissioner as hereinafter provided; provided, that the wages paid to laborers employed on said works shall not be less than those paid to laborers in the municipal service of the town or towns where said works are being constructed; provided, further, that where the same public work is to be constructed in two or more towns, the wages paid to laborers shall not be less than those paid to laborers in the municipal service of the town paying the highest rate; provided, further, that if, in any of the towns where the works are to be constructed, a wage rate or wage rates have been established in certain trades and occupations by collective agreements or understandings in the private construction industry between organized labor and employers, the rate or rates to be paid on said works shall not be less than the rates so established; provided further, that in towns where no such rate or rates have been so established, the wages paid to mechanics, teamsters, chauffeurs and laborers on public works, shall not be less than the wages paid to the employees in the same trades and occupations by private employers engaged in the construction industry. (http://www.lawlib.state.ma.us/prevailing.html) [Editors Note] Effective March 1, 2006 the living wage rate for Cambridge is $12.59 per hour. [Editors Note] Effective July 1, 2006 the new living wage rate for Brookline is 11.15 per hour. The living wage rate for the city of Boston is set at $11.95 per hour. [Editors Note:] For-profit or not-for-profit employers employing at least 25 full-time equivalent employees and who have been awarded a service contract in the amount of $25,000 or more from the

Michigan City of Boston must pay employees a living wage rate of not less than $12.79 per hour. 408.384 (1) Subject to the exceptions specified in this act, the minimum hourly wage rate shall be: (a) Beginning September 1, 1997, $5.15. (b) Beginning October 1, 2006, $6.95. (c) Beginning July 1, 2007, $7.15. (d) Beginning July 1, 2008, $7.40.(2) Notwithstanding subsection (1), if a ballot proposal that establishes a minimum wage is approved by the majority of electors voting on the question at the general election on November 7, 2006, the minimum wage shall be as established in the ballot proposal. 408.387 On petition of a party in interest or on his or her own motion, the director of the department of consumer and industry services shall establish a suitable scale of rates for apprentices, learners, and persons with physical or mental disabilities who are clearly unable to meet normal production standards. The rates established under this section may be less than the regular minimum wage rate for workers who are experienced and who are not disabled. 408.387a The minimum hourly wage rate of an employee shall be $2.65 per hour if all of the following occur: (a) The employee receives gratuities in the course of his or her employment. (b) The gratuities described in subdivision (a) equal or exceed the difference between $2.65 per hour and the minimum hourly wage established under section 4. (c) The gratuities are proven gratuities as indicated by the employee's declaration for federal insurance contribution act purposes. (d) The employee was informed by the employer of the provisions of this section. 408.552 Every contract executed between a contracting agent and a successful bidder as contractor and entered into pursuant to advertisement and invitation to bid for a state project which requires or involves the employment of construction mechanics, other than those subject to the jurisdiction of the state civil service commission, and which is sponsored or financed in whole or in part by the state shall contain an express term that the rates of wages and fringe benefits to be paid to each class of mechanics by the bidder and all of his subcontractors, shall be not less than the wage and fringe benefit rates prevailing in the locality in which the work is to be performed. Contracts on state projects which contain provisions requiring the payment of prevailing wages as determined by the United States secretary of labor pursuant to the federal Davis-Bacon act (United States code, title 40, section 276a et seq) or which contain minimum wage schedules which are the same as prevailing wages in the locality as determined by collective bargaining agreements or understandings between bona fide organizations of construction mechanics and their employers are exempt from the provisions of this act. (http://www.michigan.gov/bwuc/0,1607,7-161-15499_15542_15549---,00.html) [Editors Note] Listed below are the current living wage rates for various locales in the state of Michigan: Warren. Employers with city service contracts exceeding $50,000 or awarded city financial assistance in excess of $50,000 must pay a minimum wage equal to 125 percent of the federal poverty level for a family of four or 100 percent of the federal poverty level for a family of four (currently $8.50 an hour) if health benefits are provided. Township of Ypsilanti Companies receiving township service contracts or financial assistance over $10,000 in a 12-month period must pay employees who work under the contract or grant (as well as employees of their subcontractors or leaseholders) at least $8.50 per hour, or $10.00 per hour if no health benefits are provided. City of Ypsilanti Every person that receives a service contract or financial assistance of $20,000 or more in a 12-month period from or through the City of Ypsilanti must pay a living wage to all persons who work on the contract or who work in (or whose base of employment is in) the workplace or location that receives the contract or assistance. The living wage is $10.00 per hour when health care is not provided, and $8.50 per hour when health care is provided. Ferndale All employees employed and work performed as part of a service contract with the city must receive an hourly wage no less than $9.59 per hour with health benefits, or otherwise $11.00 per hour without health benefits. The wage will be adjusted on an annual basis beginning January 1, 2003, and each year thereafter in proportion to the Consumer Price Index for the Detroit Metropolitan Area, as published by the Bureau of Labor Statistics, U.S. Department of Labor. Ann Arbor Every contractor/vendor or grantee (see definitions below) must pay its covered employees a living wage as follows: (1) for a covered employer that provides employee health care to its employees, the living wage is $12.52 an hour, or the adjusted amount as described below; (2) for a covered employer that does not provide health care to its employees, the living wage is $13.96 an hour, or the adjusted amount described below. These rates are effective April 30, 2013, ending April 29, 2014. The amount of the living wage will be adjusted upward each year by a percentage equal to the percentage increase, if any, in the federal poverty guidelines as published by the U.S. Dept. of Health and Human Services. Subsequent annual adjustments will be based on the percentage increase, if any, in the federal poverty guidelines when comparing the prior calendar year's poverty guidelines to the present calendar year's guidelines. Prior to April 1 of each calendar year, the city will notify any covered employer of this adjustment by posting a written notice in a prominent place in City Hall, and, in the case of a covered employer that has provided an address of record to the city, by a written letter to each such covered

employer. Contractor/vendor is a person or entity that has a contract with the city primarily for the furnishing of services where the total amount of the contract or contracts with the city exceeds $10,000 for any 12-month period. Grantee means any form of financial assistance to a grantee (a person or entity that is a recipient of any financial assistance from the city in the form of any federal, state or local grant program administered by the city, revenue bond financing, tax increment financing, tax abatement, tax credit, direct grant, or any other form of financial assistance that exceeds $10,000 for any 12-month period. Eastpointe Employers that contract with the city or that receive financial assistance from the city must pay their employees a wage sufficient to meet basic subsistence needs, defined as a living wage. Living wage means an hourly rate that on an annual basis (based on 40 hours per week, 50 weeks per year), is equivalent to either of the following: (1) 125% of the federal poverty level; or (2) 100% of the federal poverty level, if health care benefits are provided to the employee. The 2012 living wage rate is $11.53/hour with health care benefits and $14.41/hour if the employee does not receive health care benefits. Pittsfield Charter Township Contractors/vendors and grantees of covered financial assistance that employ or contract with five or more individuals and that have not been granted exemptions must pay full-time employees a living wage as established below (Ordinance No. 247, effective April 12, 2001): (1) if health care is provided, the living wage will be at least $11.40 an hour. (2) if health care is not provided, the living wage will be at least $13.37 an hour. These rates are effective until April 30, 2013. The amount of the living wage will be adjusted upward annually by a percentage equal to the percentage increase, if any, in the federal poverty guidelines. Monroe County For-profit service contractors employing or contracting with five or more individuals and doing business with the county must pay covered employees a living wage of $8.70 an hour with health care benefits, or $10.20 an hour without health care benefits. The monetary threshold for covered contracts is $10,000 (October 9, 2001). Washtenaw County Certain Washtenaw County service contractors as well as the county must pay nonexempt employees a living wage as follows: for a covered employer that provides employee health care to its employees, the living wage is $11.64 an hour, and for a covered employer that does not provide health care to its employees, the living wage is $13.65 an hour (rates effective until April 30, 2014). The living wage is to be adjusted at least annually (Adopted October 17, 2001). Southfield Covered employers providing contractual services to the city or that receive a tax abatement from the city must pay their covered employees a living wage of $10.33 an hour if health care benefits are provided by the employer, or $12.91 an hour if health care benefits are not provided. Ingham County Specified service contractors are required to pay their employees wages that are greater than or equal to a living wage. Living wage means an hourly wage rate equal to 125% of the federal poverty line on an annual basis when calculated based on 40 hours per week, 50 weeks per year; provided, however, that costs paid by the employer for an employee's health care benefits may be counted toward up to 20 percent of the hourly rate payable to the employee. The living wage rate is to be adjusted annually. The 2012 living wage rate is $14.42 per hour. Lansing The Mayor of Lansing, Michigan, implemented a living wage for the city by executive order. At a minimum, a contractor who is a party to a contract with the city for services and certain grantees receiving economic development assistance from the city shall provide their employees a living wage rate of $13.79 per hour for 2009. If the contractor or grantee pays health care benefits on behalf of the employee or the employee's dependents, this hourly obligation may be reduced accordingly. Minnesota Macomb County The county shall not enter into any contract for services with any contractor who does not demonstrate that it pays its workforce a living wage. Living wage shall mean an hourly rate, which on an annual basis (based on 40 hours per week, 50 weeks per year) is equivalent to either of the following: (1) 125% of the federal poverty level; or (2) 100% of the federal poverty level, if health care benefits are provided to the employee.] 177.24 (a) For purposes of this subdivision, the terms defined in this paragraph have the meanings given them. (1) "Large employer" means an enterprise whose annual gross volume of sales made or business done is not less than $625,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35. (2) "Small employer" means an enterprise whose annual gross volume of sales made or business done is less than $625,000

(exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35. (b) Except as otherwise provided in sections 177.21 to 177.35, every large employer must pay each employee wages at a rate of at least $6.75 an hour effective July 24, 2008, and at a rate of at least $7.75 an hour effective July 24, 2009. Every small employer must pay each employee at a rate of at least $5.75 an hour effective July 24, 2008, and at a rate of at least $6.75 an hour effective July 24, 2009. (c) Notwithstanding paragraph (b), during the first 90 consecutive days of employment, an employer may pay an employee under the age of 18 years a wage at a rate of at least $5.35 an hour effective July 24, 2008, and at a rate of at least $5.75 an hour effective July 24, 2009. No employer may take any action to displace any employee, including a partial displacement through a reduction in hours, wages, or employment benefits, in order to hire an employee at the wage authorized in this paragraph. Sec. 2. An employer who pays a new employee the current state minimum wage under subdivision 1 must provide a written statement accompanying the first two paychecks of the employee or on the first two paydays of the employee if the employee is paid by electronic transfer. The written statement must be in at least 10-point font and must include the following information: (1) the applicable state or federal minimum wage rate required by law; and (2) contact information for the Department of Labor and Industry for the reporting of possible minimum wage violations. Section 3. Sharing of gratuities. For purposes of this chapter, any gratuity received by an employee or deposited in or about a place of business for personal services rendered by an employee is the sole property of the employee. No employer may require an employee to contribute or share a gratuity received by the employee with the employer or other employees or to contribute any or all of the gratuity to a fund or pool operated for the benefit of the employer or employees. This section does not prevent an employee from voluntarily sharing gratuities with other employees. The agreement to share gratuities must be made by the employees without employer coercion or participation, except that an employer may:(1) upon the request of employees, safeguard gratuities to be shared by employees and disburse shared gratuities to employees participating in the agreement;(2) report the amounts received as required for tax purposes; and (3) post a copy of this section for the information of employees. The commissioner may require the employer to pay restitution in the amount of the gratuities diverted. If the records maintained by the employer do not provide sufficient information to determine the exact amount of gratuities diverted, the commissioner may 3make a determination of gratuities diverted based on available evidence and mediate a settlement with the employer. [Note: For empoyers subject to federal law, the federal rate of $7.25 per hour applies] 177.28 A meal allowance is credited toward the minimum wage only when the meal is furnished by the employer and accepted by the employee. The employer shall not require the employee to accept meals as a condition of employment. A meal is defined as an adequate portion of a variety of wholesome, nutritious foods and shall include at least one food from each of the following four groups: fruits or vegetables; cereals, bread, or potatoes; eggs, meat, or fish; milk, tea, or coffee; except that for breakfast, eggs, meat, or fish may be omitted if both cereal or bread are offered. The employer must keep a record of each meal accepted by the employee before any meal credit can be taken. Meals must be consistent with the employee's work shift. Meal periods of less than 20 minutes may not be deducted from hours worked, nor may meal periods be deducted where the employee is not entirely free from work responsibility. The meal allowance is 60 percent of the adult minimum wage rate for one hour of work per meal. 177.43 Subdivision 1. Any contract which provides for a project must state that: (1) no laborer or mechanic employed directly on the project work site by the contractor or any subcontractor, agent, or other person doing or contracting to do all or a part of the work of the project, is permitted or required to work more hours than the prevailing hours of labor unless paid for all hours in excess of the prevailing hours at a rate of at least 1-1/2 times the hourly basic rate of pay; and (2) a laborer or mechanic may not be paid a lesser rate of wages than the prevailing wage rate in the same or most similar trade or occupation in the area. (http://workplace.doli.state.mn.us/prevwage/) Mississippi [Editors Note] Effective December 31, 2006, all businesses with established or renewed city subsidies are required to pay a living wage rate of no less than 130% of the federal poverty level for a family of four. The state of Mississippi does not have a state minimum wage, however employers are required to apply federal rate, which is currently set at $7.25 an hour. Sec. 1.Minimum wage and private employment; Local governments prohibited from imposing mandatory, minimum living wage rates, minimum number of vacation or sick days (1) No county, board of supervisors of a county, municipality or governing authority of a municipality is authorized to establish a mandatory, minimum living wage rate, minimum number of vacation or sick days, whether paid or unpaid, that would regulate how a private employer pays its employees. Each county, board of supervisors of a county, municipality or governing authority of a municipality shall be prohibited from establishing a mandatory, minimum living wage rate, minimum number of vacation or

sick days, whether paid or unpaid, that would regulate how a private employer pays its employees. (2) The Legislature finds that the prohibitions of subsection (1) of this section are necessary to ensure an economic climate conducive to new business development and job growth in the State of Mississippi. We believe that inconsistent application of wage and benefit laws from city to city or county to county must be avoided. While not suggesting a state minimum wage or minimum benefit package, any debate and subsequent action on these matters should be assigned to the Mississippi Legislature as provided in Section 25-3-40, and not local counties or municipalities. (3) The Legislature further finds that wages and employee benefits comprise the most significant expense of operating a business. It also recognizes that neither potential employees or business patrons are likely to restrict themselves to employment opportunities or goods and services in any particular county or municipality. Consequently, local variations in legally required minimum wage rates or mandatory minimum number of vacation or sick leave days would threaten many businesses with a loss of employees to local governments which require a higher minimum wage rate and many other businesses with the loss of patrons to areas which allow for a lower wage rate and more or less vacation or sick days. The net effect of this situation would be detrimental to the business environment of the state and to the citizens, businesses and governments of the local jurisdictions as well as the local labor markets. (4) The Legislature concludes from these findings that, in order for a business to remain competitive and yet attract and retain the highest possible caliber of employees, and thereby remain sound, an enterprise must work in a uniform environment with respect to minimum wage rates, and mandatory minimum number of vacation or sick leave days. The net impact of local variations in mandated wages and mandatory minimum number of vacation or sick leave days would be economically unstable and create a decline and decrease in the standard of living for the citizens of the state. Consequently, decisions regarding minimum wage, living wage and other employee benefit policies must be made by the state as provided in Section 25-3-40, so that consistency in the wage market is preserved. Missouri 290.502. 1. Except as may be otherwise provided under sections 290.500 to 290.530, effective January 1, 2013 every employer shall pay to each employee wages at the rate of $7.35 per hour, or wages at the same rate or rates set under the provisions of federal law as the prevailing federal minimum wage applicable to those covered jobs in interstate commerce, whichever rate per hour is higher. 2. The minimum wage shall be increased or decreased on January 1, 2014, and on January 1 of successive years, by the increase or decrease in the cost of living. On September 30, 2013, and on each September 30 of each successive year, the director shall measure the increase or decrease in the cost of living by the percentage increase or decrease as of the preceding July over the level as of July of the immediately preceding year of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) or successor index as published by the U.S. Department of Labor or its successor agency, with the amount of the minimum wage increase or decrease rounded to the nearest five cents. 290.512. 1. No employer of any employee who receives and retains compensation in the form of gratuities in addition to wages shall pay such employee a cash wage at a rate less than the cash wage amount specified in the Fair Labor Standards Act, 29 U.S.C. Sect ion 203(m), for t ipped employees. However, the total compensation for such tipped employee shall not be less than the minimum wage specified in section 290.502. 2. If an employee receives and retains compensation in the form of goods or services as an incident of his employment and if he is not required to exercise any discretion in order to receive the goods or services, the employer is required to pay only the difference between the fair market value of the goods and services and the minimum wage otherwise required to be paid by sections 290.500 to 290.530. The fair market value of the goods and services shall be computed on a weekly basis. The director shall provide by regulation a method of valuing the goods and services received by any employee in lieu of the wages otherwise required to be paid under the provisions of sections 290.500 to 290.530. He shall also provide by regulation a method of determining those types of goods and services that are an incident of employment the receipt of which does not require any discretion on the part of the employee. Section B. Because of the need to preserve federal standards relating to overtime payments to employees, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval. 290.515. After a public hearing at which any person may be heard, the director shall provide by regulation for the employment in any occupation of individuals whose earning capacity is impaired by physical or mental deficiency at wages lower than the wage rate applicable under sections 290.500 to 290.530. The individuals shall be employed as the director finds appropriate to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the wage rate applicable under sections 290.500 to 290.530, except that no individual who maintains a production level within the limits required of other employees shall be paid less than the wage rate applicable under sections 290.500 to 290.530. Employees affected or their guardians shall be given reasonable notice of this hearing. 290.517. After a public hearing of which individual employees affected must be given reasonable notice, the director shall provide by regulation for the employment in any occupation, at wages lower than the wage rate applicable under sections 290.500 to 290.530, of such learners and apprentices as he finds

appropriate to prevent curtailment of opportunities for employment. Such wage rate for learners and apprentices shall be the same rate or rates set under the provisions of federal law as the prevailing federal subminimum wage applicable to new workers. At no time may this provision be used for the purpose of evading the spirit and meaning of sections 290.500 to 290.530. 290.512. 1. No employer of any employee who receives and retains compensation in the form of gratuities in addition to wages is required to pay wages in excess of fifty percent of the minimum wage rate specified in sections 290.500 to 290.530, however, total compensation for such employee shall total at least the minimum wage specified in sections 290.500 to 290.530, the difference being made up by the employer. 2. If an employee receives and retains compensation in the form of goods or services as an incident of his employment and if he is not required to exercise any discretion in order to receive the goods or services, the employer is required to pay only the difference between the fair market value of the goods and services and the minimum wage otherwise required to be paid by sections 290.500 to 290.530. The fair market value of the goods and services shall be computed on a weekly basis. The director shall provide by regulation a method of valuing the goods and services received by any employee in lieu of the wages otherwise required to be paid under the provisions of sections 290.500 to 290.530. He shall also provide by regulation a method of determining those types of goods and services that are an incident of employment the receipt of which does not require any discretion on the part of the employee. 290.230. 1. Not less than the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed, and not less than the prevailing hourly rate of wages for legal holiday and overtime work, shall be paid to all workmen employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. Only such workmen as are directly employed by contractors or subcontractors in actual construction work on the site of the building or construction job shall be deemed to be employed upon public works. 2. When the hauling of materials or equipment includes some phase of construction other than the mere transportation to the site of the construction, workmen engaged in this dual capacity shall be deemed employed directly on public works. (http://www.dolir.state.mo.us/ls/prevailingwage/index.asp) [Editor s Note:] The Division of Labor Standards of the Missouri Department of Labor and Industrial Relations has issued General Wage Order No. 55. The Order, now in effect, establishes the new prevailing wage rates for use on all Missouri State Highways and Transportation construction). The General Wage Order No. 55 contains prevailing wage rates for each county and the city of St. Louis for the following occupations: laborer, truck driver teamster, operating engineer, carpenter, traffic control service driver, cement mason, iron worker, electrician- inside wireman, electrician- outside, and painter. The prevailing wage is the minimum rate that must be paid to workers on all Missouri State Highways and Transportation construction projects. (http://www.labor.mo.gov/dls/forms/gwo55final.pdf) [Editor s Note: GENERAL WAGE ORDER NO. 56 IS IN EFFECT AS OF AUGUST 6, 2012. The General Wage Order lists prevailing wage rates on Missouri State Highway and Transportation Commission construction projects in each county. The rates must be incorporated into the contract specifications for the job. This is the minimum wage rate required for the project. Employees are free to bargain for a higher rate of pay. Employers are free to pay a higher rate of pay. Each year, the Division of Labor Standards must file a General Wage Order with the Secretary of State on or before July 1 of each year. The General Wage Order lists the wage rates for each county in Missouri and the City of St. Louis. View and print an unofficial copy of the General Wage Order 56. General Wage Order No. 56 went into effect on August 6, 2012. Annual Wage Order No. 19 is final and in effect as of June 29, 2012. The Missouri Labor Department announces that the state prevailing wage rates have been established and are now in effect for use on all Missouri public works constructions projects. The Annual Wage Order contains prevailing wage rates for each occupational title in every county and the city of St. Louis. The prevailing wage is the minimum rate that must be paid to workers on public works construction projects in Missouri such as bridges, roads, schools, and government buildings. The Labor Department s Division of Labor Standards is responsible for gathering wage information from public and private commercial construction projects statewide on an ongoing basis from contractors, labor organizations, and public entities. The wage information is used to determine wage rates for each of the 26 different occupational titles and their subgroups for every Missouri county and the city of St. Louis. The highest number of hours reported for a particular wage rate for an occupational title in a county becomes that county s prevailing wage rate.] Montana [Editor s Note: Effective April 1, 2013, the living wage rate for the City of St. Louis, Missouri is $12.21 if the employer provides health care benefits and where health benefits are provided, and $15.92 if the employer does not provide health care benefits] 39-3-404. (1) Except as otherwise provided in this part and except for farm workers as provided in subsection (2), every employer shall pay to each of his employees a wage of not less than the applicable minimum wage as determined by the commissioner in accordance with 39-3-409. (2) In the case of a

farm worker employed for a part of a calendar year which includes periods requiring working hours in excess of 8 hours per day and other seasonal periods requiring working hours substantially less than 8 hours per day, the employer may pay the worker at a fixed rate of compensation during the term of employment. The employer may elect to: (a) keep a record of the total number of hours worked by the worker during the part of the year during which the worker was employed by him (the total wages paid by such employer to such employee for that part of the year during which said employee was employed by him shall not be less than the applicable minimum wage rate multiplied by the total number of hours so worked); or (b) in lieu of the minimum wage set forth herein, pay the farm worker a wage as herein defined on a monthly basis. This monthly compensation shall constitute a minimum wage and shall not be less than $635 a month beginning January 1, 1990. 39-3-409. Minimum wage and overtime; Minimum wage rate; Annual cost-of-living adjustments; Minimum wage for employees of small businesses. (1) The minimum wage, except as provided in subsection (3), must be the greater of either: (a) the minimum hourly wage rate as provided under the Fair Labor Standards Act (29 U.S.C. 206(a)(1)), excluding the value of tips received by the employee and the special provisions for a training wage; or (b) $7.90 an hour, effective January 1, 2014, excluding the value of tips received by the employee and the special provisions for a training wage. (2)(a) The minimum wage is subject to a cost-of-living adjustment, as provided in subsection (2)(b). (b) No later than September 30 of each year, an adjustment of the wage amount specified in subsection (1) of this section shall be made based upon the increase, if any, from August of the preceding year to August of the year in which the calculation is made in the consumer price index, U.S. city average, all urban consumers, for all items, as published by the bureau of labor statistics of the United States department of labor. (c) The wage amount established under this subsection (2): (i) must be rounded to the nearest five cents; and (ii) becomes effective as the new minimum wage, replacing the dollar figure specified in subsection (1), on January 1 of the following year. (3) The minimum wage rate for a business whose annual gross sales are $110,000 or less is $4.00 and hour. 39-3-402. (7) (a) The term "wage" includes the reasonable cost to the employer of furnishing the employee with lodging or any other facility if the lodging or other facility is customarily furnished by the employer to employees. However, the inclusion may not exceed an amount equal to 40% of the total wage paid by the employer to the employee. (b) The term "wage" does not include the cost to the employer of providing meals or a meal allowance to the employee or the value of tips or gratuities that are covered by section 3402(k) or service charges that are covered by section 3401 of the Internal Revenue Code of 1954, as amended and applicable on January 1, 1983, received by employees for services rendered by them to patrons of premises or businesses licensed to provide food, beverage, or lodging. Nebraska 18-2-403 (1) In every public works contract, there must be inserted in the bid specification and the public works contract a provision requiring the contractor to give preference to the employment of bona fide residents of Montana in the performance of the work. (2) All public works contracts under subsection (1), except those for heavy and highway construction, must contain a provision requiring the contractor to pay: (a) the travel allowance that is in effect and applicable to the district in which the work is being performed; and (b) the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions, that: (i) meets the requirements of the Employee Retirement Income Security Act of 1974 and other bona fide programs approved by the United States department of labor; and (ii) is in effect and applicable to the district in which the work is being performed. (3) In every public works contract for heavy and highway construction, there must be inserted a provision to require the contractor to pay the heavy and highway construction wage rates established statewide for the project. For current prevailing wage rates click here; for proposed prevailing wage rates click here. 48-1203 (1) Except as otherwise provided in this section and section 48-1203.01, every employer shall pay to each of his or her employees who are seventeen years of age or older a minimum wage that is the federal minimum wage in effect on the effective date of this act or the state-calculated minimum wage under subsection (2) of this act, whichever is greater. (2) The state-calculated minimum wage shall be: wages at the minimum rate of four dollars and twenty-five cents per hour through August 31, 1997, and five dollars and fifteen cents per hour on and after September 1, 1997. (a) Five dollars and fifteen cents per hour through September 30, 2007; (b) Five dollars and fifty-two cents per hour on and after October 1, 2007, through September 30, 2008; (c) Five dollars and eighty-nine cents on and after October 1, 2008, through September 30, 2009; (d) Six dollars and twenty-six cents on and after October 1, 2009, through September 30, 2010; and (e) As calculated by the Department of Labor for wages beginning on October 1, 2010, through September 30, 2013. The department shall have such minimum wage 1 calculated by June 15, 2010, and shall adjust the six dollars and twenty-six cents wage to reflect the changes in the Consumer Price Index for all-urban consumers published by the federal Department of Labor for 2007, 2008, and 2009 plus the first quarter of 2010. Every three years thereafter, the department shall make an adjustment of the state-calculated minimum wage to reflect the changes in such Consumer Price Index for the preceding three calendar years. For purposes of this section, calendar year begins on April 1 and ends on March 31 of the next year. The new state-calculated minimum wage shall be calculated by June 15 of the year that it will go into effect on October 1. For persons who are

