BILL NUMBER: AB 2832 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2004
INTRODUCED BY Assembly Member Lieber
(Coauthor: Senator Burton)
FEBRUARY 20, 2004
An act to add Section 1182.12 to the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2832, as amended, Lieber. Minimum wage.
Under existing law, the Industrial Welfare Commission is
authorized to determine minimum wages in accordance with a prescribed
procedure that includes the selection of wage boards to consider and
make recommendations regarding wage issues. The current minimum
wage for all industries is $6.75 per hour.
This bill would set the minimum wage at $7.25 as of
January July 1, 2005, and $7.75 as of
January July 1, 2006, and would , as of
July 1, 2005, increase lodging and meal credits for all industries by
7.4% from the amounts of credit in effect December 1, 2004, and, as
of July 1, 2006, increase the credits by 6.9% from the amounts in
effect June 1, 2006. The bill also would require the
commission to adopt consistent minimum wage orders
without convening wage boards no later than April 1, 2005
.
If the commission fails to adopt wage orders, this bill would
require the Department of Industrial Relations to prepare and
distribute wage orders giving effect to the prescribed changes in the
minimum wage and meal and lodging credits no later than May 1, 2005.
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 is added to the Labor Code, to read:
1182.12. (a) Notwithstanding any other provision of
this part, on and after January July 1,
2005, the minimum wage for all industries shall be not less than
seven dollars and twenty-five cents ($7.25) per hour; on and after
January July 1, 2006, the minimum wage
for all industries shall be not less than seven dollars and
seventy-five cents ($7.75) per hour. The Industrial Welfare
Commission hour.
(b) Notwithstanding any other provision of this part, on and after
July 1, 2005, lodging and meal credits for all industries shall be
increased by 7.4% from the amounts of credit in effect as of December
1, 2004. On and after July 1, 2006, the credits shall be increased
by 6.9% from the amounts of credit in effect as of June 1, 2006.
(c) The commission shall, at a public meeting,
adopt minimum wage orders meeting or meetings, adopt
orders regarding minimum wages and lodging and meal credits
consistent with this section without convening wage boards, which
wage orders shall be final and conclusive for all
purposes.
(d) If the commission fails to adopt any of the orders, in
accordance with subdivision (c), by April 1, 2005, the Department of
Industrial Relations shall prepare wage orders establishing the
increased wages and credits required by subdivisions (a) and (b).
The department's orders shall be consistent in all other respects
with the applicable wage orders in effect as of December 31, 2004,
and shall carry the same legal effect as if adopted by the
commission. The department shall prepare the orders, publish them in
at least two newspapers, and print and distribute them to all
appropriate employers and courts, consistent with the requirements
under Section 1181 applicable to the commission for the distribution
of notice of hearings, no later than May 1, 2005.