Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                           H.B. 454
Approved for Filing: A. Weenig 6
         6 02-01-24 10:40 AM 6
                            MINIMUM WAGE MODIFICATIONS
                                     2024 GENERAL SESSION
                                         STATE OF UTAH
                                Chief Sponsor: Brett Garner
                                Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill addresses the minimum wage.
 Highlighted Provisions:
        This bill:
        < increases the minimum wage;
        < requires the Labor Commission to adjust the minimum wage at certain times;
        < grants the commission administrative rulemaking authority regarding the minimum
 wage; and
        < prohibits a city, town, and county from establishing a minimum wage that exceeds
 the minimum wage established in this bill.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        34-23-301, as last amended by Laws of Utah 1997, Chapter 375
        34-40-106, as last amended by Laws of Utah 2005, Chapter 287
                                                                                                 H.B. 454
 REPEALS AND REENACTS:
        34-40-103, as last amended by Laws of Utah 1997, Chapter 375
     *HB0454*
       H.B. 454                                                                02-01-24 10:40 AM
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 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 34-23-301 is amended to read:
         34-23-301. Minimum hourly wages.
         The commission may establish minimum hourly wages for minors[. If there is an
 established minimum hourly wage for adults, the minimum hourly wages for minors may be
 established at a lesser amount.] in accordance with Section 34-40-103.
         Section 2. Section 34-40-103 is repealed and reenacted to read:
         34-40-103. Minimum wage -- Commission to review and modify minimum wage.
         (1) Before January 1, 2026, the minimum wage for private and public employees in the
 state is the greater of:
         (a) $3.80 per hour; and
         (b) the federal minimum wage as provided in the Fair Labor Standards Act of 1938, 29
 U.S.C. Sec. 201 et seq.
         (2) On January 1, 2026, and before January 1, 2027, the minimum wage for private and
 public employees in the state is the greater of:
         (a) (i) for an employee who is younger than 18 years old, $10 per hour;
         (ii) for an employee who is 18 years old or older, but younger than 21 years old, $13
 per hour;
         (iii) for an employee who is 21 years old or 22 years old, $15 per hour; and
         (iv) for an employee who is 23 years old or older, $19 per hour; and
         (b) the federal minimum wage as provided in the Fair Labor Standards Act of 1938, 29
 U.S.C. Sec. 201 et seq.
         (3) Beginning January 1, 2029, and each January 1 thereafter, the commission shall by
 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 increase the minimum wage for each category of employee described in Subsection (2)(a) by at
 least $0.25 per hour.
         Section 3. Section 34-40-106 is amended to read:
         34-40-106. Limitations on minimum wage imposed by cities, towns, or counties.
         (1) A city, town, or county may not establish, mandate, or require a minimum wage
 that exceeds [the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor
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       02-01-24 10:40 AM                                                                      H.B. 454
 Standards Act of 1938] the established minimum wage for all private and public employees
 under Section 34-40-103.
        (2) (a) A city, town, or county may not require that a person who contracts with the
 city, town, or county pay that person's employees a wage that exceeds the federal minimum
 wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
        (b) Subsection (2)(a) does not apply when federal law requires the payment of a
 specified wage to persons working on projects funded in whole or in part by federal funds.
        (c) Subsection (2)(a) applies to contracts executed on or after April 30, 2001.
        (3) (a) If a city, town, or county contracts with a person for the direct purchase of goods
 or services, in awarding or otherwise executing that contract, the city, town, or county may not
 give any preferential treatment to a person on the basis that the person pays that person's
 employees a wage that exceeds the minimum wage as provided in 29 U.S.C. Sec. 201 et seq.,
 Fair Labor Standards Act of 1938.
        (b) This Subsection (3) does not apply when federal law requires the consideration of
 whether a person pays the person's employees a specified wage to persons working on projects
 funded in whole or in part by federal funds.
        (c) This Subsection (3) applies to contracts executed on or after May 2, 2005.
        (4) (a) The restrictions of this section on a city, town, or county apply to any entity
 created by the city, town, or county.
        (b) This Subsection (4) applies to contracts executed on or after May 2, 2005.
        Section 4. Effective date.
        This bill takes effect on May 1, 2024.
                                                     -3-
Statutes affected: 
Introduced: 34-23-301, 34-40-103, 34-40-106