Nevada seventeen years of age or older compensated by way of gratuities such as waitresses, waiters, hotel bellhops, porters, and shoeshine persons, the employer shall pay wages at the minimum rate of two dollars and thirteen cents per hour, wage of fifty percent of the applicable minimum wage provided in subsection (1) of this section, plus all gratuities given to them for services rendered. The sum of wages and gratuities received by each person compensated by way of gratuities shall equal or exceed the minimum wage rate provided in subsection (1) of this section. In determining whether or not the individual is compensated by way of gratuities, the burden of proof shall be upon the employer. (3) (4) Any employer employing student-learners as part of a bona fide vocational training program shall pay such student-learners student-learners who are seventeen years of age or older wages at a rate of at least seventy-five percent of the minimum wage rate which would otherwise be applicable. 608.100 1. Except as otherwise provided in subsections 2 and 3, the minimum wage for an employee in the State of Nevada is the same whether the employee is a full-time, permanent, part-time, probationary or temporary employee, and: (a) If an employee is offered qualified health insurance, is $7.25 per hour; or (b) If an employee is not offered qualified health insurance, is $8.25 per hour. 2. The rates set forth in subsection 1 may change based on the annual adjustments set forth in Section 16 of Article 15 of the Nevada Constitution. 3. The minimum wage provided in subsection 1 does not apply to: (a) A person under 18 years of age; (b) A person employed by a nonprofit organization for after-school or summer employment; (c) A person employed as a trainee for a period not longer than 90 days, as described by the United States Department of Labor pursuant to section 6(g) of the Fair Labor Standards Act; or (d) A person employed under a valid collective bargaining agreement in which wage, tip credit or other provisions set forth in Section 16 of Article 15 of the Nevada Constitution have been waived in clear and unambiguous terms.4. As used in this section, qualified health insurance means health insurance coverage offered by an employer which meets the requirements of NAC 608.102. [Editor s Note:] Effective July 1, 2010, daily overtime may apply if an employee is paid less than $10.875 per hour and the employer offers qualifying health benefits or if an employee is paid less than $12.375 per hour and the employer does not offer qualifying health benefits 608.110. (NRS 608.250) The minimum wage for an employee in private employment who: 1. Is 18 years of age or older is $5.15 per hour. 2. Is under 18 years of age is $4.38 per hour. 608.155 1. A part of wages or compensation may, if mutually agreed upon by an employee and employer in the contract of employment, consist of meals. In no case shall the value of the meals be computed at more than $1.50 per day. In no case shall the value of the meals consumed by such employee be computed or valued at more than 35 cents for each breakfast actually consumed, 45 cents for each lunch actually consumed, and 70 cents for each dinner actually consumed. 2. The monetary limitations on the value of meals, contained in subsection 1, do not apply to agricultural employees. 608.160 1. It is unlawful for any person to: (a) Take all or part of any tips or gratuities bestowed upon his employees. (b) Apply as a credit toward the payment of the statutory minimum hourly wage established by any law of this state any tips or gratuities bestowed upon his employees. 2. Nothing contained in this section shall be construed to prevent such employees from entering into an agreement to divide such tips or gratuities among themselves. 608.0165 1. Except as otherwise provided in this section, wages or compensation paid to an employee whose duties include the manufacture of an explosive, or the use, processing, handling, on-site movement or storage of an explosive that is related to its manufacture, must be based solely on the number of hours the employee works. The provisions of this subsection do not apply to persons employed in the mining industry. 2. Any person who violates the provisions of subsection 1: (a) For the first violation, shall be punished by a fine of not less than $10,000 nor more than $20,000. (b) For the second or any subsequent violation, shall be punished by a fine of not less than $20,000 nor more than $50,000. 3. Except as otherwise provided in subsection 4, as used in this section, "explosive" means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compound, mechanical mixture or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any part thereof may cause an explosion. 4. For the purposes of this section, an explosive does not include: (a) Ammunition for small arms, or any component thereof; (b) Black powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are intended to be used solely for sporting, recreation or cultural purposes: (1) In an antique firearm, as that term is defined in 18 U.S.C. 921(a)(16), as that section existed on January 1, 1999; or (2) In an antique device which is exempted from the definition of "destructive device" pursuant to 18 U.S.C. 921(a)(4), as that section existed on January 1, 1999; or (c) Any explosive that is manufactured under the regulation of a military department of the United States, or that is distributed to, or possessed or stored by, the military or naval service or

any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment owned by or operated on behalf of the United States. 338.020 1. Every contract to which a public body of this state is a party, requiring the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor in the performance of public work, must contain in express terms the hourly and daily rate of wages to be paid each of the classes of mechanics and workmen. The hourly and daily rate of wages must: (a) Not be less than the rate of such wages then prevailing in the county in which the public work is located, which prevailing rate of wages must have been determined in the manner provided in NRS 338.030; and (b) Be posted on the site of the public work in a place generally visible to the workmen. 2. When public work is performed by day labor, the prevailing wage for each class of mechanics and workmen so employed applies and must be stated clearly to such mechanics and workmen when employed. 3. The prevailing wage so paid to each class of mechanics or workmen must be in accordance with the jurisdictional classes recognized in the locality where the work is performed. 4. Nothing in this section prevents an employer who is signatory to a collective bargaining agreement from assigning such work in accordance with established practice. (http://www.laborcommissioner.com/pwpw.html) New Hampshire 204:1 Minimum Hourly Rate. Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended. Tipped employees of a restaurant, hotel, motel, inn or cabin, who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage. Restaurant shall include an establishment in a temporary or permanent building, kept, used, maintained, advertised, and held out to the public to be a place where meals are regularly prepared or served for which a charge is made and where seating and table service is available for customers or where delivery services are available. The term does not include establishments which do not primarily prepare and serve food. Tipped employees shall also include employees who deliver meals prepared in a restaurant to the customer s home, office, or other location. If an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the applicable minimum wage. 204:2 Minimum Wage; Version Effective December 31, 2011. Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended. Tipped employees of a restaurant, hotel, motel, inn or cabin, who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage. If an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the applicable minimum wage. 204:3 Community Development Finance Authority; Definitions. VIII. Primary employment means work which pays at least 1 1/2 times the minimum wage as established under federal law which offers adequate fringe benefits, including health insurance, and which is not seasonal or part-time. 204:4 Effective Date. I. Section 2 of this act shall take effect December 31, 2011 at 12:01 a.m. II. The remainder of this act shall take effect 60 days after its passage. 79:1 Wage Law; Definitions; Tip Pooling; Tip Sharing; Coercion. XIII. Tip pooling means the voluntary practice by which the tip earnings of directly tipped employees within the same job category are intermingled in a common pool and then redistributed among participating employees. XIV. Tip sharing means the practice by which a directly tipped employee gives a portion of his or her tips to another worker who participated in providing service to customers. XV. Coercion means the threat of or a direct action which results in an adverse effect on an employee s economic or employment status. 279:26-b Tip Pooling and Sharing. I. Tips are wages and shall be the property of the employee receiving the tip and shall be retained by the employee, unless the employee voluntarily and without coercion from his or her employer agrees to participate in a tip pooling or tip sharing arrangement. II. No employer is precluded from administering a valid tip pooling or tip sharing arrangement at the request of the employee, including suggesting reasonable and customary practices, and mediating disputes between employees regarding a valid tip pooling or tip sharing arrangement. New Jersey [Editor s Note:] Effective July 8, 2010, the law has been amended to clarify the definition of "Tipped employees" to include those employees who deliver meals prepared in the restaurant to the customer's home, office, or other location. This amendment is effective as of July 8 and until December 31, 2011, when the statute reverts back to its pre-amended version. 34:11-56a4 Every employer shall pay to each of his employees wages at a rate of not less than $5.05 per hour as of April 1, 1992 and, after January 1, 1999 the federal minimum hourly wage rate set by section

6(a)(1) of the federal "Fair Labor Standards Act of 1938" (29 U.S.C. s.206(a)(1)), and, as of October 1, 2005, $6.15 per hour, and as of October 1, 2006, $7.15 per hour for 40 hours of working time in any week and 1 1/2 times such employee's regular hourly wage for each hour of working time in excess of 40 hours in any week, except this overtime rate shall not include any individual employed in a bona fide executive, administrative, or professional capacity or, if an applicable wage order has been issued by the commissioner under section 17 (C.34:11-56a16) of this act, not less than the wages prescribed in said order. The wage rates fixed in this section shall not be applicable to part-time employees primarily engaged in the care and tending of children in the home of the employer, to persons under the age of 18 not possessing a special vocational school graduate permit issued pursuant to section 15 of P.L.1940, c.153 (C.34:2-21.15), or to persons employed as salesmen of motor vehicles, or to persons employed as outside salesmen as such terms shall be defined and delimited in regulations adopted by the commissioner, or to persons employed in a volunteer capacity and receiving only incidental benefits at a county or other agricultural fair by a nonprofit or religious corporation or a nonprofit or religious association which conducts or participates in that fair. The provisions of this section for the payment to an employee of not less than 1 1/2 times such employee's regular hourly rate for each hour of working time in excess of 40 hours in any week shall not apply to employees engaged to labor on a farm or employed in a hotel or to an employee of a common carrier of passengers by motor bus or to a limousine driver who is an employee of an employer engaged in the business of operating limousines or to employees engaged in labor relative to the raising or care of livestock. Employees engaged on a piecerate or regular hourly rate basis to labor on a farm shall be paid for each day worked not less than the minimum hourly wage rate multiplied by the total number of hours worked. Full-time students may be employed by the college or university at which they are enrolled at not less than 85% of the effective minimum wage rate. Notwithstanding the provisions of this section to the contrary, every trucking industry employer shall pay to all drivers, helpers, loaders and mechanics for whom the Secretary of Transportation may prescribe maximum hours of work for the safe operation of vehicles, pursuant to section 31502(b) of the federal Motor Carrier Act, 49 U.S.C.s.31502(b), an overtime rate not less than 1 1/2 times the minimum wage required pursuant to this section and N.J.A.C. 12:56-3.1. Employees engaged in the trucking industry shall be paid no less than the minimum wage rate as provided in this section and N.J.A.C. 12:56-3.1. As used in this section, "trucking industry employer" means any business or establishment primarily operating for the purpose of conveying property from one place to another by road or highway, including the storage and warehousing of goods and property. Such an employer shall also be subject to the jurisdiction of the Secretary of Transportation pursuant to the federal Motor Carrier Act, 49 U.S.C.s.31501 et seq., whose employees are exempt under section 213(b)(1) of the federal "Fair Labor Standards Act of 1938," 29 U.S.C. s.213(b)(1), which provides an exemption to employees regulated by section 207 of the federal "Fair Labor Standards Act of 1938," 29 U.S.C.s.207, and the Interstate Commerce Act, 49 U.S.C.s.501 et al. The provisions of this section shall not be construed as prohibiting any political subdivision of the State from adopting an ordinance, resolution, regulation or rule, or entering into any agreement, establishing any standard for vendors, contractors and subcontractors of the subdivision regarding wage rates or overtime compensation which is higher than the standards provided for in this section, and no provision of any other State or federal law establishing a minimum standard regarding wages or other terms and conditions of employment shall be construed as preventing a political subdivision of the State from adopting an ordinance, resolution, regulation or rule, or entering into any agreement, establishing a standard for vendors, contractors and subcontractors of the subdivision which is higher than the State or federal law or which otherwise provides greater protections or rights to employees of the vendors, contractors and subcontractors of the subdivision, unless the State or federal law expressly prohibits the subdivision from adopting the ordinance, resolution, regulation or rule, or entering into the agreement. 34:11-56a4 1. The provisions of the act to which this act is a supplement in respect to minimum wages and compensation for overtime work shall not be applicable during the months of June, July, August or September of the year to summer camps, conferences and retreats operated by any nonprofit or religious corporation or association. 2. As used in this act: (a) "Commissioner" means the Commissioner of Labor and Workforce Development. (b) "Director" means the director in charge of the bureau referred to in section 3 of this act. (c) "Wage board" means a board created as provided in section 10 of this act. (d) "Wages" means any moneys due an employee from an employer for services rendered or made available by the employee to the employer as a result of their employment relationship including commissions, bonus and piecework compensation and including the fair value of any food or lodgings supplied by an employer to an employee. The commissioner may, by regulation, establish the fair value of food and lodging provided to employees in any occupation, which shall be acceptable for the purposes of determining compliance with this act in the absence of evidence of the actual value of such items. (e) "Regular hourly wage" means the amount that an employee is regularly paid for each hour of work as determined by dividing the total hours of work during the week into the employee's total earnings for the week, exclusive of overtime premium pay. (f) "Employ" includes to suffer or to permit to work. (g) "Employer" includes any individual, partnership, association, corporation or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. (h) "Employee" includes any individual employed by an employer. (i) "Occupation" means any occupation,

service, trade, business, industry or branch or group of industries or employment or class of employment in which employees are gainfully employed. (j) "Minimum fair wage order" means a wage order promulgated pursuant to this act. New Mexico 34:11-56a4.2. The provisions of this act shall be applicable to wages covered by wage orders issued pursuant to section 17 of P.L.1966, c. 113 (C. 34:11-56a16). 50-4-22 A. As of January 1, 2009, an employer shall pay the minimum wage rate of seven dollars fifty cents ($7.50) an hour. B. An employer furnishing food, utilities, supplies or housing to an employee who is engaged in agriculture may deduct the reasonable value of such furnished items from any wages due to the employee. C. An employee who customarily and regularly receives more than thirty dollars ($30.00) a month in tips shall be paid a minimum hourly wage of two dollars thirteen cents ($2.13). The employer may consider tips as part of wages, but the tips combined with the employer's cash wage shall not equal less than the minimum wage rate as provided in Subsection A of this section. All tips received by such employees shall be retained by the employee, except that nothing in this section shall prohibit the pooling of tips among employees. D. An employee shall not be required to work more than forty hours in any week of seven days, unless the employee is paid one and one-half times the employee's regular hourly rate of pay for all hours worked in excess of forty hours. For an employee who is paid a fixed salary for fluctuating hours and who is employed by an employer a majority of whose business in New Mexico consists of providing investigative services to the federal government, the hourly rate may be calculated in accordance with the provisions of the federal Fair Labor Standards Act of 1938 and the regulations pursuant to that act; provided that in no case shall the hourly rate be less than the federal minimum wage." 50-4-23A The state labor commissioner, to the extent necessary in order to prevent curtailment of opportunities for employment, shall, by regulation, provide for the employment under special certificates of individuals, including individuals employed in agriculture, whose earning or productive capacity is impaired by physical or mental deficiency or injury, at wages which are lower than the minimum wage applicable under Section 50-4-22 NMSA 1978, but not less than fifty percent of such wage. B. The state labor commissioner pursuant to his regulations and upon certification of any state agency administering or supervising the administration of vocational rehabilitation services, may issue special certificates, which allow the holder thereof to work at wages which are less than those required by Subsection A of this section and which are related to the workers' productivity, for the employment of: (1) handicapped workers engaged in work which is incidental to training or evaluation programs; and (2) multihandicapped individuals and other individuals whose earning capacity is so severely impaired that they are unable to engage in competitive employment. C. The state labor commissioner may, by regulation or order, provide for the employment of handicapped individuals in work activities centers under special certificates at wages which are less than the minimums applicable under Section 59-3-22 New Mexico Statutes Annotated, 1953 Compilation [50-4-22 NMSA 1978], or less than that prescribed in Subsection A of this section, and which constitute equitable compensation for such individuals. Sec. 6.New Mexico Equal pay for equal work; Fair Pay for Women Act; Enforcement; Penalties for violations; Remedies; Limitations on recovery of unpaid wages A. An employer who violates a provision of the Fair Pay for Women Act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement and promotion. Damages shall be calculated on the basis of: (1) the affected employee's unpaid wages and the damages from retaliation; (2) all other actual damages; and (3) treble damages. B. The court may, in its sound discretion, not award treble damages or award any amount thereof not to exceed the amount specified in this section if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that the employer's act or omission was not a violation of the Fair Pay for Women Act. C. An employer who violates a provision of the Fair Pay for Women Act may also be liable to the employee for punitive damages.d. Recovery of unpaid wages is limited to six years prior to the date of the last violation of the Fair Pay for Women Act. Sec. 50-4-26. Minimum Wage Act; Enforcement; Violations as misdemeanor; Liability for unpaid and underpaid wages; Remedies; Injunctive relief; Civil actions and appeals, Preference of claims A. An employer who violates any of the provisions of the Minimum Wage Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. B. The director of the labor relations division of the workforce solutions department shall enforce and prosecute violations of the Minimum Wage Act. The director may institute in the name of the state an action in the district court of the county wherein the employer who has failed to comply with the Minimum Wage Act resides or has a principal office or place of business, for the purpose of prosecuting violations. The district attorney for the district wherein any violation hereof occurs shall aid and assist the director in the prosecution. C. In addition to penalties provided pursuant to this section, an employer who violates any provision of Section 50-4-22 NMSA 1978 shall be liable to the employees affected in the amount of their unpaid or underpaid minimum wages plus interest, and in an additional amount equal to twice the unpaid or underpaid wages. D. An action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and on behalf of the

employee or employees and for other employees similarly situated, or such employee or employees may designate an agent or representative to maintain such action on behalf of all employees similarly situated. E. The court in any action brought under Subsection D of this section shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action and reasonable attorney fees to be paid by the defendant. In any proceedings brought pursuant to the provisions of this section, the employee shall not be required to pay any filing fee or other court costs necessarily incurred in such proceedings. F. In addition to any remedy or punishment provided pursuant to the Minimum Wage Act, a court may order appropriate injunctive relief, including requiring an employer to post in the place of business a notice describing violations by the employer as found by the court or a copy of a cease and desist order applicable to the employer.g. Civil actions and appeals of civil actions brought to collect unpaid or underpaid wages, interest and any other amounts due under this section shall be heard by the court at the earliest possible date and shall be entitled to a preference over all other civil actions, to the same extent as civil actions to collect contributions pursuant to Section 51-1-36 NMSA 1978, on the calendar of the court. 13-4-10.1 As used in the Public Works Minimum Wage Act: A. "director" means the director of the division; B. "division" means the labor relations division of the workforce solutions department; C. "fringe benefit" means payments made by a contractor, subcontractor, employer or person acting as a contractor, if the payment has been authorized through a negotiated process or by a collective bargaining agreement, for: (1) holidays; (2) time off for sickness or injury; (3) time off for personal reasons or vacation; (4) bonuses; (5) authorized expenses incurred during the course of employment; (6) health, life and accident or disability insurance; (7) profit-sharing plans; (8) contributions made on behalf of an employee to a retirement or other pension plan; and (9) any other compensation paid to an employee other than wages; D. "labor organization" means an organization of any kind, or an agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work; and E. "wage" means the basic hourly rate of pay." 13-4-11 A. Every contract or project in excess of sixty thousand dollars ($60,000) that the alteration, demolition or repair or any combination of these, including painting and decorating, of public buildings, public works or public roads of the state and that r or involves the employment of mechanics, laborers or both shall contain a provision stating the minimum wages and fringe benefits to be paid to various classes of laborers and mechanics, which shall be based upon the wages and benefits that will be determined by the director to be prevailing for the corresponding classes of laborers and mechanics employed on contract work of a similar nature in the state or locality, and every contract or project shall contain a stipulation that the contractor, subcontractor, employer or a person acting as a contractor shall pay all mechanics and laborers employed on the site of the project, unconditionally and not less often than once a week and without subsequent unlawful deduction or rebate on any account, the full amounts accrued at time of payment computed at wage rates and fringe benefit rates not less than those determined pursuant to Subsection B of this section to be the prevailing wage rates and prevailing fringe benefit rates issued for the project. B. The director shall determine prevailing wage rates and prevailing fringe benefit rates for respective classes of laborers and mechanics employed on public works projects at the same wage rates and fringe benefit rates used in collective bargaining agreements between labor organizations and their signatory employers that govern predominantly similar classes or classifications of laborers and mechanics for the locality of the public works project and the crafts involved; provided that: (1) if the prevailing wage rates and prevailing fringe benefit rates cannot reasonably and fairly be determined in a locality because no collective bargaining agreements exist, the director shall determine the prevailing wage rates and prevailing fringe benefit rates for the same or most similar class or classification of laborer or mechanic in the nearest and most similar neighboring locality in which collective bargaining agreements exist; (2) the director shall give due regard to information obtained during the director's determination of the prevailing wage rates and the prevailing fringe benefit rates made pursuant to this subsection; (3) any interested person shall have the right to submit to the director written data, personal opinions and arguments supporting changes to the prevailing wage rate and prevailing fringe benefit rate determination; and (4) prevailing wage rates and prevailing fringe benefit rates determined pursuant to the provisions of this section shall be compiled as official records and kept on file in the director's office and the records shall be updated in accordance with the applicable rates used in subsequent collective bargaining agreements. C. The prevailing wage rates and prevailing fringe benefit rates to be paid shall be posted by the contractor or person acting as a contractor in a prominent and easily accessible place at the site of the work; and it is further provided that there may be withheld from the contractor, subcontractor, employer or a person acting as a contractor so much of accrued payments as may be considered necessary by the contracting officer of the state or political subdivision to pay to laborers and mechanics employed on the project the difference between the prevailing wage rates and prevailing fringe benefit rates required by the director to be paid to laborers and mechanics on the work and the wage rates and fringe benefit rates received by the laborers and mechanics and not refunded to the contractor, subcontractor, employer or a person acting as a contractor or the contractor's, subconstractor's, employer's or person's agents. D. Notwithstanding any other provision of law applicable to public works contracts or agreements, the

director may, with cause: (1) issue investigative or hearing subpoenas for the production of documents or witnesses pertaining to public works prevailing wage projects; and (2) attach and prohibit the release of any assurance of payment required under Section 13-4-18 NMSA 1978 for a reasonable period of time beyond the time limits specified in that section until the director s resolves any probable cause to believe a violation of the Public Works Minimum Wage Act or its implementing rules has taken place. E. The director shall issue rules necessary to administer and accomplish the purposes of the Public Works Minimum Wage Act." 13-4-13 Every contract within the scope of the Public Works Minimum Wage Act shall contain further provision that in the event it is found by the director that any laborer or mechanic employed on the site of the project has been or is being paid as a result of a willful violation a wage rate or fringe benefit rate less than the rates required, the contracting agency may, by written notice to the contractor, subcontractor, employer or person acting as a contractor, terminate the right to proceed with the work or the part of the work as to which there has been a willful failure to pay the required wages or fringe benefits, and the contracting agency may prosecute the work to completion by contract or otherwise, and the contractor or person acting as a contractor and the contractor's or person's sureties shall be liable to the state for any excess costs occasioned thereby. Any party receiving notice of termination of a project or subcontract pursuant to the provisions of this section may appeal the finding of the director as provided in the Public Works Minimum Wage Act." 13-4-13.1 A. Except as otherwise provided in this subsection, in order to submit a bid valued at more than sixty thousand dollars ($60,000) in order to respond to a request for proposals or to be considered for award of any portion of a public works project greater than sixty thousand dollars ($60,000) for a public works project that is subject to the Public Works Minimum Wage Act, the contractor, serving as a prime contractor or not, shall be registered with the division. Bidding documents issued or released by a state agency or political subdivision of the state shall include a clear notification that each contractor, prime contractor or subcontractor is required to be registered pursuant to this subsection. The provisions of this section do not apply to vocational classes in public schools or public post-secondary educational institutions. B. The state or any political subdivision of the state shall not accept a bid on a public works project subject to the Public Works Minimum Wage Act from a prime contractor that does not provide proof of required registration for itself. C. Contractors and subcontractors may register with the division on a form provided by the division and in accordance with workforce solutions department rules. The division shall charge an annual registration fee of two hundred dollars ($200). The division shall issue to the applicant a certificate of registration within fifteen days after receiving from the applicant the completed registration form and the registration fee. D. Registration fees collected by the division shall be deposited in the labor enforcement fund." 13-4-14 A. The director shall certify to the contracting agency the names of persons or firms the director has found to have disregarded their obligations to employees under the Public Works Minimum Wage Act and the amount of arrears. The contracting agency shall pay or cause to be paid to the affected laborers and mechanics, from any accrued payments withheld under the terms of the contract or designated for the project, any wages or fringe benefits found due to the workers pursuant to the Public Works Minimum Wage Act. The director shall, after notice to the affected persons, distribute a list to all departments of the state giving the names of persons or firms the director has found to have willfully violated the Public Works Minimum Wage Act. No contract or project shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership or association in which the persons or firms have an interest until three years have elapsed from the date of publication of the list containing the names of the persons or firms. A person to be included on the list to be distributed may appeal the finding of the director as provided in the Public Works Minimum Wage Act. B. If the accrued payments withheld under the terms of the contract, as mentioned in Subsection A of this section, are insufficient to reimburse all the laborers and mechanics with respect to whom there has been a failure to pay the wages or fringe benefits required pursuant to the Public Works Minimum Wage Act, the laborers and mechanics shall have the right of action or intervention or both against the contractor or person acting as a contractor and the contractor's or person's sureties, conferred by law upon the persons furnishing labor and materials, and, in such proceeding, it shall be no defense that the laborers and mechanics accepted or agreed to less than the required rate of wages or voluntarily made refunds. The director shall refer such matters to the district attorney in the appropriate county, and it is the duty and responsibility of the district attorney to bring civil suit for wages and fringe benefits due and liquidated damages provided for in Subsection C of this section. C. In the event of any violation of the Public Works Minimum Wage Act or implementing rules, the contractor, subcontractor, employer or a person acting as a contractor responsible for the violation shall be liable to any affected employee for the employee's unpaid wages or fringe benefits. In addition, the contractor, subcontractor, employer or person acting as a contractor shall be liable to any affected employee for liquidated damages beginning with the first day of covered employment in the sum of one hundred dollars ($100) for each calendar day on which a contractor, subcontractor, employer or person acting as a contractor has willfully required or permitted an individual laborer or mechanic to work in violation of the provisions of the Public Works Minimum Wage Act. D. In an action brought pursuant to Subsection C of this section, the court may award, in addition to all other remedies, attorney fees and costs to an employee adversely affected by a violation of the Public

Works Minimum Wage Act by a contractor, subcontractor, employer or person acting as a contractor." 13-4-14.1. The "labor enforcement fund" is created in the state treasury. The fund shall consist of contractor and subcontractor registration fees collected by the division and all investment and interest income from the fund. The fund shall be administered by the division, and money in the fund is appropriated to the division for administration and enforcement of the Public Works Minimum Wage Act. Money in the fund shall not revert to the general fund at the end of a fiscal year." 13-4-14.2. The director may: A. cancel, revoke or suspend with conditions, including probation, the registration of any party required to be registered pursuant to the Public Works Minimum Wage Act for failure to comply with the registration provisions or for good cause, subject to appeal pursuant to Section 13-4-15 NMSA 1978; and B. seek injunctive relief in district court for failure to comply with the registration provisions of the Public Works Minimum Wage Act." 13-4-15. A. Any interested person may appeal any determination, finding or action of the director made pursuant to the Public Works Minimum Wage Act to the labor and industrial commission sitting as the appeals board by filing notice of the appeal with the director within fifteen days after the determination has been issued or notice of the finding or action has been given as provided in the Public Works Minimum Wage Act. B. The labor and industrial commission, sitting as the appeals board, shall adopt rules as it deems necessary for the prompt disposition of appeals. A copy of the rules shall be filed with the librarian of the supreme court law library. C. The appeals board, within ten days after the filing of the appeal, shall set the matter for an oral hearing within thirty days and, following the hearing, shall enter a decision within ten days after the close of the hearing and promptly mail copies of the decision to the parties. D. Decisions of the appeals board may be appealed pursuant to the provisions of Section 39-3-1.1 NMSA 1978." 13-4-17. The Public Works Minimum Wage Act shall not affect a contract existing or a contract that may be entered into pursuant to invitations for bids that are outstanding at the time of enactment of that act."(http://www.dol.state.nm.us/dol_pubwage.html) [Editors Note] The City of Albuquerque, New Mexico, have approved a proposal that will raise the minimum wage in the city to $8.50 per hour effective in 2013. Additionally, tipped employees such as restaurant servers will be required to be paid at least 45% of the minimum wage in cash wages from their employers, with the rest of the minimum wage provided in either tips or cash wage. Effective in 2014, such tipped employees must be paid at least 60% of the minimum wage in cash wages from employers. [Editors Note] In February 2003, Santa Fe, New Mexico enacted a minimum wage ordinance. Effective January 1, 2009, the ordinance will require all businesses and nonprofit organizations with 25 or more employees to pay the minimum wage rate of $9.92 per hour. Effective March 1, 2013, the living wage will increase to $10.51 per hour i This minimum wage will apply to all businesses located in the City. New York [Editors Note] Effective January 1, 2007 employers are required to pay a minimum wage rate of not less than $6.75 per hour for all hours worked within the municipal limits of the city. Effective January 1, 2008 will be set at $7.15 per hour effective January 1, 2009 the minimum wage rate will increase to $7.50 per hour. 652. Minimum wage rate; Wage orders; Nonprofits and applicability; Food service workers' wages, meal & lodging allowances 1. Statutory. Every employer shall pay to each of its employees for each hour worked a wage of not less than: $4.25 on and after April 1, 1991, $5.15 on and after March 31, 2000, $6.00 on and after January 1, 2005, $6.75 on and after January 1, 2006, $7.15 on and after January 1, 2007, $8.00 on and after December 31, 2013, $8.75 on and after December 31, 2014, $9.00 on and after December 31, 2015, or, if greater, such other wage as may be established by federal law pursuant to 29 U.S.C. Section 206 or its successors or such other wage as may be established in accordance with the provisions of this article. 2. Existing wage orders. The minimum wage orders in effect on the effective date of this act shall remain in full force and effect, except as modified in accordance with the provisions of this article. Such minimum wage orders shall be modified by the commissioner to increase all monetary amounts specified therein in the same proportion as the increase in the hourly minimum wage as provided in subdivision one of this section, including the amounts specified in such minimum wage orders as allowances for gratuities, and when furnished by the employer to its employees, for meals, lodging, apparel and other such items, services and facilities. All amounts so modified shall be rounded off to the nearest five cents.

