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H0412........................................................by MR. SPEAKER
Requested by: Department of Labor
WAGES - OVERTIME - Amends existing law to delete the provision of state
minimum wage law requiring the Idaho Department of Labor to enforce
overtime pay provisions.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to HuRes
02/06 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 64-2-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Miller, Mortensen, Newcomb, Pischner, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor,
Tilman, Tippets, Wheeler, Zimmermann, Mr Speaker
NAYS -- Stoicheff, Watson
Absent and excused -- Kellogg, Pomeroy, Trail, Wood
Floor Sponsor - Lake
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to Com/HuRes
03/06 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 30-2-3
AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ipsen, Keough, King, Lee, Noh, Parry, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne, Twiggs, Wheeler
NAYS--Andreason, Whitworth
Absent and excused--Ingram, McLaughlin, Sweeney
Floor Sponsor - Burtenshaw
Title apvd - to House
03/17 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 107
Effective: 07/01/98
H0412|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 412 BY MR. SPEAKER Requested by: Department of Labor 1 AN ACT 2 RELATING TO THE MINIMUM WAGE LAW; AMENDING SECTION 44-1502, IDAHO CODE, TO 3 DELETE THE PROVISION WHICH REQUIRES THE STATE DEPARTMENT OF LABOR TO 4 ENFORCE OVERTIME PAY PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 44-1502, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 44-1502. MINIMUM WAGESAND OVERTIME PAY. (1) Except as here- 9 inafter otherwise provided, no employer shall pay to any of his employees any 10 wages computed at a rate of less than four dollars and seventy-five cents 11 ($4.75) commencing April 1, 1997, and five dollars and fifteen cents ($5.15) 12 commencing September 1, 1997, per hour for employment. 13 (2) In determining the wage of a tipped employee, the amount paid such 14 employee by an employer shall be deemed to be increased on account of tips 15 actually received by the employee but not by an amount in excess of thir- 16 ty-three percent (33%) of the applicable minimum wage, beginning April 1, 17 1997, and until August 31, 1997, and thirty-five percent (35%) on and after 18 September 1, 1997, as set forth in subsection (1) of this section. In the 19 event a dispute arises between the employee and the employer with respect to 20 the amount of tips actually received by the employee, it shall be the 21 employer's burden to demonstrate the amount of tips actually received by the 22 employee. Any portion of tips paid to an employee, which is shared with other 23 employees under a tip pooling or similar arrangement, shall not be deemed, for 24 the purpose of this section, to be tips actually received by the employee. 25 (3)Except as hereinafter otherwise provided in the case of over-26time pay only and subject to the same exemptions and/or exceptions for over-27time as provided now or hereafter under the federal fair labor standards act;28i.e., those employers not exempted or excepted by the overtime provisions of29the federal fair labor standards act shall pay overtime as provided in this30section, no employer shall employ any employee longer than forty (40) hours in31a workweek consisting of seven (7) consecutive twenty-four (24) hour periods32unless such employee receives compensation for employment in excess of forty33(40) hours at a rate of not less than one and one-half (1 1/2) times the34employee's regular rate of pay.35(4)In lieu of the rate prescribed by subsection (1) of this sec- 36 tion, an employer may pay an employee who has not attained twenty (20) years 37 of age a wage which is not less than four dollars and twenty-five cents 38 ($4.25) an hour during the first ninety (90) consecutive calendar days after 39 such employee is initially employed. No employer may take any action to dis- 40 place employees (including partial displacements such as reduction in hours, 41 wages or employment benefits) for purposes of hiring individuals at the wage 42 authorized in this subsection.
STATEMENT OF PURPOSE RS07330 This bill contains one
amendment to Idaho's Minimum Wage law.
Idaho's Minimum Wage law requires the Ida ho Department of Labor to enforce the federal
overtime pay provisions of the Fair Labor Standards Act. This federal law is already being
enforced in Idaho by the Wage & Hour Division of the U.S. Department of Labor. By eliminating
this duplicative requirement for the State of Idaho to enforce federal law, the Idaho Department of
Labor will be able to refocus its limited resources on enforcing Idaho law.
FISCAL IMPACT
If enacted, this bill will not impact the General Fund or any other fund or constituent group.
CONTACT
Name: Dwight Johnson
Agency: Department of Labor
Phone: 334-6402
Statement of Purpose/Fiscal Impact
H 412