Minimum Wage Language - FY 2007 Senate Budget
Section 1. (a) It is hereby declared to be against public policy for any employer to employ any person in an occupation in this commonwealth at an oppressive and unreasonable wage as defined in section 2, and any contract, agreement or understanding for or in relation to such employment shall be null and void. An hourly wage of less than the minimum wage specified in subsection (b), in any occupation, as defined in this chapter, shall conclusively be presumed to be oppressive and unreasonable, wherever the term “minimum wage” is used in this chapter, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage under sections 7 and 9. In no case shall the minimum wage rate be less than $0.10 higher than the effective federal minimum rate.
(b) The minimum wage shall be $7.50 per hour.
SECTION 36B. Said section 1 of said chapter 151 is hereby further amended by striking out subsection (b), inserted by section 36A, and inserting in the place thereof the following:(b) The minimum wage shall be $8.25 per hour.
SECTION 36C. Said section 1 of said chapter 151 is hereby further amended by striking out subsection (b), inserted by section 36B, and inserting in the place thereof the following 3 subsections:(b) The minimum wage shall be $8.25 per hour, adjusted for inflation each year as specified in subsection (d).
(c) On May 31 of each year, the commissioner shall calculate and announce the percentage change in the national consumer price index for all urban consumers as prepared by the United States Bureau of Labor Statistics, or its successor index, for the most recent 12 month period for which such data are available.
(d) Effective September 1 of the same calendar year, the minimum wage shall be the minimum wage in effect on May 31 increased by the percentage change in the consumer price index calculated in subsection (c). In no instance shall the increase be less than zero.
SECTION 36D. Said chapter 151 is hereby further amended by inserting after section 1B the following section:Section 1C. (a) There shall be a commission, to be known as the Massachusetts Commission on the Minimum Wage, to consider further increases in the minimum wage as may be necessary or appropriate to reflect existing economic conditions in the commonwealth. The commission shall meet every 3 years, with the first meeting to occur by March 15, 2010. The commission shall file a report containing its recommendations for further increases in the minimum wage with the joint committee on labor and workforce development by June 15 of each year in which it meets. Upon filing this report, the commission shall be disbanded, until such appointments are made for the next meeting of the commission. Appointments to fill the membership of the commission shall be made no earlier than January 15 of the year in which the commission is scheduled to meet. The commission shall consist of 13 members, as follows: the secretary of economic development; 1 member appointed by the president of the Massachusetts AFLCIO; 1 member appointed by the governor who shall represent the interests of business; 2 members appointed by the attorney general, 1 of whom shall have demonstrable experience in labor law and 1 of whom shall have demonstrable experience in labor market economics; 2 members appointed by the speaker of the house of representatives; 2 members appointed by the president of the senate; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; the house chair of the joint committee on labor and workforce development; and the senate chair of the joint committee on labor and workforce development.
(b) Nothing in this section shall prevent the general court from increasing the minimum wage before or following a scheduled meeting of the commission or from increasing the minimum wage in the absence of a favorable report by the commission.
SECTION 36E. Section 2 of said chapter 151, as appearing in the 2004 Official Edition, is hereby amended by inserting after the definition of "Department" the following definition:"Employer", an individual, corporation, partnership, labor organization, the commonwealth, a political subdivision thereof, including a city, town, county, or other governmental entity authorized or created by state law, including a public corporation or authority, or any other legal business, public or private, or commercial entity, including agents of the employer.
SECTION 36F. The third paragraph of section 7 of said chapter 151, as so appearing, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:(1) 50 per cent of the minimum wage under subsection (b) of section 1
SECTION 36G.. Chapter 149 of the General Laws is hereby amended by inserting after section 2 the following section:Section 2A. The attorney general shall make available to the residents of the commonwealth a 24hour tollfree hotline which may be used for reporting any suspected violations of section 19C or of 8 U.S.C. section 1324a, relative to the unlawful employment of unauthorized aliens. Calls to the hotline shall be treated confidentially, and callers shall have the option of reporting any violations anonymously. All complaints, whether received through the hotline, in writing, electronically, or in any other form, shall be recorded and documented by the attorney general and immediately referred to the attorney general of the United States, pursuant to 8 U.S.C. section 1324a. The attorney general shall annually prepare a yearend report detailing all reported violations of section 19C and of 8 U.S.C. section1324a, the nature of those violations, the date on which each complaint was received, documented and forwarded to the attorney general of the United States, and any enforcement action taken against an employer who knowingly employs illegal aliens in the commonwealth. The attorney general shall submit this report to the house and senate committees on ways and means and to the joint committee on labor and workforce development on or before February 1 of each year.