The modified orders shall be promulgated by the commissioner without a public hearing, and without reference to a wage board, and shall become effective on the effective date of such increases in the minimum wage except as otherwise provided in this subdivision, notwithstanding any other provision of this article. 3. Non-profitmaking institutions. (a) Application of article. This article shall apply to nonprofitmaking institutions. (b) Option available to non-profitmaking institutions. The provisions of any wage order issued under this article shall not apply, however, to any non-profit-making institution which pays and continues to pay to each of its employees in every occupation a wage, exclusive of allowances, of not less than the minimum wage provided in subdivision one of this section provided that such institution had certified under oath to the commissioner, on or before September first, nineteen hundred sixty, that on or before October first, nineteen hundred sixty it would pay and thereafter intended to pay such wage to each of its employees in every occupation and provided further that all the provisions of this article have not become applicable to such institution by operation of paragraph (c) of this subdivision. If such institution was not organized or did not hire any employees as defined in subdivision five of section six hundred fifty-one of this chapter before September first, nineteen hundred sixty, such provisions shall not apply so long as, commencing six months after it was organized, or first employed such employees it paid and continues to pay such wage to each of its employees in every occupation, provided that such institution certified under oath within six months after it was organized or first employed such employees that it would pay and thereafter intended to pay such wage to each of its employees in every occupation and provided further that all the provisions of this article have not become applicable to such institution by operation of paragraph (c) of this subdivision. (c) Termination of option. All the provisions of this article, including all of the provisions of any wage order issued thereunder which, but for the operation of paragraph (b) of this subdivision, would apply to any nonprofitmaking institution, shall become fully applicable to such institution sixty days after such institution files a notice with the commissioner requesting that the provisions of such wage order apply to it, or immediately upon the issuance of an order by the commissioner finding that such institution has failed to pay the wages provided in paragraph (b) of this subdivision, but in no event shall any such order discharge the obligation of such institution to pay the wages provided by paragraph (b) of this subdivision for any period prior to the issuance of such order. 4. Notwithstanding subdivisions one and two of this section, the wage for an employee who is a food service worker receiving tips shall be a cash wage of at least three dollars and thirty cents per hour on or after March thirty-first, two thousand; three dollars and eighty-five cents on or after January first, two thousand five; at least four dollars and thirtyfive cents on or after January first, two thousand six; and at least four dollars and sixty cents on or after January first, two thousand seven, provided that the tips of such an employee, when added to such cash wage, are equal to or exceed the minimum wage in effect pursuant to subdivision one of this section and provided further that no other cash wage is established pursuant to section six hundred fifty-three of this article. In the event the cash wage payable under the Fair Labor Standards Act (29 United States Code Sec. 203 (m), as amended), is increased after enactment of this subdivision, the cash wage payable under this subdivision shall automatically be increased by the proportionate increase in the cash wage payable under such federal law, and will be immediately enforceable as the cash wage payable to food service workers under this article. 5. Notwithstanding subdivisions one and two of this section, meal and lodging allowances for a food service worker receiving a cash wage amounting to three dollars and thirty cents per hour on or after March thirty-first, two thousand; three dollars and eighty-five cents on or after January first, two thousand five; four dollars and thirty-five cents on or after January first, two thousand six; and four dollars and sixty cents on or after January first, two thousand seven, shall not increase more than two-thirds of the increase required by subdivision two of this section as applied to state wage orders in effect pursuant to subdivision one of this section. 6. Notwithstanding subdivision two of this section and subdivision two of section six hundred fifty-three of this article, a modification in the hourly cash wage or meal and lodging credits as applied to food service workers and service employees paid in accordance with Part 146 of Title 12 of the New York state compilation of codes, rules and regulations that would otherwise be based on the increases in the hourly minimum wage that will become effective on December thirty-first, two thousand thirteen, December thirty-first, two thousand fourteen and December thirty-first, two thousand fifteen shall be made by a wage order promulgated by the commissioner pursuant to section six hundred fifty-six of this article and provided further that, for the purposes of the modifications based on such increases provided for in subdivision two of this section only, the maximum credit for tips in such wage order shall be modified so that such credit, when combined with the cash wage, is equal to the minimum wage. Any time after the effective date of the chapter of the laws of two thousand thirteen which added this subdivision, the commissioner shall appoint a wage board pursuant to the provision of subdivision one of section six hundred fifty-five of this article to inquire and report and recommend any changes to the wage order governing wages payable to such food service workers and service employees sufficient to provide adequate maintenance and to protect the health and livelihood of employees subject to such a wage order. Such wage board shall make such report and recommendations to the commissioner within six months of its establishment. The commissioner shall act upon such report and recommendations pursuant to the provisions of section six hundred fifty-six of this article. 220 The wages to be paid for a legal day's work, to laborers, workmen or mechanics upon such public works, shall be not less than the prevailing rate of wages. Serving laborers, helpers, assistants and

apprentices shall not be classified as common labor and shall be paid not less than the prevailing rate of wages. (http://www.labor.state.ny.us/business_ny/employer_responsibilities/prevailing_wage_info.html) [Note: Effective January 1, 2005, the New York city living wage incentive requires low-wage workers employed by firms receiving certain service contracts or economic development benefits from the City of New York, be paid $10.75 per hour and $1.50 for health insurance, and $13.00 per hour without health insurance benefits. [Editors Note] The living wage ordinance for Syracuse specifies the formula for updating the living wage rates annually on April 1st of each year. The existing wage rates are adjusted based on the growth in the annual CPI for all Urban Consumers. Effective April 1, 2006, the percentage increase in the CPI for 2005 instead of 2004 is used. Effective April 1, 2006 the new living wage rates for Syracuse are $10.08/hr. x 1.036 + $10.44/hr if employer provides benefits and $11.91 per hour x 1.036 = $12.34 per hour if the employer does not provide benefits [Editors Note] Effective July 1, 2006 the new living wage rate for Suffolk County is $10.02 if the employer provides health care benefits and $11.41 per hour if no benefits are provided. Living wage rates for child care providers also increases to $9.64 per hour if benefits are provided and $10.50 if no benefits are provided. [Editor's Note:] Effective March 24, 2007, service contractors and subcontractors in the City of Buffalo with contracts of $50,000 or more are required to pay employees a living wage rate of $9.59 per hour if employer provides benefits and $10.77 per hour if the employer does not provide benefits. Effective January 1, 2008 the living wage rate will increase to $9.90 per hour if the employer provides benefits and $11.11 per hour if no benefits are provided. 137-1.1.Application. Every employer in the restaurant industry shall pay to each employee, as defined in this Part, not less than the minimum wage rates provided in this Part. 137-1.2 Basic Minimum Hourly Wage Rates. The basic minimum hourly rate shall be: (a) $5.15 per hour on and after March 31, 2000; (b) $6.00 per hour on and after January 1, 2005; (c) $6.75 per hour on and after January 1, 2006; (d) $7.15 per hour on and after January 1, 2007; (e) $7.25 per hour on and after July 24, 2009; or, if greater, such other wage as may be established by Federal law pursuant to 29 U.S.C. section 206 or any successor provisions. 137-1.3 Overtime hourly rate. An employer shall pay an employee for overtime at a wage rate of 1 1/2 times the employee's regular rate for hours worked in excess of 40 hours in one workweek. 137-1.4 Tip allowance for Service Employees. (a) Allowance for tips shall not exceed: (1) On and after March 31, 2000, $1.15 an hour for an employee whose average of tips received is between $1.15 and $1.65 per hour; $1.65 per hour for an employee whose average of tips received is $1.65 per hour or more; (2) On and after January 1, 2005, $1.35 an hour for an employee whose average of tips received is between $1.35 and $1.90 per hour; $1.90 per hour for an employee whose average of tips received is $1.90 per hour or more; (3) On and after January 1, 2006, $1.50 an hour for an employee whose average of tips received is between $1.50 and $2.15 per hour; $2.15 per hour for an employee whose average of tips received is $2.15 per hour or more; (4) On and after January 1, 2007, $1.60 an hour for an employee whose average of tips received is between $1.60 and $2.30 per hour; $2.30 per hour for an employee whose average of tips received is $2.30 per hour or more; (5) On and after July 24, 2009, $1.60 per hour for an employee whose average of tips received is between $1.60 and $2.35 per hour; $2.35 per hour for an employee whose average of tips received is $2.35 per hour or more. (b) No allowance for tips or gratuities shall be permitted for an employee whose weekly average of tips is less than: (1) $1.15 per hour on and after March 31, 2000; (2) $1.35 per hour on and after January 1, 2005; (3) $1.50 per hour on and after January 1, 2006; and (4) $1.60 per hour on and after January 1, 2007. 137-1.5 Tip Allowance for Food Service Worker. (a) On or after March 31, 2000, a food service worker shall receive a cash wage of at least $3.30 per hour, provided that the tips of such worker, when added to such cash wage, are equal to or exceed $5.15 per hour. (b) On or after January 1, 2005, a food service worker shall receive a cash wage of at least $3.85 per hour, provided that the tips of such worker, when added to such cash wage, are equal to or exceed $6.00 per hour. (c) On or after January 1, 2006, a food service worker shall receive a cash wage of at least $4.35 per hour, provided that the tips of such worker, when added to such cash wage, are equal to or exceed $6.75 per hour. (d) On or after January 1, 2007, a food service worker shall receive a cash wage of at least $4.60 per hour, provided that the tips of such worker, when added to such cash wage, are equal to or exceed $7.15 per hour. (e) On or after July 24, 2009, a food service worker shall receive a cash wage of at least $4.65 per hour, provided that the tips of such worker, when added to such cash wage, are equal to or exceed $7.25 per hour.

137-1.6 Call-in pay rate. (a) An employee who by request or permission of the employer reports for duty on any day, whether or not assigned to actual work, shall be paid at the applicable minimum wage rate: (1) for at least three hours for one shift, or the number of hours in the regularly scheduled shift, whichever is less; (2) for at least six hours for two shifts totalling six hours or less; or the number of hours in the regularly scheduled shift, whichever is less; and (3) for at least eight hours for three shifts totalling eight hours or less, or the number of hours in the regularly scheduled shift, whichever is less. 137-1.7 Additional rate for spread of hours. On each day in which the spread of hours exceeds 10, an employee shall receive one hour's pay at the basic minimum hourly wage rate before allowances, in addition to the minimum wages otherwise required in this Part. 137-1.8 Rate for Required Uniforms. No allowance for the supply, maintenance, or laundering of required uniforms shall be permitted as part of the minimum wage. Where an employee purchases a required uniform he shall be reimbursed by the employer for the cost thereof not later than the time of the next payment of wages. Where the employer fails to launder or maintain required uniforms for any employee, he shall pay such employee in addition to the minimum wage prescribed herein: (a) $6.40 per week on and after March 31, 2000, if the employee works more than 30 hours weekly; $5.05 per week on and after March 31, 2000, if the employee works more than 20 but not more than 30 hours weekly; and $3.05 per week on and after March 31, 2000, if the employee works 20 hours or less weekly; (b) $7.45 per week on and after January 1, 2005, if the employee works more than 30 hours weekly; $5.90 per week on and after January 1, 2005, if the employee works more than 20 but not more than 30 hours weekly; and $3.55 per week on and after January 1, 2005, if the employee works 20 hours or less weekly; (c) $8.40 per week on and after January 1, 2006, if the employee works more than 30 hours weekly; $6.60 per week on and after January 1, 2006, if the employee works more than 20 but not more than 30 hours weekly; and $4.00 per week on and after January 1, 2006, if the employee works 20 hours or less weekly; (d) $8.90 per week on and after January 1, 2007, if the employee works more than 30 hours weekly; $7.00 per week on and after January 1, 2007, if the employee works more than 20 but not more than 30 hours weekly; and $4.25 per week on and after January 1, 2007, if the employee works 20 hours or less weekly; (e) $9.00 per week on and after July 24, 2009, if the employee works more than 30 hours weekly; $7.10 per week on and after July 24, 2009, if the employee works more than 20 but not more than 30 hours weekly; and $4.30 per week on and after July 24, 2009, if the employee works 20 hours or less weekly. 137-1.9 Allowances for Meals and Lodging. (a) Allowances for meals. (1) Meals furnished by an employer to an employee shall be valued at no more than: (i) $1.65 per meal on and after March 31, 2000, for food service workers receiving a cash wage of at least $3.30 per hour; and $1.75 per meal on and after March 31, 2000, for all other workers; (ii) $1.85 per meal on and after January 1, 2005, for food service workers receiving a cash wage of at least $3.85 per hour; and $2.05 per meal on and after January 1, 2005, for all other workers; (iii) $2.00 per meal on and after January 1, 2006, for food service workers receiving a cash wage of at least $4.35 per hour; and $2.30 per meal on and after January 1, 2006, for all other workers; (iv) $2.10 per meal on and after January 1, 2007, for food service workers receiving a cash wage of at least $4.60 per hour; and $2.45 per meal on and after January 1, 2007, for all other workers; (v) $2.10 per meal on and after July 24, 2009, for food service workers receiving a cash wage of at least $4.65 per hour; and $2.50 per meal on and after July 24, 2009, for all other workers. (2) An allowance for more than one meal shall not be permitted for any employee working less than five hours on any day. (3) An allowance for more than two meals shall not be permitted for any other employee on any day, except that an allowance of one meal per shift may be permitted for such an employee working on a split shift. (b) Allowances for lodging. Lodging furnished by an employer to an employee may be considered as part of the minimum wage but shall be valued at not more than: (1) $1.20 per day on and after March 31, 2000, for food service workers receiving a cash wage of at least $3.30 per hour; $1.25 per day on and after March 31, 2000 for all other workers; $7.60 per week on and after March 31, 2000, for food service workers receiving a cash wage of at least $3.30 per hour; and $8.05 per week on and after March 31, 2000, for all other workers; (2) $1.35 per day on and after January 1, 2005, for food service workers receiving a cash wage of at least $3.85 per hour; $1.45 per day on and after January 1, 2005, for all other workers; $8.45 per week on and after January 1, 2005, for food service workers receiving a cash wage of at least $3.85 per hour; and $9.40 per week on and after January 1, 2005, for all other workers; (3) $1.45 per day on and after January 1, 2006, for food service workers receiving a cash wage of at least $4.35 per hour; $1.65 per day on and after January 1, 2006, for all other workers; $9.15 per week on and after January 1, 2006, for food service workers receiving a cash wage of at least $4.35 per hour; and $10.55 per week on and after January 1, 2006, for all other workers; (4) $1.50 per day on and after January 1, 2007, for food service workers receiving a cash wage of at least $4.60 per hour; $1.75 per day on and after January 1, 2007, for all other workers; $9.50 per week on and after January 1, 2007, for food service workers receiving a cash wage of at least $4.60 per hour; and $11.15 per week on and after January 1, 2007, for all other workers; (5) $1.50 per day on and after July 24, 2009, for food service workers receiving a cash wage of at least $4.65 per hour; $1.75 per day on and after July 24, 2009, for all other workers; $9.60 per week on and after July 24, 2009, for food service workers receiving a cash wage of at least $4.65 per hour; and $11.30 per week on and after July 24, 2009, for all

other workers. 146.1.1. Application. (a) Every employer in the hospitality industry must pay each employees, as defined in this part, at least the minimum wage rates provided in this part. (b) The rates provided herein shall apply, unless otherwise stated, on and after January 1, 2011 146.1.2. Basic Minimum Hourly Rate. The basic minimum hourly rate shall be $7.25 per hour, or, if greater, such other wage as may be established by federal law pursuant to 29 U.S.C. section 206 or any successor provisions. 146.1.3. Tip Credits. An employer may take a credit toward the basic minimum hourly rate if a service employee or food service worker receives enough tips and if the employee has been notified of the tip credit as required in Section 166.2.2. Such employees shall be considered tipped employees. (a) Tip Credits For Service Employees A service employee shall receive a wage rate of at least $5.65 per hour, and credit for tips shall not exceed $1.60 per hour, provided that the total tips received plus wages equals or exceeds $7.25 per hour. FOR RESORT HOTELS ONLY, a service employee shall receive a wage rate of at least $4.90 per hour, and credit for tips shall not exceed $2.35 per hour, if the weekly average of tips is at least $4.10 per hour. (b) Tip Credits For Food Service Workers A food service worker shall receive a wage of at least $5.00 per hour, and credit for tips shall not exceed $2.25 per hour, provided that total tips received plus the wages equals or exceeds $7.25 per hour. 196-d. Gratuities. 1. An employer shall not be prohibited from adding a mandatory gratuity as long as: (i) the charge is conspicuously disclosed to the customer before food or beverage is ordered; and (ii) no employer or his agent or an officer or agent of any corporation, shall retain any portion of such gratuity. The disclosure shall use ordinary language readily understood and shall appear in a type size similar to surrounding text. No employer or his agent or an officer or agent of any corporation, or any other person shall demand or accept, directly or indirectly, any part of the gratuities, received by an employee, or retain any part of a gratuity or of any charge purported to be a gratuity for an employee. This provision shall not apply to the checking of hats, coats or other apparel. Nothing in this subdivision shall be construed as affecting the allowances from the minimum wage for gratuities in the amount determined in accordance with the provisions of article nineteen of this chapter nor as affecting practices in connection with banquets and other special functions where a fixed percentage of the patron's bill is added for gratuities which are distributed to employees, nor to the sharing of tips by a waiter with a busboy or similar employee. An employer that imposes a mandatory service charge, administrative fee, or any other similar charge which is not distributed to employees as gratuities must provide written notice to customers in the contract or agreement for services and on the check or invoice that the charge is not a gratuity and will not be distributed to employees who provided service to guests, or if only a portion of the charge is distributed as gratuities, the portion distributed as gratuities must be identified. The written notice to customers in the contract or agreement for services shall appear in a type size no smaller than twelve point type. The statements in the check or invoice shall use ordinary language readily understood and shall appear in a type size similar to surrounding text. Notwithstanding the foregoing, prior to the effective date of a chapter of the laws of two thousand twelve that amended this section, any mandatory service or administrative charge, or any mandatory fee, imposed by an employer as part of a banquet serving twenty or more guests shall not be deemed a gratuity or charge purported to be a gratuity, and shall not form the basis of any liability under this section, any other provision of this chapter or any regulations implemented pursuant to this chapter despite the absence of such disclosure or as a result of any representation made by any employer or his agent unless such mandatory service or administrative charge, or any mandatory fee, was specifically represented in writing to be a gratuity paid to a food service worker, as defined in 12 N.Y.C.R.R. 146-3.4, by the employer or his agent. North Carolina 95-25.3 (a) Subject to the provisions of subsection (a1) of this section, every employer shall pay to each employee who in any workweek performs any work, wages of at least seven dollars and twenty five cents ($7.25) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C. 206(a)(1), as that wage may change from time to time, whichever is higher, except as otherwise provided in this section. (a1) The minimum wage required by subsection (a) of this section shall be increased on January 1, 2008, and on January 1 of successive years by the increase in the cost of living. The increase in the cost of living shall be measured by the percentage increase of the consumer price index (all urban consumers, U.S. city average for all items), CPI U, or its successor index, as calculated by the U.S. Department of Labor for the 12 months preceding the previous September 1. The Commissioner shall calculate the indexed minimum wage rate. The indexed minimum wage rate shall be calculated to the nearest cent ($0.01). (b) In order to prevent curtailment of opportunities for employment, the wage rate for full time students, learners, apprentices, and messengers, as defined under the Fair Labor Standards Act, shall be ninety percent (90%) of the rate in effect under subsection (a) above, rounded to the lowest nickel. (c) The Commissioner, in order to prevent curtailment of opportunities for employment, may, by regulation, establish a wage rate less than the wage rate in effect under section (a) which may apply to persons whose earning or productive capacity is impaired by

age or physical or mental deficiency or injury, as such persons are defined under the Fair Labor Standards Act. (d) The Commissioner, in order to prevent curtailment of opportunities for employment of the economically disadvantaged and the unemployed, may, by regulation, establish a wage rate not less than eighty five percent (85%) of the otherwise applicable wage rate in effect under subsection (a) which shall apply to all persons (i) who have been unemployed for at least 15 weeks and who are economically disadvantaged, or (ii) who are, or whose families are, receiving Work First Family Assistance or who are receiving supplemental security benefits under Title XVI of the Social Security Act. Pursuant to regulations issued by the Commissioner, certificates establishing eligibility for such subminimum wage shall be issued by the Employment Security Commission. The regulation issued by the Commissioner shall not permit employment at the subminimum rate for a period in excess of 52 weeks. (e) The Commissioner, in order to prevent curtailment of opportunities for employment, and to not adversely affect the viability of seasonal establishments, may, by regulation, establish a wage rate not less than eighty five percent (85%) of the otherwise applicable wage rate in effect under subsection (a) which shall apply to any employee employed by an establishment which is a seasonal amusement or recreational establishment, or a seasonal food service establishment. (f) Tips earned by a tipped employee may be counted as wages only up to the amount permitted in section 3(m) of the Fair Labor Standards Act, 29 U.S.C. 203(m), if the tipped employee is notified in advance, is permitted to retain all tips and the employer maintains accurate and complete records of tips received by each employee as such tips are certified by the employee monthly or for each pay period. Even if the employee refuses to certify tips accurately, tips may still be counted as wages when the employer complies with the other requirements of this section and can demonstrate by monitoring tips that the employee regularly receives tips in the amount for which the credit is taken. Tip pooling shall also be permissible among employees who customarily and regularly receive tips; however, no employee's tips may be reduced by more than fifteen percent (15%) under a tip pooling arrangement. 95-25.3A (a)any employer may, in lieu of the minimum wage prescribed by subsections (a) through (e) of G.S. 95-25.3, pay an eligible employee a training wage while such employee is: (1) Employed for the period authorized in paragraph (h)(1)c.1. of this section, or (2) Engaged in on-the-job training for the period authorized by paragraph (h)(1)c.2. of this section. This training wage shall be a wage: a. Of not less than three dollars and thirty-five cents ($3.35) per hour beginning January 1,1992; and b. Beginning January 1, 1993, eighty-five percent (85%) of the wage prescribed by G.S. 95-25.3(a). (b) An employer may pay an eligible employee the training wage under subsection (a) of this section for a period that: (1) Begins on or after January 1, 1992; (2) Does not exceed the maximum period during which an employee may be paid such wage as determined under sub-subdivision (h)(1)c. of this section; and (3) Ends before April 1, 1993. (c) No eligible employee may be paid the training wage under subsection (a) of this section by an employer if: (1) Any other individual has been laid off by such employer from the position to be filled by such eligible employee or from any substantially equivalent position; or (2) Such employer has terminated the employment of any regular employee or otherwise reduced the number of employees with the intention of filling the vacancy so created by hiring an employee to be paid such training wage. North Dakota [Editor s note:] Effective July 24, 2009 the minimum wage is $7.25 per hour, the allowable tip credit is $5.12 and the cash wage amount is set at $2.13 per hour. 46-02-07-02. The North Dakota minimum wage shall be no less than seven dollars and twenty five cents per hour and must be paid to all employees in every occupation in the state. The following are exempt from minimum wage and working conditions provided in this chapter: a. Employees of nonprofit camps that are directly youth-related and intended for educational purposes. b. A guide, cook, or camp-tender for a hunting or fishing guide service. c. Golf course caddies. d. Any person in a program for youthful or first-time offenders designed as an alternative to incarceration if the person: (1) Voluntarily enters into the program for personal benefit; (2) Does not displace regular employees or infringe on the employment opportunities of others; (3) Is under the supervision or control of a court; and (4) Performs the work without contemplation of pay. e. Prison or jail inmates who do work for the prison, jail, institution, or other areas directly associated with the incarceration program. The work must be performed for the prison, jail, institution, state, or a political subdivision. f. Actors or extras for a motion picture. g. Any person working on a casual basis for less than twenty hours per week for less than three consecutive weeks in domestic service employment providing baby-sitting services. h. Volunteers as described in this subdivision: (1) Individuals who donate their time and services, usually on a part-time basis, including public service, humanitarian objectives, religious, fraternal, nonprofit, and charitable organizations, not as employees and without contemplation of pay. (2) Individuals who provide services to hospitals or nursing homes to provide support and assistance to families and patients. (3) Regular employees of religious, nonprofit, or charitable organizations may volunteer their services for activities outside of their normal work duties. (4) Residents or patients of shelters, foster care, or other such related establishments may volunteer their services as long as regular employees are not displaced. Student trainees meeting the following six criteria: (1) The training is similar to that in a vocational school. (2) The training is clearly for the benefit of the trainee. (3) The trainee does not displace regular employees. (4) The employer derives no immediate benefit. (5) The trainee is not entitled to a job. (6) The trainee is not entitled to wages. 2. The commissioner may issue subminimum wages for students enrolled in vocational education or related programs as long as the wage is not below eighty-five percent of the current state minimum

