This bill amends West Virginia's Code regarding minimum wage standards for employees who receive gratuities. It removes the previous provision that allowed employers to take a credit of twenty percent of the hourly rate for employees who customarily receive gratuities and replaces it with a new provision allowing employers to take a credit of up to 70 percent of the minimum wage for all hours worked. This credit is contingent upon the employee receiving pay and gratuities that, when combined, meet or exceed the current minimum wage.

Additionally, the bill mandates that employers must provide documentary evidence to the commissioner upon request, demonstrating that employees are receiving at least the minimum wage in gratuities or appropriate room and board. The intent of this legislation is to ensure that employees who earn gratuities are compensated fairly, receiving an hourly wage that, when combined with gratuities, meets or exceeds the established state minimum wage.

Statutes affected:
Introduced Version: 21-5C-4