BILL NUMBER: AB 669	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Daly

                        FEBRUARY 25, 2015

   An act to amend Section 1182.12 of the Labor Code, relating to
minimum wage.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 669, as introduced, Daly. Minimum wage: tipped employees.
   Existing law requires that, on and after July 1, 2014, the minimum
wage for all industries be not less than $9 per hour. Existing law
further requires that on and after January 1, 2016, the minimum wage
for all industries be not less than $10 per hour.
   This bill would establish the minimum wage for a qualifying tipped
employee, on and after January 1, 2016, at $9 per hour. The bill
would define "qualifying tipped employee" to mean an employee who
regularly receives income from wages at a rate equal to at least $15
per hour, as described. The bill would define "wages" for these
purposes to mean all remuneration for services performed by an
employee for his or her employer, including tips received by an
employee in the course of his or her employment.
   The bill would require an employer, if in any month a qualifying
tipped employee receives income from wages at a rate of less than $15
per hour, to pay the employee an amount equal to the difference, if
any, between the minimum wage per hour for qualifying tipped
employees the state minimum wage per hour for all other employees,
multiplied by the total number of hours worked by the employee during
that month. This bill would supersede local minimum wage laws unless
the local law contains specified provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1182.12 of the Labor Code is amended to read:
   1182.12.   (a)    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. 
   (b) Notwithstanding subdivision (a), on and after January 1, 2016,
the minimum wage for a qualifying tipped employee shall be nine
dollars ($9) per hour.  
   (c) "Qualifying tipped employee" means an employee who regularly
receives income from wages at a rate equal to at least fifteen
dollars ($15) per hour.  
   (d) If, in any month, a qualifying tipped employee receives income
at a rate of less than fifteen dollars ($15) per hour, the employer
shall pay the employee an amount equal to the difference, if any,
between the minimum wage required by subdivision (b) and the state
minimum wage for all other employees, as required by subdivision (a),
multiplied by the total number of hours worked by the employee
during that month.  
   (e) For purposes of this section, the term "wages" shall have the
meaning set forth in Section 13009 of the Unemployment Insurance
Code.  
   (f) This section shall preempt local ordinances setting forth a
minimum wage in excess of the minimum wage established by this
subdivision, to the extent the ordinance is applicable to qualifying
tipped employees, unless the ordinance specifically references this
section and states the local jurisdiction's intent to establish a
higher minimum wage for qualifying tipped employees.