wage. The process for granting subminimum wages for students includes: a. The student must complete the application for subminimum wage certificate for vocational education students (SFN 51370). The application (SFN 51370) includes: the employee's name, address, and signature; the employer's name, type of business, address, and signature; a description of the job; the pay rate; the vocational education instructor's signature. b. Upon receipt of the application the commissioner may issue a license to pay a subminimum wage to the employee for not more than one year. 3. [Workers with Disabilities.]--The process for granting sub-minimum wages to individuals with disabilities in accordance with North Dakota Century Code section 34-06-15 includes: a. The disabled worker must complete the application for subminimum wage certificate for individuals with disabilities (SFN 51371). The application (SFN 51371) includes: the employee's name, address, and signature; the employer's name, type of business, address, and signature; a description of the job; the prevailing wage; the proposed pay rate; and an analysis of the employee's productive capacity. A physician's signed verification of the disability in relationship to the job duties or existing supporting evidence of the disability must be provided. b.in order to be paid less than the minimum wage, documentation of the employee's commensurate wage rate must be provided to the commissioner and maintained by the employer. Commensurate wages are determined by assessing nondisabled worker productivity, the prevailing wage rate for the same or similar work, and an evaluation of the worker's own efficiency. c. Upon receipt of the application and documentation the commissioner may issue a license to pay a subminimum wage to the employee for not more than one year. d. The worker's commensurate wage rate must be reevaluated by the employer every six months and adjusted accordingly; the employer must maintain all documentation. The commissioner may issue a special license to pay less than the minimum wage to nonprofit community rehabilitation programs for the handicapped under North Dakota Century Code section 34-06-15. Those programs must conduct a recognized program for rehabilitation for handicapped workers or provide paid employment for such workers or other occupational rehabilitative activity of an educational or learning nature. Special licenses to these programs may be issued after the commissioner receives a copy of the application and license from the commensurate federal program for employment of disabled workers under special certificates. 46-02-07-03. 1. A tip credit of thirty-three percent of the minimum wage may be allowed for tipped employees. The employer may consider tips as part of wages, but such a tip credit must not exceed thirtythree percent of the minimum wage. The employer who elects to use the tip credit provision must inform the employee in advance and must maintain written records showing that the employee receives at least the minimum wage when direct wages and the tip credit allowance are combined. 2. Tip pooling is allowed only among the tipped employees. A vote of tipped employees to allow tip pooling must be taken, and fifty percent plus one of all tipped employees must approve it. The employer must maintain a written record of each vote on tip pooling, including names of employees voting and the vote totals. A vote on whether to pool tips is required if requested by fifty-one percent or more of the tipped employees. The tipped employees shall provide documentation verifying the request. Time spent in meetings called by the employees exclusively for tip issues is not work-time. 3.Tipped employees employed in the nonprofit gaming industry means all employees who are employed as gaming attendants by a gaming organization licensed under North Dakota Century Code section 53-06.1-03. a. Gaming sites that regularly have four or fewer tipped employees on duty can require tip pooling among all tipped employees at the site. b. A gaming organization licensed under North Dakota Century Code section 53-06.1-03 may require tip pooling by blackjack (twenty-one) dealers at an authorized site as provided in North Dakota century Code 53-06.1.10. This tip-pooling requirement only pertains to any employee, pit boss, or supervisor when actually dealing blackjack (twenty-one). c. Pit bosses or supervisors at gaming sites are not tipped employees and cannot be part of the tip pool when performing functions of those positions other than dealing blackjack (twenty-one). Ohio 34-06-15. The commissioner may issue to an employee whose productive capacity for the work to be performed is impaired by physical or mental disability, or to any student or learner enrolled in a vocational education or related program, a special license authorizing the employment of that licensee at less than the minimum wage. The commissioner may also issue special licenses to community rehabilitation programs for the handicapped which engage in the occupation and responsibility of representing and placing for the purpose of training, learning, or employment of those employees whose productive capacity for the work to be performed is impaired by physical or mental disability. The commissioner shall issue such licenses under rules adopted by the commissioner. 4111.01 "Employer" is any governmental entity, business association, or person or group of persons acting in the interest of an employer in relation to an employee. "Employee" is any individual employed by an employer, but does not included individuals employed: by the United States; as a baby sitter or live-in companion (whose principal duties do not include housekeeping); in outside sales compensated by commissions; in services of a charitable nature; at a camp or recreational area for minors, if operated by a nonprofit organization; employees of a solely family owned and operated business who are family members of an owner. "Wage" is compensation due to an employee by reason of his employment, payable in legal tender or check on banks convertible to cash, including direct deposit. Wages also include the reasonable cost to employers for furnishing to an employee board, lodging, or other facilities, if customarily furnished. "Overtime" shall be paid at one and one-half the employee's wage rate for hours

worked over 40 in a pre-established work week, consisting of not more than seven consecutive days. "Pay Period" employees are entitled to wages no less than on or before the 15th and 30th of each month. 4111.02 Every employer, as defined in Section 34a of Article II, Ohio Constitution, shall pay each of the employer's employees at a wage rate of not less than $7.85 per hour for non-tipped employees and $3.93 per hour for tipped employees as specified in Section 34a of Article II, Ohio Constitution. The director of commerce annually shall adjust the wage rate as specified in Section 34a of Article II, Ohio Constitution. As used in this section, "employee" has the same meaning as in section 4111.14 of the Revised Code. The Director of the Ohio Department of Commerce, pursuant to Ohio Revised Code section 4111.06, may authorize a special license for payment of less than the applicable minimum wage rate for those employing disabled workers. This is done by means of obtaining one of the following types of licenses: Work Activity Center Programs; Sheltered Workshop Program; On-The-Job Training Temporary Individual; Individual Regular Business or Industry; or Individual Program Rate in a Facility. [Editor s Note: For employees at smaller companies (with annual gross receipts of $283,000 or less per year in 2012 or $288,000 or less per year after January 1, 2013) and for 14- and 15- year-olds, the state minimum wage is $7.25 per hour. For these employees, the state wage is tied to the federal minimum wage of $7.25 per hour which requires an act of Congress and the President s signature to change..] 4111.07 The director of commerce may adopt rules under section 4111.05 of the Revised Code, permitting employment of apprentices at a wage rate not less than eighty-five per cent of the minimum wage rate applicable under sections 4111.01 to 4111.17 of the Revised Code. The rules shall provide for licenses to be issued for periods not to exceed ninety days and authorizing employment at the wages of specific individuals or groups of employees, or by specific employers or groups of employers, pursuant to the rules. 4111.06 In order to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the minimum wage rates under sections 4111.01 to 4111.17 of the Revised Code, the director of commerce shall adopt rules under section 4111.05 of the Revised Code, permitting employment in any occupation at wages lower than the wage rates applicable under sections 4111.01 to 4111.17 of the Revised Code, of individuals whose earning capacity is impaired by physical or mental deficiencies or injuries. The rules shall provide for licenses to be issued authorizing employment at the wages of specific individuals or groups of employees, or by specific employers or groups of employers, pursuant to the rules. The rules shall not conflict with the "Americans with Disabilities Act of 1990," 104 Stat. 328, 42 U.S.C.A. 12111, et seq. 4111.01 "Wage" also includes the reasonable cost to the employer of furnishing to an employee board, lodging, or other facilities, if the board, lodging, or other facilities are customarily furnished by the employer to the employer's employees. The cost of board, lodging, or other facilities shall not be included as part of wage to the extent excluded therefrom under the terms of a bona fide collective bargaining agreement applicable to the employee. 122.452 The director of development shall not enter into any agreement for granting a loan or insuring a mortgage unless the agreement specifies that all wages paid to laborers and mechanics employed for work on such projects shall be paid at the prevailing rates of wages of laborers and mechanics for the class of work called for by such project, which wages shall be determined in accordance with the requirements of Chapter 4115. of the Revised Code for determination of prevailing wage rates, provided that the requirements of this section do not apply where the federal government or any of its agencies furnishes by loan or grant all or any part of the funds used in connection with such project and prescribes predetermined minimum wages to be paid to such laborers and mechanics; and providing further that should a nonpublic user beneficiary of the project undertake, as part of the project, construction to be performed by its regular bargaining unit, employees who are covered under a collective bargaining agreement which was in existence prior to the date of the commitment instrument undertaking to insure a mortgage or grant a loan then, in that event, the rate of pay provided under the collective bargaining agreement may be paid to such employees. (http://198.234.41.198/w3/webwh.nsf?opendatabase) 4115.05 The prevailing rate of wages to be paid for a legal day s work, as prescribed in section 4115.04 of the Revised Code, to laborers, workers, or mechanics upon public works shall not be less at any time during the life of a contract for the public work than the prevailing rate of wages then payable in the same trade or occupation in the locality where such public work is being performed, under collective bargaining agreements or understandings, between employers and bona fide organizations of labor in force at the date the contract for the public work, relating to the trade or occupation, was made, and collective bargaining agreements or understandings successor thereto. Serving laborers, helpers, assistants and apprentices shall not be classified as common labor and shall be paid not less at any time

during the life of a contract for the public work than the prevailing rate of wages then payable for such labor in the locality where the public work is being performed, under or as a result of collective bargaining agreements or understandings between employers and bona fide organizations of labor in force at the date the contract for the public work, requiring the employment of serving laborers, helpers, assistants, or apprentices, was made, and collective bargaining agreements or understandings successor thereto. Apprentices will be permitted to work only under a bona fide apprenticeship program if such program exists and is registered with the Ohio apprenticeship council.the allowable ratio of apprentices to skilled workers permitted to work shall not be greater than the ratio allowed the contractor or subcontractor in the collective bargaining agreement or understanding referred to in this section under which the work is being performed. In the event there is no such collective bargaining agreement or understanding in the immediate locality, then the prevailing rates of wages in the nearest locality in which such collective bargaining agreements or understandings are in effect shall be the prevailing rate of wages, in such locality, for the various occupations covered by sections 4115.03 to 4115.16 of the Revised Code.The prevailing rate of wages to be paid for a legal day s work, to laborers, workers, or mechanics, upon any material to be used in or in connection with a public work, shall be not less than the prevailing rate of wages payable for a day s work in the same trade or occupation in the locality within the state where such public work is being performed and where the material in its final or completed form is to be situated, erected, or used. Every contract for a public work shall contain a provision that each laborer, worker, or mechanic, employed by such contractor, subcontractor, or other person about or upon such public work, shall be paid the prevailing rate of wages provided in this section. No contractor or subcontractor under a contract for a public work shall sublet any of the work covered by such contract unless specifically authorized to do so by the contract. Where contracts are not awarded or construction undertaken within ninety days from the date of the establishment of the prevailing rate of wages, there shall be a redetermination of the prevailing rate of wages before the contract is awarded. Upon receipt from the director of commerce of a notice of a change in prevailing wage rates, a public authority shall, within seven working days after receipt thereof, notify all affected contractors and subcontractors with whom the public authority has contracts for a public improvement of the changes and require the contractors to make the necessary adjustments in the prevailing wage rates. If the director determines that a contractor or subcontractor has violated sections 4115.03 to 4115.16 of the Revised Code because the public authority has not notified the contractor or subcontractor as required by this section, the public authority is liable for any back wages, fines, damages, court costs, and attorney s fees associated with the enforcement of said sections by the director for the period of time running until the public authority gives the required notice to the contractor or subcontractor. On the occasion of the first pay date under a contract, the contractor or subcontractor shall furnish each employee not covered by a collective bargaining agreement or understanding between employers and bona fide organizations of labor with individual written notification of the job classification to which the employee is assigned, the prevailing wage determined to be applicable to that classification, separated into the hourly rate of pay and the fringe payments, and the identity of the prevailing wage coordinator appointed by the public authority. The contractor or subcontractor shall furnish the same notification to each affected employee every time the job classification of the employee is changed. 4115.06 Contract to contain provision requiring payment of certain wage rate. In all cases where any public authority fixes a prevailing rate of wages under section 4115.04 of the Revised Code, and the work is done by contract, the contract executed between the public authority and the successful bidder shall contain a provision requiring the successful bidder and all his subcontractors to pay a rate of wages which shall not be less than the rate of wages so fixed. The successful bidder and all his subcontractors shall comply strictly with the wage provisions of the contract. Where a public authority constructs a public improvement with its own forces, such public authority shall pay a rate of wages which shall not be less than the rate of wages fixed as provided in section 4115.04 of the Revised Code, except in those instances provided for in sections 723.52, 5517.02, 5575.01, and 5543.19 of the Revised Code. Oklahoma [Editors Note] For employees at smaller companies (with annual gross receipts of $283,000 or less per year in 2012 or $288,000 or less per year after January 1, 2013) and for 14- and 15-year-olds, the state minimum wage is $7.25 per hour. For these employees, the state wage is tied to the federal minimum wage of $7.25 per hour which requires an act of Congress and the President s signature to change. 197.2 Except as otherwise provided in the Oklahoma Minimum Wage Act [Sec. 197.1 et seq.], no employer within the State of Oklahoma shall pay any employee a wage of less than the current federal minimum wage of $7.25 for all hours worked. 197.5. Every employer shall pay to each of his employees who have reached eighteen (18) years of age wages at a rate of not less than Two Dollars ($2.00) per hour. Regardless of other provisions of the Oklahoma Minimum Wage Act [Sec. 197.1 et seq.], every employee of the State of Oklahoma or any

lessee or concessionaire thereof is hereby specifically covered by the Oklahoma Minimum Wage Act. 197.11. The Commissioner, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations provide for: (a) the employment of learners, of apprentices, and of messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to regulations of the Commissioner, at such wages lower than the minimum wage applicable and subject to such limitations as to time, number, proportion, and length of service as the Commissioner shall prescribe; and (b) the employment of individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, under special certificates issued by the Commissioner, at such wages lower than the minimum wage and for such period as shall be fixed in such certificates; and (c) any individual employed by any state, county, city, town, municipal corporation or quasi-municipal corporation, political subdivision, or any instrumentality thereof; and (d) students and regular attendants at any institution of higher learning, either public or private. 197.16. To compute the minimum wage of any employee coming within the purview of this act, credit toward the minimum required wage must be given for any tips or gratuities, meals or lodging received by the employee up to but not exceeding fifty percent (50%) of said wage. Oregon 197.17. Business establishments that furnish uniforms to their employees may take credit against the minimum wage in an amount equal to the reasonable cost of furnishing the uniforms. 653.025. 1) Except as provided by ORS 652.020 and the rules of the Commissioner of the Bureau of Labor and Industries issued under ORS 653.030 and 653.261, for each hour of work time that the employee is gainfully employed, no employer shall employ or agree to employ any employee at wages computed at a rate lower than $9.10 per hour for calendar year 2014 (2) (a) The Oregon minimum wage shall be adjusted annually for inflation, as provided in subsection (2) (b) below. (b) No later than September 30 of each year, beginning in calendar year 2003, the commissioner shall calculate an adjustment of the wage amount specified in subsection (1) of this section based upon the increase (if any) from August of the preceding year to August of the year in which the calculation is made in the U.S. City Average Consumer price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor.(c) The wage amount established under this subsection shall:(a) Be rounded to the nearest five cents; and (B) Become effective as the new Oregon minimum wage, replacing the dollar figure specified in ORS 653.025(1), on January 1 of the following year. 653.035 (1) Employers may deduct from the minimum wage to be paid employees under ORS 653.025, 653.030 or 653.261, the fair market value of lodging, meals or other facilities or services furnished by the employer for the private benefit of the employee. (2) Employers may include commission payments to employees as part of the applicable minimum wage for any pay period in which the combined wage and commission earnings of the employee will comply with ORS 653.010 to 653.261. In any pay period where the combined wage and commission payments to the employee do not add up to the applicable minimum wage under ORS 653.010 to 653.261, the employer shall pay the minimum rate as prescribed in ORS 653.010 to 653.261. (3) Employers, including employers regulated under the Federal Fair Labor Standards Act, may not include any amount received by employees as tips in determining the amount of the minimum wage required to be paid by ORS 653.010 to 653.261. 653.070 (1) As used in this section: (a) "Bona fide professional training program" includes any professional training program approved by the Superintendent of Public Instruction pursuant to rules of the State Board of Education which provides for part-time employment training which may be scheduled for a part of the workday or workweek, for alternating weeks or for other limited periods during the year, supplemented by and integrated with a definitely organized plan of instruction designed to teach technical knowledge and related information given as a regular part of the student-learner's course by an accredited school, college or university. (b) "Student-learner" means a student who is receiving instruction in an accredited school, college or university and who is employed on a part-time basis, pursuant to a bona fide professional training program. (2) Notwithstanding ORS 653.025, employers shall pay student-learners at least 75 percent of the minimum wage prescribed by ORS 653.025. (3) The number of hours of employment training for a student-learner at subminimum wages, when added to the hours of school instruction, shall not exceed eight hours on any day or 40 hours in any week. (4) The Commissioner of the Bureau of Labor and Industries may adopt rules prescribing the procedures and requirements for application and issuance of special certificates authorizing the employment of studentlearners at subminimum wages. The rules shall require that the following conditions be satisfied before the issuance of such special certificates: (a) The employment of the student-learner at subminimum wages authorized by the special certificate must be necessary to prevent curtailment of opportunities for employment. (b) The occupation for which the student-learner is receiving preparatory training must require a sufficient degree of skill to necessitate a substantial learning period. (c) The training must not be for the purpose of acquiring manual dexterity and high production speed in repetitive operations. (d) The employment of a student-learner must not have the effect of displacing a worker employed in the

establishment. (e) The employment of the student-learners at subminimum wages must not tend to impair or depress the wage rates or working standards established for experienced workers for work of a like or comparable character. (f) The occupational needs of the community or industry warrant the training of student-learners.(g) There are no serious outstanding violations of the provisions of a student-learner certificate previously issued to the employer, or serious violations of any other provisions of law by the employer which provide reasonable grounds to conclude that the terms of the certificate would not be complied with, if issued. (h) The issuance of such a certificate would not tend to prevent the development of apprenticeship under ORS chapter 660 or would not impair established apprenticeship standards in the occupation or industry involved. (i) The number of student-learners to be employed in one establishment must not be more than a small proportion of its working force. 279.350 Workers on public works to be paid not less than prevailing rate of wage; posting of rates and health and welfare plan provisions.--(1) The hourly rate of wage to be paid by any contractor or subcontractor to workers upon all public works shall be not less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality where such labor is performed. The obligation of a contractor or subcontractor to pay the prevailing rate of wage may be discharged by making the payments in cash, by the making of contributions of a type referred to in ORS 279.348(4)(a), or by the assumption of an enforceable commitment to bear the costs of a plan or program of a type referred to in ORS 279.348(4)(b), or any combination thereof, where the aggregate of any such payments, contributions and costs is not less than the prevailing rate of wage. (http://www.boli.state.or.us/wage/whprev.html) 279C.825. (1)(a) The Commissioner of the Bureau of Labor and Industries, by order shall establish a fee to be paid by the public agency that awards a public works contract subject to ORS 279C.800 to 279C.870. The commissioner shall use the fee to pay the costs of:(a) Surveys to determine the prevailing rates of wage;(b) Administering and providing investigations under and enforcement of ORS 279C.800 to 279C.870; and(c) Providing educational programs on public contracting law under the Public Contracting Code. (b) The commissioner shall establish the fee at 0.1 percent of the contract price. However, in no event may a fee be charged and collected that is less than $250 or more than $7,500. (2) The commissioner shall pay moneys received under this section into the State Treasury. The moneys shall be credited to the Prevailing Wage Education and Enforcement Account created by ORS 651.185. (3) The public agency shall pay the fee at the time the public agency enters into the public works contract. SECTION 2. Section 8, chapter 844, Oregon Laws 2007, is repealed. SECTION 3. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect on its passage. 653.025. 1) Except as provided by ORS 652.020 and the rules of the Commissioner of the Bureau of Labor and Industries issued under ORS 653.030 and 653.261, for each hour of work time that the employee is gainfully employed, no employer shall employ or agree to employ any employee at wages computed at a rate lower than: $8.80 per hour effective with calendar year beginning January 1, 2012. (2) (a) The Oregon minimum wage shall be adjusted annually for inflation, as provided in subsection (2) (b) below. (b) No later than September 30 of each year, beginning in calendar year 2003, the commissioner shall calculate an adjustment of the wage amount specified in subsection (1) of this section based upon the increase (if any) from August of the preceding year to August of the year in which the calculation is made in the U.S. City Average Consumer price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor.(c) The wage amount established under this subsection shall:(a) Be rounded to the nearest five cents; and (B) Become effective as the new Oregon minimum wage, replacing the dollar figure specified in ORS 653.025(1), on January 1 of the following year. 839-025-0700. Prevailing wage rate determination; Amendments to prevailing wage rate determination for period beginning April 1, 2013; Publication of rates (1) Pursuant to ORS 279C.815, the Commissioner of the Bureau of Labor and Industries has determined that the wage rates stated in the publication of the Bureau of Labor and Industries entitled Prevailing Wage Rates on Public Works Contracts in Oregon dated January 1, 2013, are the prevailing rates of wage for workers upon public works in each trade or occupation in the locality where work is performed for the period beginning January 1, 2013, and the effective dates of the applicable special wage determination and rates amendments: Amendments to Oregon Determination 2013-01 (effective April 1, 2013). (2) Copies of Prevailing Wage Rates on Public Works Contracts in Oregon dated January 1, 2013, are available from any office of the Wage and Hour Division of the Bureau of Labor and Industries. The offices are located in Eugene, Portland and Salem. Copies are also available on the bureau s webpage at http://www.oregon.gov/boli or may be obtained from the Prevailing Wage Rate Coordinator, Prevailing Wage Rate Unit, Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon Street #1045, Portland, Oregon 97232; (971) 673-0839. [Editors Note:] Effective July 1, 2007 contractors in the city of Corvallis wit contracts for services in

Pennsylvania excess of $10,000 in any 12-month period, are required to pay a living wage rate or a combination of wages and healthcare benefits totaling at least $10.72 per hour. (a) Every employer shall pay to each of his or her employees wages for all hours worked at a rate of not less than: (1) Two dollars sixty-five cents ($2.65) an hour upon the effective date of this amendment. (2) Two dollars ninety cents ($2.90) an hour during the year beginning January 1, 1979. (3) Three dollars ten cents ($3.10) an hour during the year beginning January 1, 1980. (4) Three dollars thirty-five cents ($3.35) an hour after December 31, 1980. (5) Three dollars seventy cents ($3.70) an hour beginning February 1, 1989, and thereafter. (6) Five dollars fifteen cents ($5.15) an hour beginning September 1, 1997. (7) Six dollars twenty-five cents ($6.25) an hour beginning January 1, 2007. (8) Seven dollars fifteen cents ($7.15) an hour beginning July 1, 2007 (9) seven dollars and twenty five-cents ($7.25) an hour beginning July 24, 2009. (a.1) If the minimum wage set forth in the Fair Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. 201 et seq.) is increased above the minimum wage required under this section, the minimum wage required under this section shall be increased by the same amounts and effective the same date as the increases under the Fair Labor Standards Act, and the provisions of subsection (a) are suspended to the extent they differ from those set forth under the Fair Labor Standards Act. (b) The secretary, to the extent necessary to prevent curtailment of employment opportunities, shall by regulations provide for the employment of learners and students, under special certificates at wages lower than the minimum wage applicable under this section, and subject to such limitations as to number, proportion and length of service as the secretary shall prescribe: Provided, That the minimum wage prescribed under this subsection (b) shall not be less than eighty-five percent of the otherwise applicable wage rate in effect under section 4. A special certificate issued under this subsection shall provide that for six or less students for whom it is issued shall, except during vacation periods, be employed on a parttime basis and not in excess of twenty hours in any workweek at a sub-minimum rate. In the case of an employer who intends to employ seven or more students, at a sub-minimum rate, the secretary may issue a special certificate only if the employer certifies to the secretary that employment of such students will not create a substantial probability of reducing the full-time employment opportunities for other workers. (c) Employees shall be paid for overtime not less than one and one-half times the employee's regular rate as prescribed in regulations promulgated by the secretary: Provided, That students employed in seasonal occupations as defined and delimited by regulations promulgated by the secretary may, by such regulations, be excluded from the overtime provisions of this act: And provided further, That the secretary shall promulgate regulations with respect to overtime subject to the limitations that no pay for overtime in addition to the regular rate shall be required except for hours in excess of forty hours in a workweek. (d) An employee whose earning capacity is impaired by physical or mental deficiency or injury may be paid less than the applicable minimum wage if either a license specifying a wage rate commensurate with the employee's productive capacity has been obtained by the employer from the secretary or a Federal certificate is obtained under section 14(c) of the Fair Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. 201 et seq.). A license obtained from the secretary shall be granted only upon joint application of employer and employee. (e) In lieu of the minimum wage prescribed in subsection (a) and section 5(c) and notwithstanding subsections (b) and (d), an employer may, during the first sixty calendar days when an employee under the age of twenty years is initially employed, pay the employee training wages at a rate of not less than the minimum wage set forth in section 6(a) of the Fair Labor Standards Act (29 U.S.C. 206(a)). A person employed at the training wage under this subsection shall be informed of the amount of the training wage and the right to receive the full minimum wage, or a higher wage, upon completion of the training period. No employer may take any action to displace existing employees, including partial displacements such as reduction in the hours, wages or employment benefits of existing employees, for purposes of hiring individuals at the training wage authorized by this subsection. (4 amended July 9, 2006, P.L.1077, No.112) Section 5. (a) Employment in the following classifications shall be exempt from both the minimum wage and overtime provisions of this act: (1) Labor on a farm; (2) Domestic services in or about the private home of the employer; (3) Delivery of newspapers to the consumer; (4) In connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand, the major part of which circulation is within the county where published or counties contiguous thereto; (5) In a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools) or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the secretary, except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his or her workweek which he or she devotes to activities not directly or closely related to the performance of executive administrative activities, if less than forty percent of his or her hours worked in the workweek are devoted to such activities); (6) In the activities of an educational, charitable, religious or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organization gratuitously; (7) In seasonal employment, if the employee is under eighteen years of age, or if a student under twenty-four years of age, by a nonprofit health or welfare agency engaged in activities dealing with handicapped or exceptional children or by a nonprofit day or resident seasonal recreational camp for campers under the age of eighteen years, which operates for a period of less than three months in any one year; (8) ((8) repealed Dec. 15, 1988, P.L. 1232, No. 150) (9) In employment by an establishment which is a public amusement or recreational establishment,

organized camp, or religious or nonprofit educational conference center, if (i) it does not operate for more than seven months in any calendar year, or (ii) during the preceding calendar year, its average receipts of any six months of such year were not more than thirty-three and one-third percent of its average receipts for the other six months of such year; (10) Golf caddy; (11) In employment as a switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations; (12) Employees not subject to civil service laws who hold elective office or are on the personal staff of such an officeholder, are immediate advisers to him or her, or are appointed by him or her to serve on a policy-making level. (b) Employment in the following classifications shall be exempt from the overtime provisions of this act: (1) Seaman; (2) Any salesman, partsman, or mechanic primarily engaged in selling and servicing automobiles, trailers, trucks, farm implements, or aircraft if employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers; (3) Any driver employed by an employer engaged in the business of operating taxicabs; (4) Any employee employed as an announcer, news editor, or chief engineer by a radio or television station, the major studio of which is located (i) in a city or town of one hundred thousand population or less, according to the latest available decennial census figures as compiled by the Bureau of the Census, except where such city or town is part of a standard metropolitan statistical area, as defined and designated by the Bureau of the Budget, which has a total population in excess of one hundred thousand, or (ii) in a city or town of twenty-five thousand population or less, which is part of such an area but is at least forty airline miles from the principal city in such area; (5) Any employee engaged in the processing of maple sap into sugar (other than refined sugar) or syrup; (6) Employment by an establishment which is a motion picture theatre; (7) Any employee of a motor carrier with respect to whom the Federal Secretary of Transportation has power to establish qualifications and maximum hours of service under 49 U.S.C. 3102(b)(1) and (2) (relating to requirements for qualifications, hours of service, safety and equipment standards). (c) (1) Notwithstanding the provisions of section 4(a)(7) and (8), an employer unless otherwise exempt from the minimum wage provisions of section 4(a)(6) whose employee complement is composed of the equivalent of ten or less full-time employees to be calculated on a forty-hour workweek shall pay: (i) Five dollars sixty-five cents ($5.65) an hour beginning January 1, 2007. (ii) Six dollars sixty-five cents ($6.65) an hour beginning July 1, 2007. (2) Such employer shall pay the full amount of the minimum wage under section 4(a)(8) beginning July 1, 2008. Rhode Island [Editors Note] The new living wage rate for the city of Philadelphia is $7.73 per hour. 28-12-3. Minimum wages. -- 28-12-3. Minimum wages. -- (a) Every employer shall pay to each of his or her employees: commencing July 1, 1999, at least the minimum wage of five dollars and sixty five cents ($5.65) per hour. Commencing September 1, 2000, the minimum wage is six dollars and fifteen cents ($6.15) per hour. (b) Commencing January 1, 2004, the minimum wage is six dollars and seventyfive cents ($6.75) per hour. (c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents ($7.10) per hour. (d) Commencing January 1, 2007, the minimum wage is seven dollars and fortycents ($7.40) per hour. (e) Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five cents ($7.75) per hour. (f) Commencing January 1, 2014, the minimum wage is eight dollars ($8.00) per hour. SECTION 2. This act shall take effect upon passage. This act would raise the minimum wage commencing January 1, 2014 1 to eight dollars ($8.00) per hour, and would require adjustments by the department of labor and training commencing January 1, 2015. 28-12-5 a) Every employer shall pay to each of his or her employees who are engaged in any work or employment in which gratuities have customarily and usually constituted a part of his or her weekly income the rate as provided by sections 28-12-3 and 28-12-3.1. (b) Allowance for gratuities as part of the hourly wage rate for restaurants, hotels, and other industries except taxicabs and limited public motor vehicles shall be an amount equal to the applicable minimum wage rates as provided by sections 28-12-3 and 28-12-3.1 less two dollars and eighty-nine cents ($2.89) per hour. Gratuities shall mean voluntary monetary compensation received directly or indirectly by the employee for services rendered. In the case of taxicabs and limited public vehicles, the allowance for gratuities as part of the minimum rates as provided in section 28-12-3 shall not exceed twenty-five cents (25/c) per hour until December 31, 1996. (c) Each employer desiring to deduct from wages paid to an employee for gratuities as part of the minimum wage rates as provided in sections 28-12-3 and 28-12-3.1 shall provide substantial evidence that the amount is as set out in the formula in (b), however, the cash wage shall not be less than two dollars and eighty-nine cents ($2.89) per hour. The director of labor and training shall notify employers concerning what type of proof will be accepted as substantial evidence for the purpose of this subsection. Employees involved are entitled to a hearing on the question of the amount of deduction if they desire. (d) In cases where wages are figured by the employer on an incentive basis in such a manner that an employee of reasonable average ability earns at least the minimum wage established by sections 28-12-3 and 28-12-3.1, it shall be taken that the employer has complied with this statute. It shall be of no concern to the director of labor and training how the employer arrives at its wage scale so long as it is not unreasonable in its demands on the employee. (e) Where, in the case of the employment of a full-time student who has not attained his or her nineteenth (19th) birthday engaged in the activities of a nonprofit association or corporation, whose aims and objectives are of a religious, educational, librarial, or community service in nature, the employer-employee relationship does exist the employer shall pay to

