House Bill 1428

AN 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 REQUIRE THE STATE ECONOMIST TO ANNOUNCE THE HOURLY WAGE RATE INCREASE; 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. (1) (a) Any employer doing business in the state and employs more than five (5) employees shall pay any employee within his employment at least:

(i) Six Dollars and Fifteen Cents ($6.15) per hour beginning on July 1, 2006; and

(ii) Seven Dollars and Fifteen Cents ($7.15) per hour beginning on January 1, 2007.

(b) Any employer doing business in the state and only employs five (5) or less employees shall pay any employee within his employment at least:

(i) Five Dollars and Fifty Cents ($5.50) per hour beginning on July 1, 2006; and

(ii) Six Dollars ($6.00) per hour beginning on January 1, 2007.

(c) On and after January 1, 2008, and January 1 of each succeeding calendar year, the hourly wage rate shall be increased by applying the United States inflation rate for the previous calendar year to the hourly wage rate established for the previous calendar year and shall be effective on the date announced by the State Economist as provided under subsection (2) of this section. The United States inflation rate for a calendar year shall be the Consumer Price Index for the calendar year for all urban consumers as calculated by the Bureau of Labor Statistics of the United States Department of Labor.

(2) The State Economist shall: (a) make an official announcement of the hourly wage rate increase on January 1 of each calendar year, or as soon thereafter as possible, (b) cause the dissemination of such announcement to the news media in such manner as such economist deems appropriate, and (c) file the same with the Mississippi Department of Employment Security. The hourly wage rate shall be effective from the date of the official announcement by the State Economist.

(3) Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the wages provided in this section shall be entitled to recover in a civil action the unpaid balance of the full amount of wages as provided in this section.

SECTION 2. 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 certain wages as enacted by statutory law * * *. 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 3. This act shall take effect and be in force from and after July 1, 2006.