2007 Regular Session
By: Representative Cummings, Moss, Bailey, Mayo, Broomfield, Franks, Clarke, Dickson, Fredericks, Coleman (29th), Perkins, Clark, Scott
AN ACT TO CREATE THE MISSISSIPPI WORKING PERSON'S ACT; TO REQUIRE THAT A CERTAIN WAGE BE PAID BY EMPLOYERS DOING BUSINESS IN THE STATE TO ANY EMPLOYEE WITHIN THEIR EMPLOYMENT; TO PROVIDE HOW THE HOURLY RATE INCREASE SHALL BE CALCULATED; TO AMEND SECTION 25-3-40, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known as the "Mississippi Working Person's Act."
SECTION 2. The Legislature finds that there is a need for gainful employment that allows the citizens of this state to be compensated at a living wage. The intent of the Legislature is to increase the minimum wage for citizens of this state above the minimum wage established by federal law. The Legislature recognizes and supports that whenever federal law increases the federal minimum wage above the wage established by this act, such federal wage increase shall supersede the wage established by this act.
SECTION 3. (1) (a) Except as otherwise provided in this section, any employer doing business in the state shall pay any employee within his employment at least: (i) Six Dollars and Twenty-five Cents ($6.25) per hour beginning on July 1, 2007; and (ii) Seven Dollars and Twenty-five Cents ($7.25) per hour beginning on January 15, 2008.
(2) Subject to the provisions of this subsection (2), an employer of a tipped employee shall be entitled to an allowance as a part of the hourly wage required by subsection (1) of this section. The allowance shall be in an amount equal to the tips received by such employee. However, the amount of the allowance authorized under this subsection (2) shall not exceed fifty percent (50%) of the hourly wage required by subsection (1) of this section, and the application of the allowance must result in payment of wages other than tips to such employees of no less than fifty percent (50%) of the hourly wage required by subsection (1) of this section. For the purposes of this subsection (2), "tipped employee" means an employee engaging in an occupation in which he or she customarily and regularly receives more than Thirty Dollars ($30.00) per month in tips. Additionally, the term "tip" means voluntary monetary contributions received by an employee from a guest, patron or customer for services rendered.
(3) The provisions of this section shall not apply to part-time high school student employees or part-time college student employees. For purposes of this subsection, "part-time employee" means a person who works twenty (20) hours or less from Sunday to Saturday.
SECTION 4. Section 25-3-40, Mississippi Code of 1972, is amended as follows:
25-3-40. * * * The Mississippi Compensation Plan shall be amended to provide salary increases in such amounts and percentages as might be recommended by the Legislative Budget Office and as may be authorized by funds appropriated by the Legislature for the purpose of granting incentive salary increases as deemed possible dependent upon the availability of general and special funds.
It is hereby declared to be the intent of the Mississippi Legislature to implement a minimum wage as enacted by Mississippi or federal statutory law, whichever wage is greater. It is the intent and purpose of this section to maximize annual salary increases consistent with the availability of funds as might be determined by the Mississippi Legislature at its regular annual session and that all salary increases hereafter be made consistent with the provisions of this section.
SECTION 5. This act shall take effect and be in force from and after July 1, 2007.