each such employee wages at a rate of not less than ninety percent (90%) of the minimum wage as specified in section 28-12-3. In case of any conflict between provisions of this section and those of section 28-12-3.1, the provisions of section 28-12-3.1 shall govern. 28-12-9 Individuals whose earning capacity is impaired by physical or mental disability may be employed in any occupation at wages lower than the wage rates applicable under this chapter. The director of labor and training may provide for such employment by regulation, after public hearing at which any person may be heard, as he or she may find appropriate to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the applicable wage rates under this chapter. No employee shall be employed at wages fixed pursuant to this section except under a special license issued under applicable regulations of the director of labor and training. 28-12-10 Notwithstanding any order or regulation previously issued under chapter 289 of the general laws of 1938, as amended, learners and apprentices may be employed in an occupation at wages lower than the wage rates applicable under this chapter for learners and apprentices. The director of labor and training may provide for such employment by regulation, after a public hearing at which any employee may be heard, as he or she finds appropriate to prevent curtailment of opportunities for employment, and to safeguard the wage rates applicable under this chapter. No employee shall be employed at wages fixed pursuant to this section except under special license issued under applicable regulation of the director of labor. After a learner or apprentice has been employed for ninety (90) days, he or she shall be paid the rate provided in 28-12-3, notwithstanding any order or administrative regulation previously issued under chapter 289 of the general laws of 1938. 37-13-7 a) Every call for bids for every contract in excess of one thousand dollars ($1,000), to which the state of Rhode Island or any political subdivision thereof or any public agency or quasi-public agency is a party, for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works of the state of Rhode Island or any political subdivision thereof, or any public agency or quasi-public agency and which requires or involves the employment of employees, shall contain a provision stating the minimum wages to be paid various types of employees which shall be based upon the wages that will be determined by the director of labor and training to be prevailing for the corresponding types of employees employed on projects of a character similar to the contract work in the city, town, village, or other appropriate political subdivision of the state of Rhode Island in which the work is to be performed. Every contract shall contain a stipulation that the contractor or his or her subcontractor shall pay all the employees employed directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment computed at wage rates not less than those stated in the call for bids, regardless of any contractual relationships which may be alleged to exist between the contractor or subcontractor and the employees, and that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of the accrued payments as may be considered necessary to pay to the employees employed by the contractor, or any subcontractor on the work, the difference between the rates of wages required by the contract to be paid the employees on the work and the rates of wages received by the employees and not refunded to the contractor, subcontractors, or their agents. (http://www.dlt.ri.gov/pw/) South Carolina The state of South Carolina does not have a state minimum wage, however employers are required to apply federal rate, which is currently set at $7.25 an hour. South Dakota 60-11-3 Every employer shall pay to each employee wages at a rate of not less than seven dollars and twenty-five cents an hour. Violation of this section is a Class 2 misdemeanor. The provisions of this section do not apply to certain employees being paid an opportunity wage pursuant to 60-11-4.1, babysitters, or outside salespersons. The provisions of this section also do not apply to employees employed by an amusement or recreational establishment, an organized camp, or a religious or nonprofit educational conference center if one of the following apply: (1) The establishment, camp, or center does not operate for more than seven months in any calendar year; or (2) During the preceding calendar year, the average receipts of the establishment, camp, or center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year. 60-11-3.1. Any employer of a tipped employee shall pay a cash wage of not less than two dollars and thirteen cents an hour if the employer claims a tip credit against the employer's minimum wage obligation. If an employee's tips combined with the employer's cash wage of not less than two dollars and thirteen cents an hour do not equal the minimum hourly wage, the employer shall make up the difference as additional wages for each regular pay period of the employer. A tipped employee is one engaged in an occupation in which the employee customarily and regularly receives more than thirty-five dollars a month in tips or other considerations. This section does not apply to babysitters or outside salespersons. This section also does not apply to employees employed by an amusement or recreational establishment, an organized camp, or a religious or nonprofit educational conference center if one of the following

apply: (1) The establishment, camp, or center does not operate for more than seven months in any calendar year; or (2) During the preceding calendar year, the average receipts of the establishment, camp, or center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year. Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. An Act to revise the minimum wage law for certain seasonal employees and to declare an emergency. 60-11-4.1. Any employee who is under twenty years of age may be paid an opportunity wage as defined in section 6 of the Fair Labor Standards Amendments of 1996 as of October 1, 1996. Tennessee 60-11-5 The provisions of 60-11-3 and 60-11-4 shall not apply to apprentices, nor to persons learning the business or work in which employed, nor to a person mentally or physically deficient provided the department of labor of South Dakota shall issue a permit for their employment fixing the wage or compensation of such person. The state of Tennessee does not have a state minimum wage, however employers are required to apply federal rate, which is currently set at $7.25 an hour. 12-4-402. Prevailing Wage Act; Definitions (Eff. until 1/1/2014)]. As used in this part, unless the context otherwise indicates: (1) "Building contractor" means any contractor engaged in a state construction project as herein defined other than highway contractors; (2) "Commission" means the prevailing wage commission; (3) "Contractor" means any contractor, subcontractor, person, firm or corporation in the business of erection, remodeling, alteration, repairing, demolition, or making any additions to any building or buildings, or any construction project for the purpose of building, rebuilding, locating or relocating or repairing any streets, highways or bridges; (4) "Highway contractor" means any contractor engaged in a state construction project for the purpose of building, rebuilding, locating, or relocating or repairing any streets, highways or bridges; (5) "Prevailing wage" means the rate of pay as determined according to the provisions of this part; (6) "State construction project" means any construction project in an amount in excess of fifty thousand dollars ($50,000) for the purpose of the erection, remodeling, alteration, repairing, demolition, or making any additions to any building or buildings, or any other type of building and construction work wherein any state funds may be appropriated or expended for such building or construction work; or, irrespective of contract amount, any construction project for the purpose of building, rebuilding, locating, or relocating or repairing any streets, highways or bridges; and (7) "State contract" means any contractual agreement, written or oral, entered into by any person, firm or corporation with the state of Tennessee for the performance of work on a state construction project. 12-4-402. Prevailing Wage Act; Definitions (Eff. 1/1/2014)] As used in this part, unless the context otherwise requires: (1) Commission means the prevailing wage commission; (2) Highway contractor means any contractor, subcontractor, person, firm or corporation engaged in a state construction project for the purpose of building, rebuilding, locating, relocating or repairing any streets, highways or bridges; (3) Prevailing wage means the rate of pay as determined according to this part; (4) State contract means any contractual agreement, written or oral, entered into by any person, firm or corporation with this state for the performance of work on a state highway construction project; and (5) State highway construction project means any construction project for the purpose of building, rebuilding, locating, relocating or repairing any streets, highways or bridges. 12-4-403. Prevailing Wage Act; Establishment and payment of prevailing wage (Eff. until 1/1/2014). (a) It is hereby declared to be the policy of this state that the prevailing wage rate be determined by defined standards and that such rate be paid workers on all state construction projects. (b) Any contractor entering into a state contract for the performance of work on state construction projects shall pay not less than the prevailing wage rate for all types and classifications of such work as determined by the provisions of this part. 12-4-403.Prevailing Wage Act; Establishment and payment of prevailing wage (Eff. 1/1/2014) (a) It is hereby declared to be the policy of this state that the prevailing wage rate be determined by defined standards and that such rate be paid workers on all state highway construction projects. (b) Any highway contractor entering into a state contract for the performance of work on state highway construction projects shall pay not less than the prevailing wage rate for all types and classifications of such work as determined by the provisions of this part. 12-4-404. Prevailing Wage Act; Prevailing wage commission (Eff. until 1/1/2014)]. (a) There shall be a prevailing wage commission composed of five (5) members, including the Commissioner of Labor and Workforce Development, who shall serve as chairperson, the state architect, and the commissioner of transportation or the commissioner's designee. Two (2) members shall be appointed by the governor who shall serve terms of two (2) years. (b) The commission has the duty of determining the prevailing wage rate for state construction. (c) All reimbursement for travel expenses shall be in accordance with the

provisions of the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. 12-4-404. Prevailing Wage Act; Prevailing wage commission (Eff. 1/1/2014) (a) There shall be a prevailing wage commission composed of five (5) members, including the Commissioner of Labor and Workforce Development, who shall serve as chairperson, the state architect, and the commissioner of transportation or the commissioner's designee. Two (2) members shall be appointed by the governor who shall serve terms of two (2) years. (b) The commission has the duty of determining the prevailing wage rate for state highway construction. (c) All reimbursement for travel expenses shall be in accordance with the provisions of the comprehensive travel regulations as promulgat ed by the department of finance and administration and approved by the attorney general and reporter. 12-4-405. Prevailing Wage Act; Determination of prevailing wage rate (; Eff. until 1/1/2014). For purposes of this part, the prevailing wage rate shall be determined as follows: (1) Every contractor, as herein defined, in the state of Tennessee, shall have the right to certify, on contracts entered into, to the commission on or before October 31 in each year that a determination is to be made, the following: (A) Copies of payroll records for the immediate preceding calendar quarter by area as defined in subdivision (2); and (B) The numbers of man hours worked and the straight time rate per hour paid for such hours in each of the classifications referred to in this part by area as defined in subdivision (2) for the immediate preceding calendar quarter; (2)(A) For purposes of calculating the prevailing wage rate for workers employed by building. contractors, the state shall be deemed to consist of twelve (12) areas composed as follows: Area 1, Shelby County; Area 2, Crockett, Dyer, Fayette, Gibson, Hardeman, Haywood, Lake, Lauderdale, Obion, Tipton and Weakley counties; Area 3, Benton, Carroll, Chester, Decatur, Hardin, Henderson, Henry, Houston, Humphreys, McNairy, Perry, Stewart and Wayne counties; Area 4, Madison County; Area 5, Cheatham, DeKalb, Dickson, Macon, Montgomery, Robertson, Smith, Sumner, Trousdale, Williamson and Wilson counties; Area 6, Bedford, Cannon, Coffee, Franklin, Giles, Grundy, Hickman, Lawrence, Lewis, Lincoln, Marion, Marshall, Maury, Moore, Rutherford and Warren counties; Area 7, Anderson, Campbell, Clay, Cumberland, Fentress, Jackson, Morgan, Overton, Pickett, Putnam, Roane, Scott and White counties; Area 8, Hamilton County; Area 9, Bledsoe, Blount, Bradley, Loudon, McMinn, Meigs, Monroe, Polk, Rhea, Sequatchie, Sevier and Van Buren counties; Area 10, Knox County; Area 11, Carter, Claiborne, Cocke, Hancock, Grainger, Greene, Hamblen, Hawkins, Jefferson, Johnson, Sullivan, Unicoi, Union and Washington counties; Area 12, Davidson County; (B) For purposes of calculating the prevailing wage rate for workers employed by highway contractors, the state shall be deemed to consist of one (1) statewide area; (3)(A) For purposes of determining the prevailing wage rate for workers employed by building contractors, the commission may issue classifications of crafts of workers and apprentices, including, but not limited to, the following: air conditioning mechanics; air tool operator (jackhammer, vibrator); boilermakers; bricklayers; carpenters; cement finishers; electricians; elevator constructors; glaziers; iron workers, structural; iron workers, ornamental; iron workers, reinforcing; laborers; lathers; marble setters; air compressors; blade graders; bulldozers; cranes, derricks, draglines; distributors; finishing machinists; firefighter oilers; hoists, one (1) drum; hoists, two (2) drum; mixers, 11s and larger; mixers, smaller than 11s; mason tenders; mortar mixers; painters, brush; painters, structural steel; pile driverpersons; pipe layers (concrete and clay); plasterers; plasterers' tenders; plumbers; roofers; sheet metal workers; soft-floor layers; steam fitters; stone masons; terrazzo workers; tile setters; welders, receive rate prescribed for craft performing operations to which welding is incidental; truck drivers; motor graders; pile drivers; pumps; rollers; scrapers; shovels; tractors, forty (40) h.p. and larger; tractors, less than forty (40) h.p.; and trenching machines; (B) For purposes of determining the prevailing wage rate for workers employed by highway contractors, the commission may issue classifications of crafts of workers including, but not limited to, the following: bricklayers; iron workers, structural; iron workers, reinforcing; carpenter or leadsperson; cement mason; nozzleperson or gunperson (gunite); painter or sandblaster; shovel operator; backhoe operator; crane operator; end loader; pile driver operator; motor patrol, finish; concrete paver operator; mechanic, Class I; mechanic, Class II; motor patrol (rough); bulldozer or push dozer operator; scraper operator; trenching machine operator; central mixing (asphalt or concrete); tractor, boom and hoist; concrete finishing machine; soil cement machine; asphalt paver; roller, high type; spreader, self propelled; distributor, bituminous; roller, other than finish; tractor, crawler, utility; dozer or loader, stock pile only; concrete mixer, less than one (1) yard; mulcher seeder; earth drill; scale operator; tractor, farm; curb machine; or ditch paver; pump operator; concrete saw; guardrail erector; sign erector; motor crane driver; fence erector; firefighter; asphalt raker; tract drill operator; concrete edger; powder person; form setter, steel rod; air tool operator; mortar mix; chain saw; pipe layer; concrete rubber; laborer; flagperson; oiler; welder's helper; mechanic's helper; electricians; truck drivers, two (2) and three (3) axles; truck drivers, four (4) and five (5) axles or more or heavy duty off-the-road trucks; welders, receive rate for craft performing operation to which welding is incidental; (4) The prevailing wage rate for each area specified in subdivisions (2)(A) and (2)(B) shall be determined by calculating the average hourly rate of pay for each classification referred to in subdivisions (3)(A) and (3)(B). The commission shall determine the prevailing wage annually for highway construction and biennially for building construction from the documentation certified to the commission pursuant to subdivision (1). The commission, if it ascertains that current economic conditions warrant, can adjust the final wage determination as developed by the documentation certified to the commission by adding to or subtracting from the determination a percentage factor of not more

than six percent (6%), based on the previous year's prevailing wage rates. Such determination shall be effective until the next determination of the prevailing wage rate pursuant to the terms hereof, unless herein otherwise specifically provided. The prevailing wage rate must be determined pursuant to the provisions of this part and the failure of any contractor or contractors to provide the documentation referred to in subdivision (1) shall not affect such determination; (5)(A) The commission shall determine the prevailing wage rate pursuant to the terms of this part and give notice thereof on or before December 1 of each year a determination is to be made. The commission shall give notice of such prevailing wage rate to all contractors who submitted documentation in accordance with subdivision (1) and to any others making written request for such notice. Such notice shall include the time and place of the public hearing required by 12-4-406. The commission shall take all reasonable steps to verify the survey results submitted to it by contractors pursuant to the provisions of this part, and may at any time, after first holding a public hearing thereon, adjust wage rates so that they reflect only survey data which has been verified by the commission; and (B) The prevailing wage commission is urged to continue its efforts to develop an internet application for the submission of survey forms by contractors and periodically update the General Assembly on the progress of such development. (6) Until such time as the commission makes a prevailing wage rate determination pursuant to the provisions of this part, the prevailing wage rate in effect on April 23, 1975, shall be considered to be the prevailing wage rate. 12-4-405. Prevailing Wage Act; Determination of prevailing wage rate (Eff. 1/1/2014) For purposes of this part, the prevailing wage rate shall be determined as follows: (1) Every highway contractor, as herein defined, in the state of Tennessee, shall have the right to certify, on contracts entered into, to the commission on or before October 31 in each year that a determination is to be made, the following: (A) Copies of payroll records for the immediate preceding calendar quarter by area as defined in subdivision (2); and (B) The numbers of man hours worked and the straight time rate per hour paid for such hours in each of the classifications referred to in this part by area as defined in subdivision (2) for the immediate preceding calendar quarter; (2) For purposes of calculating the prevailing wage rate for workers employed by highway contractors, the state shall be deemed to consist of one (1) statewide area; (3) For purposes of determining the prevailing wage rate for workers employed by highway contractors, the commission may issue classifications of crafts of workers including, but not limited to, the following: bricklayers; iron workers, structural; iron workers, reinforcing; carpenter or leadsperson; cement mason; nozzleperson or gunperson (gunite); painter or sandblaster; shovel operator; backhoe operator; crane operator; end loader; pile driver operator; motor patrol, finish; concrete paver operator; mechanic, Class I; mechanic, Class II; motor patrol (rough); bulldozer or push dozer operator; scraper operator; trenching machine operator; central mixing (asphalt or concrete); tractor, boom and hoist; concrete finishing machine; soil cement machine; asphalt paver; roller, high type; spreader, self propelled; distributor, bituminous; roller, other than finish; tractor, crawler, utility; dozer or loader, stock pile only; concrete mixer, less than one (1) yard; mulcher seeder; earth drill; scale operator; tractor, farm; curb machine; or ditch paver; pump operator; concrete saw; guardrail erector; sign erector; motor crane driver; fence erector; firefighter; asphalt raker; tract drill operator; concrete edger; powder person; form setter, steel rod; air tool operator; mortar mix; chain saw; pipe layer; concrete rubber; laborer; flagperson; oiler; welder's helper; mechanic's helper; electricians; truck drivers, two (2) and three (3) axles; truck drivers, four (4) and five (5) axles or more or heavy duty off-the-road trucks; welders, receive rate for craft performing operation to which welding is incidental; (4) The prevailing wage rate for each area specified in subdivision (2)(A) and (2) (B) shall be determined by calculating the average hourly rate of pay for each classification referred to in subdivisions (3)(A) and (3)(B). The commission shall determine the prevailing wage annually for highway construction from the documentation certified to the commission pursuant to subdivision (1). The commission, if it ascertains that current economic conditions warrant, can adjust the final wage determination as developed by the documentation certified to the commission by adding to or subtracting from the determination a percentage factor of not more than six percent (6%), based on the previous year's prevailing wage rates. Such determination shall be effective until the next determination of the prevailing wage rate pursuant to the terms hereof, unless herein otherwise specifically provided. The prevailing wage rate must be determined pursuant to the provisions of this part and the failure of any highway contractor or contractors to provide the documentation referred to in subdivision (1) shall not affect such determination; (5)(A) The commission shall determine the prevailing wage rate pursuant to the terms of this part and give notice thereof on or before December 1 of each year a determination is to be made. The commission shall give notice of such prevailing wage rate to all highway contractors who submitted documentation in accordance with subdivision (1) and to any others making written request for such notice. Such notice shall include the time and place of the public hearing required by 12-4-406. The commission shall take all reasonable steps to verify the survey results submitted to it by highway contractors pursuant to the provisions of this part, and may at any time, after first holding a public hearing thereon, adjust wage rates so that they reflect only survey data which has been verified by the commission; and (B) The prevailing wage commission is urged to continue its efforts to develop an internet application for the submission of survey forms by contractors and periodically update the General Assembly on the progress of such development. (6) Until such time as the commission makes a prevailing wage rate determination pursuant to the provisions of this part, the prevailing wage rate in effect on April 23, 1975, shall be considered to be the prevailing wage rate.

12-4-406. Prevailing Wage Act; Review of prevailing wage determination (Eff. until 1/1/2014). (a) The commission shall conduct a public hearing within ten (10) days of the notice required in 12-4-405. At such public hearing, the commission shall present the documentation provided for in this part other than payroll records, and any other facts upon which the prevailing wage determination was made. Any interested party may present any other facts or documentation material to the determination of the prevailing wage rate at such hearing. Within ten (10) days after such public hearing, the commission shall give notice of its final determination on such prevailing wage rate to all contractors who submitted documentation in accordance with the provisions of this part and to any others making written request for such notice. (b) Judicial review of such final determination of the prevailing wage rate shall be in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. 12-4-406. Prevailing Wage Act; Review of prevailing wage determination (; Eff. 1/1/2014) (a) The commission shall conduct a public hearing within ten (10) days of the notice required in 12-4-405. At such public hearing, the commission shall present the documentation provided for in this part other than payroll records, and any other facts upon which the prevailing wage determination was made. Any interested party may present any other facts or documentation material to the determination of the prevailing wage rate at such hearing. Within ten (10) days after such public hearing, the commission shall give notice of its final determination on such prevailing wage rate to all highway contractors who submitted documentation in accordance with the provisions of this part and to any others making written request for such notice. (b) Judicial review of such final determination of the prevailing wage rate shall be in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. 12-4-407.Prevailing Wage Act; Rates set out in specifications (Eff. until 1/1/2014) Before advertising for bids or entering into any contract for a state construction project, every state agency under whose jurisdiction such work is to be performed shall ascertain from the commission prevailing wage rates for all classifications as herein provided in the areas where the work is to be performed. This schedule of wages shall be attached to and made a part of the specifications for the work, and shall be printed on the bidding blanks and made a part of every contract for the construction of any state construction project. 12-4-407.Prevailing Wage Act; Rates set out in specifications (Eff. 1/1/2014). Before advertising for bids or entering into any contract for a state highway construction project, every state agency under whose jurisdiction such work is to be performed shall ascertain from the commission prevailing wage rates for all classifications as herein provided in the areas where the work is to be performed. This schedule of wages shall be attached to and made a part of the specifications for the work, and shall be printed on the bidding blanks and made a part of every contract for the construction of any state highway construction project. 12-4-408. Prevailing Wage Act; Wage rates promulgated (Eff. until 1/1/2014) Contract provision required. After the prevailing wage determination has been made by the commission, the same shall be furnished to all state agencies which may be charged with the responsibility of entering into any state contract, and shall specify what wage rates shall be paid on all classifications of work that may be used by such person, contractor, firm or corporation in carrying out such contractual agreement. In all cases where the commission has established a prevailing rate of wages, the contract executed between any state agency and the successful bidder or contractor shall contain a provision requiring the successful bidder and all of the successful bidder's subcontractors to pay the rate of wages so established. The successful bidder or contractor and all subcontractors shall strictly comply with these provisions of the contract. 12-4-408.Prevailing Wage Act; Wage rates promulgated (Eff. 1/1/2014). Contract provision required. After the prevailing wage determination has been made by the commission, the same shall be furnished to all state agencies which may be charged with the responsibility of entering into any state contract, and shall specify what wage rates shall be paid on all classifications of work that may be used by such person, highway contractor, firm or corporation in carrying out such contractual agreement. In all cases where the commission has established a prevailing rate of wages, the contract executed between any state agency and the successful bidder or highway contractor shall contain a provision requiring the successful bidder and all of the successful bidder's subcontractors to pay the rate of wages so established. The successful bidder or highway contractor and all subcontractors shall strictly comply with these provisions of the contract. 12-4-409.Prevailing Wage Act; Bond for compliance (Eff. until 1/1/2014). In all cases where any state agency awards a contract for any state construction project under the provisions of this part, the bond of the contractor or subcontractor shall contain a provision obligating such contractor or subcontractor to a faithful performance of each and every requirement imposed upon such contractor or subcontractor under the terms of this part.

12-4-409.Prevailing Wage Act; Bond for compliance (Eff. 1/1/2014) In all cases where any state agency awards a contract for any state highway construction project under the provisions of this part, the bond of the contractor or subcontractor shall contain a provision obligating such highway contractor or subcontractor to a faithful performance of each and every requirement imposed upon such contractor or subcontractor under the terms of this part. 12-4-410. Prevailing Wage Act; Posting of wage rates (Eff. until 1/1/2014)]. Each contractor and subcontractor subject to the provisions of this part shall post and keep posted in a conspicuous place at the site of the construction work a copy of the Prevailing wage rates prescribed in the state contract. 12-4-411.Prevailing Wage Act; Payroll records of contractors (Eff. until 1/1/2014)]. (a) Any person, contractor, firm or corporation who may enter into any state contract shall furnish to the state agency entering into such contractual agreement any necessary forms, papers, payroll copies or any other information that may be required of any such person, contractor, firm or corporation by the state agency to show compliance with the provisions of this part. (b) Payroll records shall not be destroyed for one (1) year following the completion of the state construction project. 12-4-411.Prevailing Wage Act; Payroll records of contractors (Eff. 1/1/2014). (a) Any person, highway contractor, firm or corporation who may enter into any state contract shall furnish to the state agency entering into such contractual agreement any necessary forms, papers, payroll copies or any other information that may be required of any such person, highway contractor, firm or corporation by the state agency to show compliance with the provisions of this part. (b) Payroll records shall not be destroyed for one (1) year following the completion of the state highway construction project. 12-4-412. Prevailing Wage Act; Breach of contract provisions Actions against contractors Advertising and reletting contract (Eff. until 1/1/2014) The commission or any employee of any contractor or subcontractor whose wages are determined pursuant to this part may maintain an action against any contractor or subcontractor for the breach of any condition of any performance bond given under the provisions of this part, and in case of breach of any provision of such bond, the particular state agency which awarded the contract may advertise the work and relet the contract in the same manner as the original letting. 12-4-412.Prevailing Wage Act; Breach of contract provisions Actions against contractors Advertising and reletting contract (Eff. 1/1/2014) The commission or any employee of any highway contractor or subcontractor whose wages are determined pursuant to this part may maintain an action against any highway contractor or subcontractor for the breach of any condition of any performance bond given under the provisions of this part, and in case of breach of any provision of such bond, the particular state agency which awarded the contract may advertise the work and relet the contract in the same manner as the original letting. 12-4-413. Prevailing Wage Act; Delegation of administrative responsibilities The commission may delegate administrative responsibilities conferred hereunder to the Tennessee Department of Labor and Workforce Development. 12-4-414.Prevailing Wage Act; Inspection of records. All records and documentation provided for in this part, other than payroll records, shall be made available for public inspection by the commission and the Department of Labor and Workforce Development during normal business hours. 12-4-415. Prevailing Wage Act; Rules and regulations The commission may promulgate such rules and regulations, neither inconsistent nor contradictory with this part, which it deems necessary to effectuate the provisions of this part. 12-4-403 a) It is hereby declared to be the policy of this state that the prevailing wage rate be determined by defined standards and that such rate be paid workers on all state construction projects. (b) Any contractor entering into a state contract for the performance of work on state construction projects shall pay not less than the prevailing wage rate for all types and classifications of such work as determined by the provisions of this part. (http://www.state.tn.us/labor-wfd/prevail.html) 12-4-903. Public contracts; Freedom in Contracting Act; Prohibited provisions in bid specifications, project agreements and other controlling documents; Constractors, subcontractors and bidders on projects can not be required to pay wages in excess of established prevailing wages for state highway construction projects. The state and its political subdivisions, agencies and instrumentalities thereof, when engaged in procuring products or services or letting contracts for manufacture of public works, or overseeing such procurement, construction or manufacture to be funded in part or in whole with state funds, shall ensure that no bid specifications, project agreements and other controlling documents, entered into, required or subject to approval by the state, subdivision, agency or instrumentality: (1) Require bidders, offerors, contractors or subcontractors to enter into or adhere to agreements with one (1) or more labor

organizations on the same or related projects; (2) Discriminate against bidders, offerors, contractors or subcontractors for refusing to become or remain signatories or otherwise adhere to agreements with one (1) or more labor organizations on the same or related construction projects; or (3) Require any bidder, offeror, contractor or subcontractor to enter into, adhere to or enforce any agreement that requires its employees as a condition of employment to: (A) Become members of or become affiliated with a labor organization or employee organization of any kind; (B) Pay dues or fees to a labor organization or employee organization, over an employee's objection, in excess of the employee's share of labor or employee organization costs relating to collective bargaining, contract administration or grievance adjustment; or (C) Require any bidder, offeror, contractor or subcontractor to pay: (i) Wages in excess of the wages established by the prevailing wage commission for state highway construction projects in accordance with part 4 of this chapter or the Tennessee occupational wages prepared annually by the department of labor and workforce development, employment security division, labor market information for state building projects; or (ii) A specific dollar amount for the provision of fringe benefits for employees. 41-6-201. Prevailing wages, Inmate labor; Purpose. It is the purpose of this part to: (1) Authorize the commissioner of correction to establish demonstration-type projects involving inmate labor and private industry to be known as the Tennessee restitution industries; (2) Authorize the commissioner to contract with private industry to lease state land, improvements and facilities at adult correction institutions for the establishment of such industries; (3) Provide for the employment of the inmates of such institution by such private industries and the term of such employment; and (4) Designate the uses to be made of deductions from wages earned by such inmate employees. 41-6-202.Prevailing wages, Inmate labor; Definitions. As used in this part, unless the context otherwise requires: (1) Commissioner means the commissioner of correction; and (2) Department means the department of correction: (3) P.I.E. program means a joint venture authorized by the TRICOR board as provided for in 41-22-116(e) for the employment of inmates by private industries; (4) TRICOR means the Tennessee rehabilitative initiative in correction board which institutes inmate programs described in 41-22-402; and (5) TRICOR board means the board created pursuant to 41-22-404 with the authority to manage and operate TRICOR programs. 41-6-203 Prevailing wages, Inmate labor; Scope of projects Contracts with private enterprise Inmate participation (a) The commissioner may establish and implement within the boundary of the present correctional facilities now established, or facilities that may be established in the future, certain demonstration-type projects involving the employment of inmates of the institutions by private industry. The projects shall also provide for the delivery of supportive services to inmates participating in the demonstration projects, including, but not limited to, training, education and counseling. (b) In establishing projects, the commissioner may enter into agreements, by contract, and subject to procedures to be approved by the procurement commission. Any construction required under any contract or agreement shall not be by the state of Tennessee, but shall be by private enterprise with any private enterprise pursuant to which such private enterprise may establish, by construction, lease or otherwise, facilities at the main facility, for the purpose of carrying out industrial or other operations authorized in this part. Private corporations and their employees, excluding inmates, must be of good moral character. (c) The inmates' participation shall be on a voluntary basis. 41-6-204. Prevailing wages, Inmate labor; Wages (Eff. until 1/1/2014)]. Any such agreement shall contain provisions assuring that the wages paid to such inmate shall be no less than prescribed by the Tennessee Prevailing Wage Act of 1975, compiled in title 12, chapter 4, part 4. 41-6-204.Prevailing wages, Inmate labor; Wages (Eff. 1/1/2014) Any such agreement shall contain provisions assuring that the wages paid to such inmate shall be no less than the mean wage for the applicable occupation under the construction and extraction occupations published in the Tennessee Occupational Wages Report, as defined in Section 12-4-90T. 41-6-205. Prevailing wages, Inmate labor; Receipt by inmates Rules and regulations Unemployment compensation (a) Any inmate of any such institution so employed shall be entitled to receive, after deductions authorized in 41-6-206 or under any law, wages earned by him in performing such work, and such wages shall be made available to him at those times the commissioner may prescribe pursuant to regulation, but in no event later than at the time of his release, by parole or otherwise, from confinement in a state penal or correctional institution. (b) The employment of inmates shall be subject to the provisions of the Workers' Compensation Law, compiled in title 50, chapter 6. (c) As a condition of employment, such inmates shall waive all rights to be included in the unemployment compensation program of the state. 41-6-206. Prevailing wages, Inmate labor; Deductions. (a) Any inmate employed pursuant to this part shall, in accordance with procedures established by the commissioner, pay from the wages received for work, and the commissioner may deduct from such wages, the following deductions which shall not, in the aggregate, exceed eighty percent (80%) of gross wages, and shall be limited as follows: (1) Taxes

(federal, state, local); (2) Reasonable charges for room and board as determined by the commissioner; (3) Allocations for support of family pursuant to state statute, court order or agreement by the offender; (4) Contributions to any fund established by law to compensate the victims of crime of not more than twenty percent (20%) but not less than five percent (5%) of gross wages; and (5) All remaining to the inmate's personal trust fund. (b) Any amounts so deducted pursuant to this section shall be payable in such manner as the commissioner may by regulations prescribe. Sec. 41-6-207. Prevailing wages, Inmate labor; Leasing land and facilities to private enterprise. (a) In administering the provisions of this section, the commissioner, as a part of or in connection with any agreement made pursuant to 41-6-203, may make available by lease or otherwise, land, together with improvements in the land, located at the prison facility, but within the exterior boundary of any state adult correction institution, for use by the private party to the agreement to provide employment in accordance with this chapter. (b)(1) The lands, including improvements, shall be made available pursuant to such terms and conditions as the commissioner, the commissioner of finance and administration and the state building commission may prescribe. Any lease of land or of improvements of facilities entered into under authority of this section shall be for a primary term not to exceed five (5) years unless such lease is entered into by TRICOR with a private party under a P.I.E. program or service program in connection with a contract for employment of inmates developed and authorized by the TRICOR board and approved by the commissioner, the department of finance and administration, and the state building commission. (2) A lease may be renewed from year to year after expiration of the primary term upon such terms and conditions as the commissioner and the commissioner of finance and administration may prescribe. Sec. 50-2-1. Wage payment; Local governments prohibited from requiring prevailing wages in excess of wages established by the state; Exception for federal funding. (a) (1) Notwithstanding any charter, ordinance or resolution to the contrary, no local government, as a condition of doing business within the jurisdictional boundaries of the local government or contracting with the local government, has the authority to require a private employer to pay its employees a hourly wage in excess of the minimum hourly wage required to be paid by such employer under applicable federal or state law. (2) With respect to construction contracts, a local government has no authority to require a prevailing wage be paid in excess of the wages established by the prevailing wage commission for state highway construction projects in accordance with title 12, chapter 4, part 4 or the Tennessee occupational wages prepared annually by the department of labor and workforce development, employment security division, labor market information for state building projects. (b) As used in this section, local government means a county, including any county having a metropolitan form of government, or municipal government, or any agency or unit thereof or any other political subdivision of the state. (c) If compliance with this section by a local government relative to a specific contract, project, or program would result in the denial of federal funds that would otherwise be available to the local government, then the local government may require a private employer to pay its employees a wage necessary to meet the federal requirements to obtain the federal funds, but only relative to such contract, project, or program. Texas 50-2-1. Wage payment; Local governments prohibited from requiring prevailing wages in excess of wages established by the state; Exception for federal funding. (a) (1) Notwithstanding any charter, ordinance or resolution to the contrary, no local government, as a condition of doing business within the jurisdictional boundaries of the local government or contracting with the local government, has the authority to require a private employer to pay its employees a hourly wage in excess of the minimum hourly wage required to be paid by such employer under applicable federal or state law. (2) With respect to construction contracts, a local government has no authority to require a prevailing wage be paid in excess of the wages established by the prevailing wage commission for state highway construction projects in accordance with title 12, chapter 4, part 4 or the Tennessee occupational wages prepared annually by the department of labor and workforce development, employment security division, labor market information for state building projects. (b) As used in this section, local government means a county, including any county having a metropolitan form of government, or municipal government, or any agency or unit thereof or any other political subdivision of the state. (c) If compliance with this section by a local government relative to a specific contract, project, or program would result in the denial of federal funds that would otherwise be available to the local government, then the local government may require a private employer to pay its employees a wage necessary to meet the federal requirements to obtain the federal funds, but only relative to such contract, project, or program. 62.051 Except as provided by Section 62.057, an employer shall pay to each employee the federal minimum wage of $7.25 per hour under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206). 62.052 a) In determining the wage of a tipped employee, the amount paid the employee by the employer is the amount described as paid to a tipped employee under Section 3(m), Fair Labor Standards Act of 1938 (29 U.S.C. Section 203(m)). (b) In this section, "tipped employee" means an employee engaged in

an occupation in which the employee customarily and regularly receives more than $20 a month in tips. 62.053 In computing the wage paid to an employee, an employer may include the reasonable cost to the employer of furnishing meals, lodging, or both to the employee if: (1) meals or lodging customarily are furnished by the employer to employees; and (2) the cost of the meals and lodging are separately stated and identified in the earnings statement furnished to the employee under Section 62.003. 62.055 a) A person may be employed at a wage less than the applicable minimum wage under this chapter but not less than 60 percent of the minimum wage if: (1) the person's earning or productive capacity is impaired by age, physical or mental deficiency, or injury; or (2) the person is over 65 years of age. (b) Subsection (a) does not apply to a person employed as an agricultural piece rate worker. 62.057 a) A person may be compensated for services rendered to the Texas Department of Mental Health and Mental Retardation or a department facility at a percentage of the base wage adopted under this section if: (1) the person is a patient or client of a department facility; (2) the person's productive capacity is impaired; (3) the person: (A) assists in the operation of the facility as part of the person's therapy; or (B) receives occupational training in a sheltered workshop or other program operated by the department; and (4) the facility or department derives an economic benefit from the person's services. (b) The percentage of the base wage paid to a person under Subsection (a) must correspond to the percentage of the person's productive capacity compared with the capacity of an employee who performs the same or similar tasks and who is not similarly impaired. (c) The department shall adopt rules to determine the base wage and the percentage of productive capacity of the patients and clients and other rules necessary to implement this section. (d) Services rendered and payment provided under this section may not be construed as creating an employer-employee relationship between the department and the patient or client engaged in occupational training or therapeutic or rehabilitative services. 2258.021 (a) A worker employed on a public work by or on behalf of the state or a political subdivision of the state shall be paid: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. (b) Subsection (a) does not apply to maintenance work. (c) A worker is the execution employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. (http://www.capitol.state.tx.us/statutes/go/go0225800toc.html) Utah 610-1-3 A. All employers employing workers in the state of Utah, except those exempted by Section 34-40-104, shall pay the established minimum hourly wages of, $7.25 for all hours employed effective September 1, 1997. B. As per Sections 34-23-301 and 34-40-103, a minor employee shall be paid at least $4.25 per hour for the first 90 days of employment with an employer; thereafter, he or she shall be paid at least the established minimum hourly wage. C. Any employer claiming exemption under Subsection 34-40-104(1)(j), shall provide to the Division a statistical report of the average wage paid within 60 days of the end of the regular operating season. The Division may, upon notice, perform an on-site inspection to verify the report in accordance with Sections 34-40-201 and 34-40-203. 610-1-4 A. An employer may credit the tips received by tipped employees (an example would be waiters and waitresses) against the employer's minimum wage obligation. The tips must be received by the employee, reported to the employer, and must reach a threshold of at least $30.00 per month before credit can be allowed. B. An employer has a cash wage obligation in meeting the required minimum wage of at least $2.13 per hour. If an employee's tips combined with the employer's cash wage obligation of $2.13 per hour do not equal the minimum hourly wage requirement, the employer must increase its cash wage obligation to make up the difference. C. All tips or gratuities shall be retained by the employee receiving the tips or gratuities. However, this requirement does not preclude pooling of tips or gratuities to be divided equally between those employees who customarily and regularly receive tips or gratuities. 1. A bona fide tip pooling or sharing arrangement may include employees who customarily and regularly receive tips, such as waiters, bellhops, waitresses, countermen, busboys, and service bartenders. 2. Employees such as dishwashers, chefs, and janitors are not considered tipped employees and may not participate in tip pooling. D. Every employer intending to exercise the tip or gratuity credit must so inform each affected employee at the time of hire. E. Where tips are charged on a credit card, and the employer must pay the credit card company a percentage of the bill for its use, the employer may reduce the amount of the credit card tips paid over to the employee by a percentage no greater than that charged by the credit card company. F. In computing the minimum wage, tips, gratuities, and commissions must be counted in the payroll period in which the tip, gratuity or commission is earned. G. This section does not apply to tips or commissions as delineated in Section 34-40-104(1)(j). Vermont 384 (a) An employer shall not employ an employee at a rate of less than $8.60, beginning January 1, 2013, and on each subsequent January 1, the minimum wage rate shall be increased by five percent or the percentage increase of the Consumer Price Index, CPI-U, U.S. city average, not seasonally adjusted, or successor index, as calculated by the U.S. Department of Labor or successor agency for the 12 months

preceding the previous September 1, whichever is smaller, but in no event shall the minimum wage be decreased. The minimum wage shall be rounded off to the nearest $0.01. An employer in the hotel, motel, tourist place, and restaurant industry shall not employ a service or tipped employee at a basic wage rate less than $4.17 an hour, and beginning January 1, 2013, and on each January 1 thereafter, this basic tip wage rate shall be increased at the same percentage rate as the minimum wage rate. For the purposes of this subsection, a service or tipped employee means an employee of a hotel, motel, tourist place, or restaurant who customarily and regularly receives more than $120.00 per month in tips for direct and personal customer service. If the minimum wage rate established by the United States government is greater than the rate established for Vermont for any year, the minimum wage rate for that year shall be the rate established by the United States government. (b) Notwithstanding subsection (a) of this section, an employer shall 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 workweek. However, this subsection shall not apply to: (1) Employees of any retail or service establishment. A retail or service establishment means an establishment 75 percent of whose annual volume of sales of goods or services, or of both, is not for resale and is recognized as retail sales or services in the particular industry. (2) Employees of an establishment which is an amusement or recreational establishment, if: (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year its average 1 receipts for any six months of that year were not more than one-third of its average receipts for the other six months of the year. (3) Employees of an establishment which is a hotel, motel, or restaurant. (4) Employees of hospitals, public health centers, nursing homes, maternity homes, therapeutic community residences, and residential care homes as those terms are defined in Title 18, provided: (A) the employer pays the employee on a biweekly basis; and (B) the employer files an election to be governed by this section with the commissioner; and (C) the employee receives not less than one and one-half times the regular wage rate for any work done by the employee: (i) in excess of eight hours for any workday; or (ii) in excess of 80 hours for any biweekly period. (5) Those employees of a business engaged in the transportation of persons or property to whom the overtime provisions of the Federal Fair Labor Standards Act do not apply, but shall apply to all other employees of such businesses. (6) Those employees of a political subdivision of this state. (7) State employees, who shall be are covered by the U.S. Federal Fair Labor Standards Act. (c) However, an employer may deduct 1 from the rates required insubsections (a) and (b) of this section the amounts for board, lodging, apparel, rent, or utilities paid or furnished or other items or services or such other conditions or circumstances as may be usual in a particular employer-employee relationship, including gratuities as determined by the wage order made under this subchapter. 18. In making up specifications and advertising for bids on highway work, the board shall fix, subject to local conditions, the minimum wage per hour for various classes of labor and the minimum to be paid per hour or per cubic yard for trucks which the contractor shall be bound to pay. (http://www.vtlmi.info/stconstr_pw2002.pdf) [Editor s Note:] Effective January 1, 2011, the Vermont Department of Labor has increased the state allowed deductions for employer provided meals and lodging. Employers are entitled to deduct from an employee's wages earned an allowance for meals and lodging actually furnished and accepted. Allowances and increased rates for meals and lodging are as follows: Breakfast, $2.90; Lunch, $3.25; Dinner, $3.62, Full Board, $9.77 daily or $68.43 weekly; Nightly Lodging, $3.98; Full Room, $23.94 weekly; Full Room and Board, $82.69 weekly. Virginia [Editors Note] The current living wage for Burlington is $12.02 per hour if benefits are provided and $13.49 per hour if benefits are not provided. 40.1-28.10 Every employer shall pay to each of his employees wages at a rate not less than the federal minimum wage and a training wage as prescribed by the U.S. Fair Labor Standards Act (29 U.S.C. 201 et seq.). "Wages" means legal tender of the United States or checks or drafts on banks negotiable into cash on demand or upon acceptance at full value; provided, wages may include the reasonable cost to the employer of furnishing meals and for lodging to an employee, if such board or lodging is customarily furnished by the employer, and used by the employee. In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, except in the case of an employee who establishes by clear and convincing evidence that the actual amount of tips received by him was less than the amount determined by the employer. In such case, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount.

[Editor s note:] Effective September 15, 2007 the living for Fairfax County is set at $12.75 per hour. Washington [Editors Note] Effective July 1, 2006 the new living wage for the city of Alexandria is $12.66 per hour for service contracts renewed or initiated during the period of July 1, 2006 through June 30, 2007. 19.48.06 (1) An employer that imposes an automatic service charge related to food, beverages, entertainment, or porterage provided to a customer must disclose in an itemized receipt and in any menu provided to the customer the percentage of the automatic service charge that is paid or is payable directly to the employee or employees serving the customer. (2) For purposes of this section:(a) "Employee" means non-managerial, nonsupervisory workers, including but not limited to servers, busers, banquet houseman, banquet captains, bartenders, bar backs, and porters.(b) "Employer" means employers as defined in RCW 49.46.010 that provide food, beverages, entertainment, or porterage, including but not limited to restaurants, catering houses, convention centers, and overnight accommodations. c) "Service charge" means a separately designated amount collected by employers from customers that is for services provided by employees, or is described in such a way that customers might reasonably believe that the amounts are for such services. Service charges include but are not limited to charges designated on receipts as a "service charge," "gratuity," "delivery charge," or "porterage charge." Service charges are in addition to hourly wages paid or payable to the employee or employees serving the customer. 49.46.20 Beginning January 1, 2014 every employer shall pay to each of his or her employees wages at a rate of not less than $9.32 per hour. On each September 30th, the department of labor and industries shall calculate an adjusted minimum wage rate to maintain employee purchasing power by increasing the current year's minimum wage rate by the rate of inflation. The adjusted minimum wage rate shall be calculated to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index, for the twelve months prior to each September 1st as calculated by the United States department of labor. Each adjusted minimum wage rate calculated under this subsection (4)(b) takes effect on the following January 1st. 49.46.060 The director, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations provide for (1) the employment of learners, of apprentices, and of messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to regulations of the director, at such wages lower than the minimum wage applicable under RCW 49.46.020 and subject to such limitations as to time, number, proportion, and length of service as the director shall prescribe, and (2) the employment of individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, under special certificates issued by the director, at such wages lower than the minimum wage applicable under RCW 49.46.020 and for such period as shall be fixed in such certificates. 296-126-022 For the purposes of these regulations, gratuities received by employees shall not be considered a part of the minimum wage. 296-125-043 Except where a higher minimum wage is required by Washington state or federal law: (1) Every employer shall pay to each of his or her employees who have reached their sixteenth or seventeenth year of age a rate of pay per hour which is equal to the hourly rate required by RCW 49.46.020 for employees eighteen years of age or older, whether computed on an hourly, commission, piecework, or other basis, except as may be otherwise provided under this chapter. (2) Every employer shall pay to each of his or her employees who have not reached their sixteenth year of age a rate of pay per hour that is not less than eighty-five percent of the hourly rate required by RCW 49.46.020 for employees eighteen years of age or older whether computed on an hourly, commission, piecework, or other basis, except as may be otherwise provided under this chapter. (3) These provisions shall not apply to handicapped minors for whom special handicapped minor work permits have been issued as provided in RCW 49.12.110. The handicapped rate therein shall be set at a rate designed to adequately reflect the individual's earning capacity. (4) These minimum wage provisions shall not apply when a minor student is in a work place to carry out an occupational training experience assignment directly supervised on the premises by a school official or an employer under contract with a school and when no appreciable benefit is rendered to the employer by the presence of the minor student. 296-128-050 This regulation is issued pursuant to RCW 49.46.060, Washington minimum wage and hour law, which authorized the director of the department of labor and industries, to the extent necessary in order to prevent curtailment of opportunities for employment, to issue special certificates for employment of individuals whose earning capacity is impaired by age or physical or mental deficiency or injury at wages lower than the minimum wage applicable under RCW 49.46.020. Such certificates shall be subject to the conditions prescribed in this regulation. 296-128-110 Application for learner certificate.--(1) Whenever the employment of learners at wages lower than the minimum wage applicable under RCW 49.46.020 is believed necessary to prevent curtailment of opportunities for employment by a specified employer, an application for a certificate

authorizing the employment of such learners at subminimum wage rates may be filed by the employer with the director of the department of labor and industries or his authorized representative. (2) Application must be made on the official form provided by the department and furnish all information called for on said form. (3) Separate application must be made with respect to each establishment or place of business operated by the applicant and in which he desires to employ learners at subminimum wage rates. 296-128-225 The director or his authorized representative, to the extent necessary to prevent curtailment of employment opportunities, shall issue special certificates to employers or apprenticeship committees as defined in RCW 49.04.040 authorizing the employment of apprentices in skilled trades at wages lower than the minimum wage applicable under RCW 49.46.020, subject to the limitations and conditions set forth in this regulation. 296-128-275-296-128-305 The regulations hereinafter set forth are issued pursuant to RCW 49.46.060 to provide for the employment by educational institutions under special certificates of student workers as learners at wages lower than the minimum wage applicable under RCW 49.46.020. Such certificates shall be subject to the terms and conditions hereinafter set forth. The subminimum wage rate shall be not less than 75 percent of the minimum wage rate established by RCW 49.46.020, as it may be amended. 39.12.020 The hourly wages to be paid to laborers, workers, or mechanics, upon all public works and under all public building service maintenance contracts of the state or any county, municipality or political subdivision created by its laws, shall be not less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality within the state where such labor is performed. (http://www.lni.wa.gov/prevailingwage/) West Virginia 39.12.030 and 1989 c 12 s 9 are each amended to read as follows:(1) The specifications for every contract for the construction, reconstruction, maintenance or repair of any public work to which the state or any county, municipality, or political subdivision created by its laws is a party, shall contain a provision stating the hourly minimum rate of wage, not less than the prevailing rate of wage, which may be paid to laborers, workers, or mechanics in each trade or occupation required for such public work employed in the performance of the contract either by the contractor, subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the contract, and the contract shall contain a stipulation that such laborers, workers, or mechanics shall be paid not less than such specified hourly minimum rate of wage. If the awarding agency determines that the work contracted for meets the definition of residential construction, the contract must include that information. (2) If the hourly minimum rate of wage stated in the contract specifies residential construction rates and it is later determined that the work performed is commercial and subject to commercial construction rates, the state, county, municipality, or political subdivision that entered into the contract must pay the difference between the residential rate stated and the actual commercial rate to the contractor, subcontractor, or other person doing or contracting to do the whole or any part of the work under the contract. 21-5C-2 (a) (1) After the thirtieth day of June, two thousand six, every employer shall pay to each of his or her employees wages at a rate not less than five dollars and eighty-five cents per hour. (2) After the thirtieth day of June, two thousand seven, every employer shall pay to each of his or her employees wages at a rate not less than six dollars and fifty-five cents per hour. (3) After the thirtieth day of June, two thousand eight, every employer shall pay to each of his or her employees wages at a rate not less than seven dollars and twenty-five cents per hour. (4) At such time as the federal minimum hourly wage as prescribed by 29 U.S.C. 206(a)(1) is equal to or greater than the wage rate prescribed in subdivision (3) of this subsection, every employer shall pay to each of his or her employees wages at a rate of not less than the federal minimum hourly wage as prescribed by 29 U.S.C. 206(a)(1). The minimum wage rates required under this subparagraph shall be thereafter adjusted in accordance with adjustments made in the federal minimum hourly rate. The adoption of the federal minimum wage provided by this subdivision includes only the federal minimum hourly rate prescribed in 29 U.S.C. 206(a)(1) and does not include other wage rates, or conditions, exclusions, or exceptions to the federal minimum hourly wage rate. In addition, adoption of the federal minimum hourly wage rate does not extend or modify the scope or coverage of the minimum wage rate required under this subdivision. (b) (1) Notwithstanding the provisions set forth in subsection (a) of this section to the contrary, an employer may pay an employee first hired after the thirtieth day of June, two thousand six, a subminimum training wage not less than five dollars and fifteen cents per hour. (2) An employer may not pay the subminimum training wage set forth in subdivision (1) of this subsection to any individual: (i) Who has attained or attains while an employee of the employer, the age of twenty years; or (ii) For a cumulative period of not more than ninety days per employee: Provided, That if any business has not been in operation for more than ninety days at the time the employer hired the employee, the employer may pay the employee the subminimum training wage set forth in subdivision (1) of this subsection for an additional period not to exceed ninety days.(3) At such time as the federal subminimum training wage as prescribed by 29 U.S.C. 206(g)(1) is equal to or greater than the wage rate prescribed in subdivision (1) of this subsection, every employer shall pay to

each of his or her employees wages at a rate of not less than the federal minimum hourly wage as prescribed by 29 U.S.C. 206(g)(1). The minimum wage rates required under this subparagraph shall be thereafter adjusted in accordance with adjustments made in the federal minimum hourly rate. The adoption of the federal minimum wage provided by this subdivision includes only the federal minimum hourly rate prescribed in 29 U.S.C. 206(g)(1) and does not include other wage rates, or conditions, exclusions, or exceptions to the federal minimum hourly wage rate. In addition, adoption of the federal minimum hourly wage rate does not extend or modify the scope or coverage of the minimum wage rate required under this subdivision. 21-5C-4 In determining whether an employer is paying an employee wages and overtime compensation as provided in sections two and three [ 21-5C-2 and 21-5C-3 [See 51-44,002]] of this article, there shall be provided in accordance with the regulations which shall be promulgated by the commissioner a credit to the employer of twenty percent of the hourly rate of the amount paid an employee customarily receiving gratuities, and a reasonable credit for board and lodging furnished to an employee. The commissioner shall promulgate regulations relating to maximum allowances to employers for room and board furnished to employees: Provided, That the employer shall be required to furnish to the commissioner upon request, documentary evidence that the employee is receiving at least twenty percent of the minimum wage in gratuities or is receiving room and lodging in accordance with the rules and regulations promulgated by the commissioner. 21-5A-6 In all cases where any public authority has ascertained a fair minimum rate or rates of wages as herein provided, and construction of a public improvement is let to contract, the contract executed between the public authority and the successful bidder shall contain a provision requiring the successful bidder and all his subcontractors to pay a rate or rates of wages which shall not be less than the fair minimum rate or rates of wages as provided by this article. Wisconsin 1. 49.141 (1) (g) Minimum wage means the state minimum hourly wage under ch. 104 s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable. 103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work. 103.70 (2) (b) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work. 104.001 of the statutes, as affected by 2011 Wisconsin Act 32, is repealed. 104.01 Definitions. (intro.) The following terms as used in In this chapter shall be construed as follows: 104.01 (1d) Agricultural employee means an employee who is employed in farming, as defined in s. 102.04 (3). 104.01 (1g) Consumer price index means the average of the consumer price index over each 12 month period for all urban consumers, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor. 104.01 (5g) Minor employee means a minor who is paid at the applicable minimum wage rate for minors. 104.01 (5m) Opportunity employee means a person under 20 years of age who is in the first 90 consecutive days of employment with his or her employer. 104.01 (7m) Tipped employee means an employee who in the course of employment customarily and regularly receives money or other gratuities from persons other than the employee s employer. 104.01 (8) The term wage and the term wages shall each mean Wage means any compensation for labor measured by time, piece, or otherwise. 104.035 Minimum wage. (1) EMPLOYEES GENERALLY. (a) Minimum rates. Except as provided in subs. (2) to (8), the minimum wage is as follows: 1. For wages earned before May 1, 2012, $7.60 per hour. 2. For wages earned beginning on May 1, 2012, the amount determined by the department by rule promulgated under sub. (9). (b) Allowances for meals and lodging. Except as provided in subs. (2) (b) and (4) (b), if an employer furnishes an employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee: 1. For lodging furnished before May 1, 2012, $61 per week or $8.65 per day and for meals furnished before May 1, 2012, $91 per week or $4.35 per meal. 2. For meals and lodging furnished beginning on May 1, 2012, the amounts determined by the department by rule

promulgated under sub. (9). (2) MINOR EMPLOYEES. (a) Minimum rates. Except as provided in subs. (2m) to (8), the minimum wage for a minor employee is as follows: 1. For wages earned before May 1, 2012, $7.25 per hour. 2. For wages earned beginning on May 1, 2012, the amount determined by the department by rule promulgated under sub. (9). (b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an employer furnishes a minor employee or an opportunity employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee: 1. For lodging furnished before May 1, 2012, $58 per week or $8.30 per day and for meals furnished before May 1, 2012, $87 per week or $4.15 per meal. 2. For meals and lodging furnished beginning on May 1, 2012, the amounts determined by the department by rule promulgated under sub. (9). (2m) OPPORTUNITY EMPLOYEES. (a) Minimum rates. Except as provided in subs. (3) to (8), the minimum wage for an opportunity employee is as follows: 1. For wages earned before May 1, 2012, $6.90 per hour. 2. For wages earned beginning on May 1, 2012, the amount determined by the department by rule promulgated under sub. (9). (b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an employer furnishes an opportunity employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee: 1. For lodging furnished before May 1, 2012, $55.20 per week or $7.90 per day and for meals furnished before May 1, 2012, $82.85 per week or $3.90 per meal. 2. For meals and lodging furnished beginning on May 1, 2012, the amounts determined by the department by rule promulgated under sub. (9). (3) TIPPED EMPLOYEES. (a) Minimum rates. Except as provided in subs. (4) to (8), if an employer of a tipped employee establishes by the employer s payroll records that, when adding the tips received by the tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee receives not less than the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the tipped employee is as follows: 1. For wages earned before May 1, 2012, by a tipped employee who is not an opportunity employee, $2.75 per hour. 2. For wages earned before May 1, 2012, by a tipped employee who is an opportunity employee, $2.50 per hour. 3. For wages earned beginning on May 1, 2012, the amounts determined by the department by rule promulgated under sub. (9). (b) Allowances for meals and lodging. If an employer furnishes a tipped employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the applicable amounts specified in sub. (1) (b) or (2) (b) from the wages of the tipped employee. (4) AGRICULTURAL EMPLOYEES. (a) Minimum rates. Except as provided in subs. (7) and (8), the minimum wage for an agricultural employee is as follows: 1. For wages earned before May 1, 2012, $7.25 per hour. 2. For wages earned beginning on May 1, 2012, the amounts determined by the department by rule promulgated under sub. (9). (b) Allowances for meals and lodging. If an employer furnishes an agricultural employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee: 1. For lodging furnished before May 1, 2012, $58 per week or $8.30 per day and for meals furnished before May 1, 2012, $87 per week or $4.15 per meal. 2. For meals and lodging furnished beginning on May 1, 2012, the amounts determined by the department by rule promulgated under sub. (9).(5) CAMP COUNSELORS. The minimum wage for a counselor at a seasonal recreational or educational camp, including a day camp, is as follows: (a) For wages earned before May 1, 2012, $350 per week if meals and lodging are not furnished, $265 per week if only meals are furnished, and $210 per week if both meals and lodging are furnished. (b) For wages earned beginning on May 1, 2012, the amounts determined by the department by rule promulgated under sub. (9). (6) GOLF CADDIES. The minimum wage for a golf caddy is as follows: (a) For wages earned before May 1, 2012, $12.30 for caddying 18 holes. (b) For wages earned before May 1, 2012, $6.90 for caddying 9 holes. (c) For wages earned beginning on May 1, 2012, the amounts determined by the department by rule promulgated under sub. (9). (7) MINIMUM WAGE ESTABLISHED BY DEPARTMENT. The department shall promulgate rules providing the minimum wage for all of the following: (a) An employee or worker with a disability covered under a license under s.104.07. (b) A student learner. (c) A student employed by an independent college or university for less than 20 hours per week. (8) EMPLOYMENT EXEMPTED BY DEPARTMENT. The department shall promulgate rules exempting from the minimum wage requirements under subs. (1) to (7) all of the following: (a) A person engaged in casual employment in and around an employer s home on an irregular or intermittent basis for not more than 15 hours per week. (b) A person who resides in the home of an employer who, due to advanced age or physical or mental disability, cannot care for his or her own needs, for the purpose of companionship and who spends not more than 15 hours per week on general household work for the employer. (c) An elementary or secondary school student performing student work like activities in the student s school. (9) DEPARTMENT TO REVISE. (a) Subject to pars. (b) and (c), by May 1 of each year, the department, using the procedures under s. 227.24, shall promulgate rules to revise the minimum wages and allowances for meals and lodging established under subs. (1) to (7). The department shall determine those revised minimum wages and allowances by calculating the percentage difference between the consumer price index for the 12 month period ending on January 31 of the preceding year and the consumer price index for the 12 month period ending on January 31 of the current year, adjusting the minimum wages and allowances in effect on April 30 of the current year by that percentage difference, and rounding that result to the nearest multiple of 5 cents, except that, for a minimum wage under sub. (5), the department shall round the result to the nearest dollar. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department may promulgate an emergency rule under s. 227.24 revising the minimum wages

and allowances established under subs. (1) to (7) without providing evidence that the emergency rule is necessary to preserve the public peace, health, safety, or welfare and without a finding of emergency. A revised minimum wage or allowance determined under this paragraph shall first apply to wages earned or meals or lodging furnished on May 1 of the year in which the wage or allowance is revised. (b) Paragraph (a) does not apply if the consumer price index for the 12 month period ending on January 31 of the current year has not increased over the consumer price index for the 12 month period ending on January 31 of the preceding year. (c) Paragraph (a) does not preclude the department from promulgating rules to increase a minimum wage provided under subs. (1) to (7). 104.045 Tipped employees Tips, meals, lodging, and hours worked. (intro.) The department shall by rule determine what amount of promulgate rules governing all of the following: (1) The counting of tips or similar gratuities may be counted toward fulfillment of the employer s obligation under this chapter. 104.045 (2) The deduction of meals or lodging provided by an employer to an employee from the employer s obligation under this chapter. (3) The determination of hours worked by an employee during which the employee is entitled to a living wage under this chapter. 104.05 Complaints; investigation. The department shall, within Within 20 days after the filing of a verified complaint of any person setting forth alleging that the wages paid to any employee in any occupation are not sufficient to enable the employee to maintain himself or herself under conditions consistent with his or her welfare, the department shall investigate and determine whether there is reasonable cause to believe that the wage paid to any employee is not a living wage. 104.07 (1) The department shall make promulgate rules, and, except as provided under subs. (5) and (6), grant licenses to any employer who employs any employee who is unable to earn the living wage determined by the department, permitting the employee to work for a wage that is commensurate with the employee s ability. Each license so granted shall establish a wage for the licensee employees of the licensee who are unable to earn a living wage. 104.07 (2) The department shall make promulgate rules, and, except as provided under subs. (5) and (6), grant licenses to sheltered workshops, to permit the employment of workers with disabilities who are unable to earn the living wage at a wage that is commensurate with their ability and productivity. A license granted to a sheltered workshop under this subsection may be issued for the entire workshop or a department of the workshop. 104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or who in any way discriminates, or threatens to discriminate against, any employee because the employee has testified or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of may be fined $25 for each offense. 104.11 Definition of violation. Each day during which any employer shall employ employs a person for whom a living wage has been fixed at a wage that is less than the living wage fixed shall constitute a separate and distinct violation of this chapter. 234.94 (5) Primary employment means work which that pays at least the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater, offers adequate fringe benefits, including health insurance, and is not seasonal or part time. 234.94 (8) Target group means a population group for which the unemployment level is at least 25% higher than the statewide unemployment level, or a population group for which the average wage received is less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater. No population group is required to be located within a contiguous geographic area to be considered a target group. 800.09 (1j) If the court orders the defendant to perform community service work in lieu of making restitution or of paying the forfeiture, surcharges, fees and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is approved by the court and agreed to by the public agency or nonprofit charitable organization. Community service work may be in lieu of restitution only if also agreed to by the person to whom restitution is owed. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in non-agriculture, non-tipped employment s. 104.035 (1). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

800.095 (1) (d) That the defendant perform community service work for a public agency or nonprofit charitable organization approved by the court and agreed to by the agency or nonprofit charitable organization. If the community service work is in lieu of restitution, then the person to whom restitution is owed must agree; the defendant shall be given credit at the rate of not less than the minimum wage established under ch. 104 for adults in non-agriculture, non-tipped employment s. 104.035 (1) for each one hour of community service completed. The defendant shall be given a written statement of the community service order. Nothing in this paragraph makes the defendant an employee or agent of the court or the municipality. The defendant shall be responsible for providing the court with proof that the community service hours have been completed. 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the juvenile perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the juvenile or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution, forfeiture, or surcharge by the minimum wage established under ch. 104 for adults in non agriculture, non tipped employment s. 104.035 (1). The court shall ensure that the juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored. SECTION 26.0Effective date. (1) MINIMUM WAGE. This act takes effect on the first day of the first month beginning after publication. 272.03 This subsection is in effect from October 1, 1996, to August 31, 1997. Except as provided in ss. DWD 272.05 to 272.09, no employer shall employ any employee in any occupation, trade, or industry at a lesser hourly rate than is indicated below: (a) All employees except opportunity employees $4.75 per hr. (b) Opportunity employees $4.25 per hour.(1m) This subsection becomes effective on September 1, 1997. Except as provided in ss. DWD 272.05 to 272.09, no employer shall employ any employee in any occupation, trade or industry at a lesser hourly rate than is indicated below: (a) All employees except opportunity employees $5.15 per hr. (b) Opportunity employees $4.25 per hour. (2) Where tips or gratuities are received by the employee from patrons or others, the employer may pay the minimum wage rate established by this subsection, providing the employer can establish by its payroll records that for each week where credit is taken, when adding the tips received to the wages paid, no less than the minimum rate prescribed in sub. (1), was received by the employee. The minimum rate shall be the rate established in par. (a). (a) Minimum rates for tipped employees: All employees except opportunity employees $2.33 per hr. (am) Opportunity employees. Opportunity employees $2.13 per hour. (b) Burden of proof. 1. When the employer elects to take tip credit the employer must have a tip declaration signed by the tipped employee each pay period and show on the payroll records that any required social security or taxes have been withheld each pay period to show that when adding the tips received to the wages paid by the employer, no less than the minimum rate was received by the employee. When the employer's time and payroll records do not contain these requirements, no tip credit shall be allowed. 2. The department may refuse to take action to collect minimum wage deficiencies for a tipped employee who has refused or failed to file an accurate signed tip declaration for the employer each pay period. (c) General characteristics of "tips." 1. Tip means a sum presented by a customer as a gift or gratuity in recognition of some service performed for them. It is to be distinguished from payment of a charge, if any, made for the service. Whether a tip is to be given, and its amount, are matters determined solely by the customer, and generally they have the right to determine who shall be the recipient of their gratuity. In the absence of an agreement to the contrary between the recipient and a third party, a tip becomes the property of the person in recognition of whose service it is presented by the customer. Only tips actually received by an employee as money belonging to them which they may use as they choose free of any control by the employer, may be counted in determining whether they are a "tipped employee." 2. In addition to cash sums presented by customers which an employee keeps as their own, tips received by an employee include, amounts paid by bank check or other negotiable instrument payable at par and amounts transferred by the employer to the employee pursuant to directions from credit customers who designate amounts to be added to their bills as tips. Special gifts in forms other than money or its equivalent as above described, such as theater tickets, passes, or merchandise, are not counted as tips received by the employee.(d) Where employees practice tip splitting, as where waiters or waitresses give a portion of their tips to the bus persons, both the amounts retained by the waiters or waitresses and those given the bus persons are considered tips of the individuals who retain them. (e) 1. A compulsory charge for service, such as 15% of the amount of the bill, imposed on a customer by an employer's establishment, is not a tip unless distributed by the employer to their employees. 2. Similarly, where

negotiations between a hotel or restaurant and a customer for banquet facilities include amounts for distribution to employees of the hotel or restaurant, the amounts must be so distributed to the employees at the end of the pay period in which it is earned. 3. If the employer in their payroll records can establish a breakdown of the service charge, such as how much is for tips, room charge, decorations, and other chargeable services, only the amounts for tips must be paid to the employee at the end of the pay period in which it is earned. 4. Similarly, where an accounting is made to an employer for their information only or in furtherance of a pooling arrangement whereby the employer redistributes the tips to the employees upon some basis to which they have mutually agreed among themselves, the amounts received and retained by each individual as their own are counted as their tips. (f) Receiving the minimum amount "customarily and regularly." The employee must receive tips "customarily and regularly" in the occupation in which they are engaged in order to qualify as a tipped employee. If it is known that they always receive more than the stipulated amount each month, as may be the case with many employees in occupations such as those of waiters, waitresses, bellhops, taxicab drivers, barbers, or beauty operators, the employee will qualify and the tip credit provisions of sec. DWD 272.03 may be applied. On the other hand, an employee who only occasionally or sporadically receives tips such as at Christmas or New Years when customers may be more generous than usual, will not be deemed a tipped employee. The phrase "customarily and regularly" signifies a frequency which must be greater than occasional, but which may be less than constant. If an employee is in an occupation in which they normally and recurrently receive tips, they will be considered a tipped employee even though occasionally, because of sickness, vacation, seasonal fluctuations or the like, they fail to receive tips in a particular month. (g) The tip wage credit. 1. In determining compliance with the wage payment requirements the amount paid to a tipped employee as allowable under par. (a) by an employer is deemed to be increased on account of tips to equal the minimum wage applicable under sub. (1) to such employee in the pay period for which the wage payment is made. This credit is in addition to any credit for board, lodging, or other facilities which may be allowable under sec. DWD 272.03. The credit allowed on account of tips may be less than the difference between the applicable minimum wage and the rate for a tipped employee; it cannot be more. 2. It is presumed that in the application of this special provision the employee will be receiving at least the maximum tip credit in actual tips: "If the employee is receiving less than the amount credited, the employer is required to pay the balance so that the employee receives at least the minimum wage with the defined combination of wages and tips."3. Under employment agreements requiring tips to be turned over or credited to the employer to be treated by them as part of their gross receipts, it is clear that the employer must pay the employee the full minimum hourly wage, since for all practical purposes the employee is not receiving tip income. A tipped employee's regular rate of pay includes the amount of tip credit taken by the employer, and the cash wages including commissions and certain bonuses paid by the employer. Any tips received by the employee in excess of the tip credit need not be included in the regular rate. Such tips are not payments made by the employer to the employee as remuneration for employment within the meaning of ch. DWD 274. (3) This subsection is in effect from October 1, 1996, to August 31, 1997. Where board or lodging or both are furnished by the employer in accordance with s. DWD 272.04, and accepted and received by a particular employee, an allowance may be made not to exceed the following amounts: (a) All employees except opportunity employees $38.00 per week or $5.45 per day 2. Opportunity employees $34.00 per week or $4.85 per day. (b) All employees except opportunity employees $57.00 per week or $2.70 per meal. 2. Opportunity employees $51.00 per week or $2.45 per meal. (3m) This subsection becomes effective on September 1, 1997. Where board or lodging or both are furnished by the employer in accordance with s. DWD 272.04, and accepted and received by a particular employee, an allowance may be made not to exceed the following amounts: (a) All employees except opportunity employees $41.20 per week or $5.90 per day 2. Opportunity employees $34.00 per week or $4.85 per day.(b): All employees except opportunity employees $61.80 per week or $2.95 per meal. 2. Opportunity employees $51.00 per week or $2.45 per meal. (4) Where board, lodging or other necessities of life are furnished by the employer, in accordance with sec. DWD 272.04, and accepted and received by the employee or their spouse or both, minor children or other dependents, an allowance may be made, not to exceed the "fair value" of such necessities on the basis of average cost to the employer, or to groups of employers similarly situated, or average values to groups of employees or other appropriate measures of fair value. (5) Where payment of wages is made upon a basis or system other than time rate, the actual wages paid per payroll period shall not be less than provided for in this order. (6) Wages paid to home-workers shall be not less than the rates prescribed in this order. [Note: Effective January 1, 2005 the minimum wage in Madison is $5.70 per hour; the opportunity wage is $5.18 per hour. Effective January 1, 2006 the minimum wage in Madison will increase to $6.50 per hour; the opportunity wage will increase to $5.81 per hour. Effective January 1, 2007 the minimum wage in Madison will increase to $7.25 per hour; the opportunity wage will increase to $6.41 per hour. Sec. 103.49. Prevailing wages and hours of labor on public works projects, State work; Terms defined; Applicability; Determination of rates; Recordkeeping; Enforcement; Inspections; Penalties for violations; Lists of violators. (1) Definitions. In this section: (a) "Area" means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, "area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, "area" means those counties that are contiguous to those counties or, if the department

determines that there is insufficient wage data in those counties, "area" means the entire state or, if the department is requested to review a determination under sub. (3) (c), "area" means the city, village or town in which a proposed project of public works that is subject to this section is located. (am) Bona fide economic benefit means an economic benefit for which an employer makes irrevocable contributions to a trust or fund created under 29 USC 186 (c) or to any other bona fide plan, trust, program, or fund no less often than quarterly or, if an employer makes annual contributions to such a bona fide plan, trust, program, or fund, for which the employer irrevocably escrows moneys at least quarterly based on the employer's expected annual contribution. (b) "Hourly basic rate of pay" means the hourly wage paid to any employee, excluding any contributions or payments for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefits, whether paid directly or indirectly. (bg) "Insufficient wage data" means less than 500 hours of work performed in a particular trade or occupation on projects that are similar to a proposed project of public works that is subject to this section. (bj) Minor service and maintenance work means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration. (bm) [Repealed.] (c) "Prevailing hours of labor" for any trade or occupation in any area means 10 hours per day and 40 hours per week and may not include any hours worked on a Saturday or Sunday or on any of the following holidays: 1. January 1. 2. The last Monday in May. 3. July 4. 4. The first Monday in September. 5. The 4th Thursday in November. 6. December 25. 7. The day before if January 1, July 4 or December 25 falls on a Saturday. 8. The day following if January 1, July 4 or December 25 falls on a Sunday. (d) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation on projects in the area. 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area. (e) [Repealed.] (f) "State agency" means any office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. "State agency" also includes the University of Wisconsin Hospitals and Clinics Authority and the Fox River Navigational System Authority. (fm) Supply and installation contract means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts and no other work is performed on the site of the project of public works, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract. (g) "Truck driver" includes an owner-operator of a truck. (1m) APPLICABILITY. Subject to sub. (3g), this section applies to any project of public works erected, constructed, repaired, remodeled, demolished for the state or a state agency, other than a highway, street, or bridge construction or maintenance project, including all of the following: (a) A project erected, constructed, repaired, remodeled, demolished by one state agency for another state agency under any contract or under any statute specifically authorizing cooperation between state agencies. (b) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or a state agency contracting for the erection, construction, repair, remodeling, demolition of the facility. (c) A sanitary sewer or water main project in which the completed sanitary sewer or water main is acquired by, or dedicated to, the state for ownership or maintenance by the state. (2) Prevailing wage rates and hours of labor. Any contract hereafter made for the erection, construction, remodeling, repairing, or demolition of any project of public works, to which the state, any state agency, is a party shall contain a stipulation that no person performing the work described in sub. (2m) may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (3) in the same or most similar trade or occupation in the area in which the project of public works is situated. A reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project of public works that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time

that the contract or subcontract is in force. (2m) Covered employees. (a) Subject to par. (b), all of the following employees shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay: 1. All laborers, workers, mechanics, and truck drivers employed on the site of a project of public works that is subject to this section. 2. All laborers, workers, mechanics, and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies or equipment on the site of a project of public works that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project that is subject to this section by a contractor, subcontractor, agent or other person performing any work on the site of the project. (b) Notwithstanding par. (a) 1., a laborer, worker, mechanic or truck driver who is regularly employed to process, manufacture, pick up or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies: 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle. 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project of public works and transport that excavated material or spoil away from the site of the project. (c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck. (3) Investigation; determination. (a) Before bids are asked for any work to which this section applies, the state agency having the authority to prescribe the specifications shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting state agency. For the information of the employees working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor and the provisions of subs. (2) and (6m) shall be kept posted by the state agency in at least one conspicuous and easily accessible place on the site of the project. (am) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a project of public works extends into more than one area there shall be but one standard of prevailing wage rates for the entire project. (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, or 229.8275 or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50 or 229.8275 or 40 USC 3142. (b) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by persons working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation. (c) In addition to the recalculation under par. (b), the state agency that requested the determination under this subsection may request a review of any portion of a determination within 30 days after the date of issuance of the determination if the state agency submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed project of public works is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed project of public works is located on which some work has been performed during the current survey period and which were considered by the department in issuing its most recent compilation under par. (am). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review. (3g) Nonapplicability. This section does not apply to any of the following: (a) A project of public works for which the estimated project cost of completion is less than $25,000. (b) A project of public works in which the labor for the project is provided by unpaid volunteers. (c) Minor service or maintenance work, warranty work, or work under a supply and installation contract. (4r) Compliance. (a) When the department finds that a state agency has not requested a determination under sub. (3) (a) or that a state

agency, contractor or subcontractor has not physically incorporated a determination into a contract or subcontract as required under sub. (2) or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (2), the department shall notify the state agency, contractor or subcontractor of the noncompliance and shall file the determination with the state agency, contractor or subcontractor within 30 days after such notice. (b) Upon completion of a project of public works and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until the affidavit is filed in proper form and order. (c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the state agency authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A state agency may not authorize a final payment until the affidavit is filed in proper form and order. If a state agency authorizes a final payment before an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person performing the work specified in sub. (2m) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the state agency withhold all or part of the final payment, but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount of the final payment. (5) Records; inspection; enforcement. (a) Each contractor, subcontractor or contractor's or subcontractor's agent performing work on a project of public works that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. (am) 1. Except as provided in this subdivision, by no later than the end of the first week of a month following a month in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project of public works that is subject to this section, the contractor, subcontractor, or agent shall submit to the department in an electronic format a certified record of the information specified in par. (a) for that preceding month. This requirement does not apply to a contractor, subcontractor, or agent if all persons employed by the contractor, subcontractor, or agent who are performing the work described in sub. (2m) are covered under a collective bargaining agreement and the wage rates for those persons under the collective bargaining agreement are not less than the prevailing wage rate. In that case, the contractor, subcontractor, or agent shall submit to the department in an electronic format a copy of all collective bargaining agreements that are pertinent to the project of public works by no later than the end of the first week of the first month in which the contractor, subcontractor, or agent performs work on the project of public works. 2. The department shall post on its Internet site all certified records and collective bargaining agreements submitted to the department under subd. 1., except that the department may not post on that site the name of or any other personally identifiable information relating to any employee of a contractor, subcontractor, or agent that submits information to the department under subd. 1. In this subdivision, personally identifiable information does not include an employee's trade or occupation, his or her hours of work, or the wages paid for those hours worked. (b) It shall be the duty of the department to enforce this section. To this end it may demand and examine, and every contractor, subcontractor, and contractor's and subcontractor's agent shall keep, and furnish upon request by the department, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (2m) for work to which this section applies. The department may inspect records in the manner provided in this chapter. Every contractor, subcontractor, or agent performing work on a project of public works that is subject to this section is subject to the requirements of this chapter relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section. (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project of public works that is subject to this section to ensure compliance with this section. In the case of a request made by a person performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed. (6m) Liability and penalties. (ag) 1. Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional amount as liquidated damages as provided in subd. 2., 3., whichever is applicable. 2. If the department determines upon inspection under sub. (5) (b) or (c) that a contractor, subcontractor, or contractor's or

subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the department shall order the contractor to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages within a period specified by the department in the order. 3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and in behalf of that employee and other employees similarly situated may commence an action to recover that liability in any court of competent jurisdiction. If the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages. 5. No employee may be a party plaintiff to an action under subd. 3. unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant. (am) Except as provided in pars. (b), (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense. (b) Whoever induces any person who seeks to be or is employed on any project of public works that is subject to this section to give up, waive, or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a project of public works that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment, or by any other means is guilty of an offense under s. 946.15 (1). (c) Any person employed on a project of public works that is subject to this section who knowingly permits a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project of public works that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2). (d) Whoever induces any person who seeks to be or is employed on any project of public works that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142. (e) Any person employed on a project of public works that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c. (f) Paragraph (a) (am) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) (a) or (am). (7) Debarment. (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies a list of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years. The department shall include with any name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A state agency may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later. (b) The department may not include in a notification under par. (a) the name of any person on the basis of having let work to a person whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. (c) This subsection does not apply to any contractor, subcontractor or agent who in good faith commits a minor violation of this section, as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or who has not exhausted or waived all appeals. (d) Any person submitting a bid on a project of public works that is subject to this section shall, on the date the person submits the bid, identify any construction business in which the person, or a shareholder, officer, or partner of the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person submits the bid or at any other time within 3 years preceding the date the person submits the bid, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. (e) The department shall

promulgate rules to administer this subsection. 103.50. Highway contracts; Terms defined; Prevailing wage rates and hours of labor; Covered employees; Investigation, Determination; Certifcation of rates; Appeals; Contents of contracts; Wage rate data; Appeals; Penalty for violations; Enforcement and prosecution (1) Definitions. In this section: (a) "Area" means the county in which a proposed project that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, "area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, "area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, "area" means the entire state. (b) "Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b). (bg) "Insufficient wage data" has the meaning given in s. 103.49 (1) (bg). (c) "Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c). (d) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation in the area. 2. If there is no rate at which a majority of the hours worked in the trade or occupation in the area is paid, "prevailing wage rate" means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation in that area. (e) "Truck driver" has the meaning given in s. 103.49 (1) (g). (2) Prevailing wage rates and hours of labor. No person performing the work described in sub. (2m) in the employ of a contractor, subcontractor, agent or other person performing any work on a project under a contract based on bids as provided in s. 84.06 (2) to which the state is a party for the construction or improvement of any highway may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor; nor may he or she be paid a lesser rate of wages than the prevailing wage rate in the area in which the work is to be done determined under sub. (3); except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay. (2m) Covered employees. (a) Subject to par. (b), all of the following employees shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay: 1. All laborers, workers, mechanics and truck drivers employed on the site of a project that is subject to this section. 2. All laborers, workers, mechanics and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies or equipment on the site of a project that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project that is subject to this section by a contractor, subcontractor, agent or other person performing any work on the site of the project. (b) Notwithstanding par. (a) 1., a laborer, worker, mechanic or truck driver who is regularly employed to process, manufacture, pick up or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies: 1. The laborer, worker, mechanic or truck driver is employed to go to the source of mineral aggregate such as sand, gravel or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate and deliver that mineral aggregate to the site of a project that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle. 2. The laborer, worker, mechanic or truck driver is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project and transport that excavated material or spoil away from the site of the project and return to the site of the project. (c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck. (3) Investigations; determinations. The department shall conduct investigations and hold public hearings necessary to define the trades or occupations that are commonly employed in the highway construction industry and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to ascertain and determine the prevailing wage rates accordingly. (4) Certification of prevailing wage rates. The department of workforce development shall, by May 1 of each year, certify to the department of transportation the prevailing wage rates in each area for all trades or occupations commonly employed in the highway construction industry. The certification shall, in addition to the current prevailing wage rates, include future prevailing wage rates when such prevailing wage rates can be determined for any such trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a construction project extends into more than one area there shall be but one standard of prevailing wage rates for the entire project. (4m) Wage rate data. In determining prevailing wage rates for projects that are subject to this section, the department shall use data from projects that are subject to this section, s. 66.0903, 66.0904, or 103.49 or 40 USC 3142. (5) Appeals to governor. If the department of transportation considers any determination

of the department of workforce development as to the prevailing wage rates in an area to have been incorrect, it may appeal to the governor, whose determination shall be final. (6) Contents of contracts. A reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for a project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department of workforce development, that department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. For the information of the employees working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor and the provisions of subs. (2) and (7) shall be kept posted by the department of transportation in at least one conspicuous and easily accessible place on the site of the project. (7) Penalties. (a) Except as provided in pars. (b), (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense. (b) Whoever induces any person who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment or by any other means is guilty of an offense under s. 946.15 (1). (c) Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2). (d) Whoever induces any person who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142. (e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142. (f) Paragraph (a) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) or (4). (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2), (2m) and (6). The department of transportation may demand and examine, and every contractor, subcontractor and contractor's or subcontractor's agent shall keep and furnish upon request by the department of transportation, copies of payrolls and other records and information relating to compliance with this section. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section. 103.503. Public works and publicly funded projects, Substance abuse prevention. (1) DEFINITIONS. In this section: (a) "Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in Section 66.0903 (4), 66.0904(3), or 103.49 (2m) on a project. (b) "Alcohol" has the meaning given in Section 340.01 (1q). (c) "Contracting agency" means a local governmental unit, as defined in Section 66.0903 (1) (d), a state agency, as defined in Section 103.49 (1) (f), or an owner or developer under s. 66.0904 that has contracted for the performance of work on a project. (d) "Drug" means any controlled substance, as defined in Section 961.01 (4), or controlled substance analog, as defined in Section 961.01 (4m), for which testing is required by an employer under its substance abuse prevention program under this section. (e) "Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in Section 66.0903 (4), 66.0904(3) or 103.49 (2m) on a project. (f) "Employer" means a contractor, subcontractor, or agent of a contractor or subcontractor that performs work on a project. (g) "Project" mean a project of public works that is subject to Section 66.0903 or 103.49 or a publicly funded private construction project that is subject to s. 66.0904. (2) SUBSTANCE ABUSE PROHIBITED. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in Section 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under the influence of alcohol

for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in Section 885.235 (1g) (d). (3) SUBSTANCE ABUSE PREVENTION PROGRAMS REQUIRED. (a) Before an employer may commence work on a project, the employer shall have in place a written program for the prevention of substance abuse among its employees. At a minimum, the program shall include all of the following: 1. A prohibition against the actions or conditions specified in sub. (2). 2. A requirement that employees performing the work described in Section 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random, reasonable suspicion, and postaccident drug and alcohol testing and to drug and alcohol testing before commencing work on a project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project. 3. A procedure for notifying an employee who violates sub. (2), who tests positive for the presence of a drug in his or her system, or who refuses to submit to drug or alcohol testing as required under the program that the employee may not perform work on a project until he or she meets the conditions specified in sub. (4) (b) 1. and 2. (b) Each employer shall be responsible for the cost of developing, implementing, and enforcing its substance abuse prevention program, including the cost of drug and alcohol testing of its employees under the program. The contracting agency is not responsible for that cost, for the cost of any medical review of a test result, or for any rehabilitation provided to an employee. (4) EMPLOYEE ACCESS TO PROJECT. (a) No employer may permit an employee who violates sub. (2), who tests positive for the presence of a drug in his or her system, or who refuses to submit to drug or alcohol testing as required under the employer's substance abuse prevention program under sub. (3) to perform work on a project until he or she meets the conditions specified in par. (b) 1. and 2. An employer shall immediately remove an employee from work on a project if any of the following occurs: 1. The employee violates sub. (2), tests positive for the presence of a drug in his or her system, or refuses to submit to drug or alcohol testing as required under the employer's substance abuse prevention program. 2. An officer or employee of the contracting agency has a reasonable suspicion that the employee is in violation of sub. (2) and requests the employer to immediately remove the employee from work on the project. (b) An employee who is barred or removed from work on a project under par. (a) may commence or return to work on the project upon his or her employer providing to the contracting agency documentation showing all of the following: 1. That the employee has tested negative for the presence of drugs in his or her system and is not under the influence of alcohol as described in sub. (2). 2. That the employee has been approved to commence or return to work on the project in accordance with the employer's substance abuse prevention program. (c) Testing for the presence of drugs or alcohol in an employee's system and the handling of test specimens shall be conducted in accordance with guidelines for laboratory testing procedures and chain-of-custody procedures established by the substance abuse and mental health services administration of the federal department of health and human services. (5) LOCAL ORDINANCES; STRICT CONFORMITY REQUIRED. A local governmental unit, as defined in s. 66.0903 (1) (d), may enact an ordinance regulating the conduct regulated under this section only if the ordinance strictly conforms to this section. 66.0903. Municipal public works contracts; Definitions; Prevailing wage rates and hours of labor; Applicability; Exceptions; Posting; Compliance; Recordkeeping; Liability; Debarment. (1) Definitions. In this section: (a) "Area" means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, "area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, "area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, "area" means the entire state or, if the department is requested to review a determination under sub. (3) (br), "area" means the city, village or town in which a proposed project of public works that is subject to this section is located. (am) Bona fide economic benefit has the meaning given in s. 103.49 (1) (am). (b) "Department" means the department of workforce development. (c) "Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b). (cm) "Insufficient wage data" has the meaning given in s. 103.49 (1) (bg). (d) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing. Local governmental unit includes a regional transit authority created under s. 66.1039 and the southeastern regional transit authority created under s. 59.58 (7). (dr) Minor service and maintenance work means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration. (e) [Repealed.] (f) "Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c). (g) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation on projects in the area. 2. If there is no rate at

which a majority of the hours worked in the trade or occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area. (i) [Repealed.] (im) Supply and installation contract means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts and no other work is performed on the site of the project of public works, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract. (j) "Truck driver" has the meaning given in s. 103.49 (1) (g). (2) Applicability. Subject to sub. (5), this section applies to any project of public works erected, constructed, repaired, remodeled, demolished, for a local governmental unit, including all of the following: (a) A highway, street, bridge, building, or other infrastructure project. (b) A project erected, constructed, repaired, remodeled, demolished by one local governmental unit for another local governmental unit under a contract under s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically authorizing cooperation between local governmental units. (c) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu of the local governmental unit contracting for the erection, construction, repair, remodeling, demolition, of the facility. (d) A road, street, bridge, sanitary sewer, or water main project in which the completed road, street, bridge, sanitary sewer, or water main is acquired by, or dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership or maintenance by the local governmental unit. (3) Prevailing wage rates and hours of labor. (am) A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract for the erection, construction, remodeling, repairing or demolition of any project of public works, shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work contemplated. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects of public works that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting local governmental unit. (ar) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a project of public works extends into more than one area there shall be but one standard of prevailing wage rates for the entire project. (av) In determining prevailing wage rates under par. (am) or (ar), the department may not use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50 or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50 or 40 USC 3142. (bm) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by persons working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation. (br) In addition to the recalculation under par. (bm), the local governmental unit that requested the determination under this subsection may request a review of any portion of a determination within 30 days after the date of issuance of the determination if the local governmental unit submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed project of public works is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed project of public works is located and on which some work has been performed during the current survey period and which were considered by the department in issuing its most recent compilation under par. (ar). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review. (dm) A reference to the prevailing wage rates determined by the department or a local governmental unit exempted under sub. (6) and to the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project of public works. If any contract or subcontract for a project of public works is entered into, the prevailing wage rates determined by the department or exempted local governmental unit and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or

subcontract may not be changed during the time that the contract or subcontract is in force. No person performing the work described in sub. (4) may be paid less than the prevailing wage rate in the same or most similar trade or occupation determined under this subsection; nor may he or she be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay. (4) Covered employees. (a) Subject to par. (b), all of the following employees shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay: 1. All laborers, workers, mechanics, and truck drivers employed on the site of a project of public works that is subject to this section. 2. All laborers, workers, mechanics, and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a project of public works that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project of public works that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project. (b) Notwithstanding par. (a) 1., a laborer, worker, mechanic or truck driver who is regularly employed to process, manufacture, pick up or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies: 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle. 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a project of public works that is subject to this section, pick up excavated material or spoil from the site of the project and transport that excavated material or spoil away from the site of the project. (c) A truck driver who is an owneroperator of a truck shall be paid separately for his or her work and for the use of his or her truck. (5) Nonapplicability. This section does not apply to any of the following: (a) A project of public works for which the estimated project cost of completion is below $25,000. (b) A project of public works in which the labor for the project is provided by unpaid volunteers. (c) Minor service or maintenance work, warranty work, or work under a supply and installation contract. (6) Exemptions. The department, upon petition of any local governmental unit, shall issue an order exempting the local governmental unit from applying to the department for a determination under sub. (3) when it is shown that an ordinance or other enactment of the local governmental unit sets forth standards, policy, procedure and practice resulting in standards as high or higher than those under this section. (8) Posting. For the information of the employees working on the project of public works, the prevailing wage rates determined by the department or exempted local governmental unit, the prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) shall be kept posted by the local governmental unit in at least one conspicuous and easily accessible place on the site of the project or, if there is no common site on the project, at the place normally used by the local governmental unit to post public notices. (9) Compliance. (a) When the department finds that a local governmental unit has not requested a determination under sub. (3) (am) or that a local governmental unit, contractor or subcontractor has not physically incorporated a determination into a contract or subcontract as required under this section or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (3) (dm), the department shall notify the local governmental unit, contractor or subcontractor of the noncompliance and shall file the determination with the local governmental unit, contractor or subcontractor within 30 days after the notice. (b) Upon completion of a project of public works and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until the affidavit is filed in proper form and order. (c) Upon completion of a project of public works and before receiving final payment for his or her work on the project, each contractor shall file with the local governmental unit authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A local governmental unit may not authorize a final payment until the affidavit is filed in proper form and order. If a local governmental unit authorizes a final payment before an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person performing the work specified in sub. (4) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the local governmental unit withhold all or part of the final payment, but the local governmental unit fails to do so, the local governmental unit is liable for all back wages payable up to the amount of the final payment. (10) Records; inspection; enforcement. (a) Each contractor, subcontractor or contractor's or subcontractor's agent performing work on a project of public works that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and

the actual wages paid for the hours worked. (am) 1. Except as provided in this subdivision, by no later than the end of the first week of a month following a month in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project of public works that is subject to this section, the contractor, subcontractor, or agent shall submit to the department in an electronic format a certified record of the information specified in par. (a) for that preceding month. This requirement does not apply to a contractor, subcontractor, or agent if all persons employed by the contractor, subcontractor, or agent who are performing the work described in sub. (4) are covered under a collective bargaining agreement and the wage rates for those persons under the collective bargaining agreement are not less than the prevailing wage rate. In that case, the contractor, subcontractor, or agent shall submit to the department in an electronic format a copy of all collective bargaining agreements that are pertinent to the project of public works by no later than the end of the first week of the first month in which the contractor, subcontractor, or agent performs work on the project of public works. 2. The department shall post on its Internet site all certified records and collective bargaining agreements submitted to the department under subd. 1., except that the department may not post on that site the name of or any other personally identifiable information relating to any employee of a contractor, subcontractor, or agent that submits information to the department under subd. 1. In this subdivision, personally identifiable information does not include an employee's trade or occupation, his or her hours of work, or the wages paid for those hours worked. (b) The department or the contracting local governmental unit may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep, and furnish upon request by the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (4) for work to which this section applies. The department may inspect records in the manner provided in ch. 103. Every contractor, subcontractor or agent performing work on a project of public works that is subject to this section is subject to the requirements of ch. 103 relating to the examination of records. (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project of public works that is subject to this section to ensure compliance with this section. In the case of a request made by a person performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed. (d) Section 103.005 (5) (f), (11), (12) and (13) applies to this section, except that s. 103.005 (12) (a) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) (am) or (ar). Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section, including proceedings under sub. (11) (a). (11) Liability and penalties. (a) 1. Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional equal amount as liquidated damages as provided under subd. 2., 3., whichever is applicable. 2. If the department determines upon inspection under sub. (10) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the department shall order the contractor to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages within a period specified by the department in the order. 3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and in behalf of that employee and other employees similarly situated may commence an action to recover that liability in any court of competent jurisdiction. if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages. 5. No employee may be a party plaintiff to an action under subd. 3 unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant. (b) 1. Except as provided in subds. 2., 4. and 6., any contractor, subcontractor or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or

imprisoned for not more than 6 months or both. Each day that any violation continues is a separate offense. 2. Whoever induces any person who seeks to be or is employed on any project of public works that is subject to this section to give up, waive, or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a project of public works that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment or by any other means is guilty of an offense under s. 946.15 (1). 3. Any person employed on a project of public works that is subject to this section who knowingly permits a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives, or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives, or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project of public works that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2). 4. Whoever induces any person who seeks to be or is employed on any project of public works that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142. 5. Any person employed on a project of public works that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142. 6. Subdivision 1. does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) (am) or (ar). (12) Debarment. (a) Except as provided under pars. (b) and (c), the department shall notify any local governmental unit applying for a determination under sub. (3) and any local governmental unit exempted under sub. (6) of the names of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years. The department shall include with each name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A local governmental unit may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or the date of final determination by a court of competent jurisdiction, whichever is later. (b) The department may not include in a notification under par. (a) the name of any person on the basis of having let work to a person whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. (c) This subsection does not apply to any contractor, subcontractor or agent who in good faith commits a minor violation of this section, as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or who has not exhausted or waived all appeals. (d) Any person submitting a bid or negotiating a contract on a project of public works that is subject to this section shall, on the date the person submits the bid or negotiates the contract, identify any construction business in which the person, or a shareholder, officer or partner of the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person submits the bid or negotiates the contract or at any other time within 3 years preceding the date the person submits the bid or negotiates the contract, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. (e) The department shall promulgate rules to administer this subsection. 66.0904. Municipal public works contracts; Wage rates; Publicly funded private construction projects. (1) DEFINITIONS. In this section: (a) Area means the county in which a proposed publicly funded private construction project that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, area means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, area means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, area means the entire state or, if the department is requested to review a determination under sub. (4) (e), area means the city, village, or town in which a proposed publicly funded private construction project that is subject to this section is located. (am) Bona fide economic benefit has the meaning given in s. 103.49 (1) (am). (b) Department means the department of workforce development. (c) Direct financial assistance means moneys, in the form of a grant or other agreement or included as part of a contract, cooperative agreement, or any other arrangement, including a redevelopment agreement under s. 66.1333 (5), economic development agreement, contract under s. 66.1105 (3), or assistance provided under s. 66.1109, that a local governmental unit directly provides or otherwise directly makes available to assist

in the erection, construction, repair, remodeling, demolition of a private facility. Direct financial assistance does not include any of the following: 1. A public works contract, a supply procurement contract, a contract of insurance or guaranty, a collective bargaining agreement, or any other contract under which moneys are not directly provided or otherwise directly made available for that assistance. 2. Any moneys allocated by the city of Milwaukee for the purchase of public access easements that are located entirely in the Milwaukee Riverwalk Site Plan Review Overlay District established by the city of Milwaukee, as amended to June 1, 2009, or for the construction of dockwalls, walkways, plazas, parks, private roadways open to the public, or similar improvements, or for any other public infrastructure improvements, that are located entirely in that district, if the work on those improvements is subject to s. 66.0903 or is exempted from that section under s. 66.0903 (6). (d) Hourly basic rate of pay has the meaning given in s. 103.49 (1) (b). (e) Insufficient wage data has the meaning given in s. 103.49 (1) (bg). (f) Local governmental unit has the meaning given in s. 66.0903 (1) (d). (fm) Minor service and [or] maintenance work means a publicly funded private construction project that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on private facilities or equipment that is routinely performed to prevent breakdown or deterioration. (g) Prevailing hours of labor has the meaning given in s. 103.49 (1) (c). (h) 1. Except as provided in subd. 2., prevailing wage rate for any trade or occupation engaged in the erection, construction, remodeling, repairing, demolition of any publicly funded private construction project in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation on projects in the area. 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, prevailing wage rate for any trade or occupation engaged in the erection, construction, remodeling, repairing, demolition of any publicly funded private construction project in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51 percent of hours worked in that trade or occupation on projects in that area. (i) Publicly funded private construction project means a construction project in which the developer, investor, or owner of the project receives direct financial assistance from a local governmental unit for the erection, construction, repair, remodeling, demolition, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure. Publicly funded private construction project does not include a project of public works or a housing project involving the erection, construction, repair, remodeling, demolition of any of the following: 1. A residential property, if the project is supported by affordable housing grants, home improvement grants, or grants from a local housing trust fund. 2. A residential property containing 4 dwelling units or less. 3. A residential property that contains retail, office, or commercial components, if the project is intended to increase the supply of affordable housing in a community. (im) Supply and installation contract means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts and no other work is performed on the site of the publicly funded private construction project, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract. (j) Truck driver has the meaning given in s. 103.49 (1) (g). (2) PREVAILING WAGE RATES AND HOURS OF LABOR. (a) Any owner or developer of real property who enters into a contract for the erection, construction, remodeling, repairing, demolition of any publicly funded private construction project on that real property shall include in the contract a stipulation that no person performing the work described in sub. (3) may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such person may be permitted or required to work more than the prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (4) in the same or most similar trade or occupation in the area in which the publicly funded private construction project is situated. (b) A reference to the prevailing wage rates determined under sub. (4) and the prevailing hours of labor shall be published in any notice issued for the purpose of securing bids for the publicly funded private construction project. If any contract or subcontract for a publicly funded private construction project that is subject to this section is entered into, the prevailing wage rates determined under sub. (4) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. (3) COVERED EMPLOYEES. (a) all of the following employees shall be paid the prevailing wage rate determined under sub. (4) and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay: 1. All laborers, workers, mechanics, and truck drivers employed on the site of a publicly

funded private construction project that is subject to this section in the performance of erection, construction, remodeling, repair, demolition activities for which direct financial assistance is received. (c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck. (4) INVESTIGATION; DETERMINATION. (a) Before the owner or developer of any publicly funded private construction project enters into a contract or solicits bids on a contract for the performance of any work to which this section applies, the owner or developer shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on publicly funded private construction projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the owner or developer applying for the determination and with the local governmental unit providing direct financial assistance for the project. For the information of the employes working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (2) and (9) shall be kept posted by the owner or developer in at least one conspicuous and easily accessible place on the site of the project. (b) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a publicly funded private construction project that is subject to this section extends into more than one area there shall be but one standard of prevailing wage rates for the entire private construction project. (c) In determining prevailing wage rates under par. (a) or (b), the department may not use data from projects that are subject to this section, s. 66.0903, 103.49, or 103.50 or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 103.49, or 103.50 or 40 USC 3142. (d) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by persons working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation. (e) In addition to the recalculation under par. (d), the owner or developer that requested the determination under this subsection may request a review of any portion of the determination within 30 days after the date of issuance of the determination if the owner or developer submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed publicly funded private construction project is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed publicly funded private construction project is located on which some work has been performed during the current survey period and which were considered by the department in issuing its most recent compilation under par. (b). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review. (5) NONAPPLICABILITY. This section does not apply to any of the following: (a) A publicly funded private construction project that receives less than $1,000,000 in direct financial assistance from a local governmental unit. (b) A publicly funded private construction project in which the labor for the project is provided by unpaid volunteers. (c) Minor service or maintenance work, warranty work, or work under a supply and installation contract. (6) EXEMPTIONS. The department, upon petition of any owner or developer contracting for a publicly funded private construction project that is subject to this section, shall issue an order exempting the owner or developer from applying to the department for a determination under sub. (4) when it is shown that the project is also subject to an ordinance or other enactment of a local governmental unit that sets forth standards, policy, procedure, and practice as high or higher than those under this section. (7) COMPLIANCE. (a) When the department finds that an owner or developer has not requested a determination under sub. (4) (a) or that an owner, developer, contractor, or subcontractor has not physically incorporated a determination into a contract or subcontract as required under sub. (2) (b) or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (2) (b), the department shall notify the owner, developer, contractor, or subcontractor of the noncompliance and shall file the determination with the owner, developer, contractor, or subcontractor within 30 days after the notice. (b) Upon completion of a publicly funded private construction project that is subject to this section and before receiving final payment for his or her work on the private construction project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until the affidavit is filed in proper form and order. (c) Upon completion of a publicly funded private construction project that is subject to this section and before receiving final payment for his or her work on the project, each

contractor shall file with the owner or developer contracting for the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. An owner or developer may not authorize a final payment until the affidavit is filed in proper form and order. If an owner or developer authorizes a final payment before the affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person performing the work specified in sub. (3) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the owner or developer withhold all or part of the final payment, but the owner or developer fails to do so, the owner or developer is liable for all back wages payable up to the amount of the final payment. (8) RECORDS; INSPECTION; ENFORCEMENT. (a) Each contractor, subcontractor, or agent performing work on a publicly funded private construction project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (3) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. (am) 1. Except as provided in this subdivision, by no later than the end of the first week of a month following a month in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a publicly funded private construction project that is subject to this section, the contractor, subcontractor, or agent shall submit to the department in an electronic format a certified record of the information specified in par. (a) for that preceding month. This requirement does not apply to a contractor, subcontractor, or agent if all persons employed by the contractor, subcontractor, or agent who are performing the work described in sub. (3) are covered under a collective bargaining agreement and the wage rates for those persons under the collective bargaining agreement are not less than the prevailing wage rate. In that case, the contractor, subcontractor, or agent shall submit to the department in an electronic format a copy of all collective bargaining agreements that are pertinent to the project by no later than the end of the first week of the first month in which the contractor, subcontractor, or agent performs work on the project of public works. 2. The department shall post on its Internet site all certified records and collective bargaining agreements submitted to the department under subd. 1., except that the department may not post on that site the name of or any other personally identifiable information relating to any employee of a contractor, subcontractor, or agent that submits information to the department under subd. 1. In this subdivision, personally identifiable information does not include an employee's trade or occupation, his or her hours of work, or the wages paid for those hours worked. (b) The department or the local governmental unit providing direct financial assistance for a publicly funded private construction project may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep, and furnish upon request by the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (3) for work to which this section applies. The department may inspect records in the manner provided in ch. 103. Every contractor, subcontractor, or agent performing work on a publicly funded private construction project that is subject to this section is subject to the requirements of ch. 103 relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section. (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or contractor's or subcontractor's agent performing work on a publicly funded private construction project that is subject to this section to ensure compliance with this section. In the case of a request made by a person performing the work specified in sub. (3), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request if frivolous, the department shall charge the person making the request the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (3), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed. (d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that s. 103.005 (12) (a) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (4) (a) or (b). Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section, including proceedings under sub. (9) (a). (9) LIABILITY AND PENALTIES. (a) 1. Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (4) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional amount as liquidated damages as provided in subd. 2., 3., whichever is applicable. 2. If the department determines upon inspection under sub. (8) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the department shall order the contractor to pay to any affected employee the amount of his or her

unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages within a period specified by the department I 3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and in behalf of that employee and other employees similarly situated may commence an action to recover that liability in any court of competent jurisdiction. if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages. 5. No employee may be a party plaintiff to an action under subd. 3. unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant. (b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200. Each day that any violation continues is considered a separate offense. 2. Whoever induces any person who seeks to be or is employed on any publicly funded private construction project that is subject to this section to give up, waive, or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a publicly funded private construction project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment, or by any other means is guilty of an offense under s. 946.15 (1). 3. Any person employed on a publicly funded private construction project that is subject to this section who knowingly permits a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives, or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives, or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a publicly funded private construction project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2). 4. Whoever induces any person who seeks to be or is employed on any publicly funded private construction project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142. 5. Any person employed on a publicly funded private construction project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142. 6. Subdivision 1. does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (4) (a) or (b). (10) DEBARMENT. (a) Except as provided under pars. (b) and (c), the department shall notify any owner or developer applying for a determination under sub. (4) and any owner or developer that is exempt under sub. (6) of the names of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (4) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years. The department shall include with each name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. An owner or developer may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date on which the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later. (b) The department may not include in a notification under par. (a) the name of any person on the basis of having let work to a person whom the department has found to have failed to pay the prevailing wage rate determined under sub. (4) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. (c) This subsection does not apply to any contractor, subcontractor, or contractor's or subcontractor's or agent that in good faith commits a minor violation of this section, as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or that has not exhausted or waived all appeals. (d) Any person submitting a bid or negotiating a contract on a publicly funded private construction project that is subject to this section shall, on the date on which the person submits the bid, identify any construction business in which the person, or a shareholder, officer, or partner of the person, if the person is a business, owns, or has owned at least a 25 percent interest on the date the person submits the bid or at any other time within 3 years preceding the date on which the person submits the bid or negotiates the contract, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (4) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. (e) The department shall promulgate rules to administer this subsection.

Wyoming 27-4-202 a) Every employer shall pay to each of his or her employees wages at a rate of not less than five dollars and fifteen cents ($5.15) per hour. (b) Effective April 1, 2001 and thereafter, all employers who employ tipped employees shall not pay less than two dollars and thirteen cents ($2.13) per hour to his tipped employees. Provided further, if the wage paid by the employer combined with the tips received by the employee during a given pay period does not equal at least the applicable minimum wage as prescribed in subsection (a) of this section, the employer shall pay the difference to the tipped employee. For the purposes of this act, all "tip" employees shall furnish monthly to their respective employers the daily record of tips required to be kept by "tip" employees under the laws of the United States and upon the forms prescribed by the internal revenue service of the United States treasury department. The daily record of tips shall constitute prima facie proof of the amount of tips received by the employee. Proof of a customary tipping percentage of sales or service shall also be an admissible form of proof of the amount of tips. A "tip" employee is one who customarily and regularly receives more than thirty dollars ($30.00) a month in tips. (c) In lieu of the rate prescribed in subsection (a) of this section, any employer may pay any employee who has not attained the age of twenty (20) years a wage which is not less than four dollars and twenty-five cents ($4.25) per hour during the first ninety (90) consecutive days after the employee is initially employed by the employer. No employer may take any action to displace employees, including partial displacements such as reduction in hours, wages or employment benefits for purposes of hiring individuals at the wage authorized in this subsection. [Note: Employers subject to federal law must pay employees $7.25 per hour.] 27-4-402 Employers required to pay prevailing hourly rate of wages which is defined as the wages paid generally to and the associated customary and usual fringe benefit costs paid on behalf of workers engaged in work of a similar character. (http://wydoe.state.wy.us/doe.asp?id=251)