Goverment Cost Plus Fixed Fee Accounting Subcontractor - DOC

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					                                            State Minimum/Prevailing Wage

To access additional SHRM State Law & Regulation Resources click here.

Editors Note: If a state minimum wage rate is less then the federal rate of $5.85 per hour ($6.55 per hour effective
July 24, 2008 and $7.25 per hour effective July 24,, 2009, then employers are required to follow federal minimum
wage law. State laws will only supercede federal requirements when the state law provides a more generous
benefit to employees.

Where available, website addresses have been provided within the chart to obtain additional information for that
states Prevailing Wage requirements.

Additional Resources:
Minimum Wage History Chart
Compliance Assistance - The Davis-Bacon and Related Acts (DBRA)
Wage Determination by State
Davis-Bacon Wage Determinations Helpful Hints
Davis-Bacon Reference Material

To check whether there is pending legislative issues or recently enacted legislative changes for your state(s)
please click here.

                            Click the letter corresponding to the state name below.

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          State                                                     Statute


     Alabama          The state of Alabama does not have a state minimum wage, however employers are required to
                      apply federal rate, which is currently set at $7.25 an hour.
     Alaska           23.10.065(a) is repealed and reenacted to read: (a) Except as provided in (b) of this section and
                      as otherwise provided by law, for hours worked in a pay period, whether the work is measured
                      by time, piece, commission, or otherwise, an employer shall pay to each employee wages at a
                      rate that is not less than the higher of $7.15 an hour or, for work performed on or after the
                      effective date of an actual increase of the federal minimum wage to a rate higher than $7.15 an
                      hour, 50 cents an hour more than the federal minimum wage. An employer may not apply tips or
                      gratuities bestowed on employees as a credit toward payment of the minimum hourly wage
                      required by this section. Tip credit as defined by the Fair Labor Standards Act of 1938 as
                      amended does not apply to the minimum wage established by this section.* Sec. 2. This Act
                      takes effect July 1, 2009.

                      23.10.070 To the extent necessary to prevent curtailment of opportunities of employment, the
                      commissioner may by regulations or orders provide for the employment at wages lower than the
                      minimum wage prescribed in AS 23.10.050 - 23.10.150 of (1) an individual whose earning
                      capacity is impaired by physical or mental deficiency, age, or injury, at the wages and subject to
                      the restrictions and for the period of time that are fixed by the commissioner; and (2) an
                      apprentice at the wages that are approved by the commissioner; or (3) a learner at the wages and
                      subject to the restrictions and for the periods of time that are fixed by the commissioner.

                      36.05.010 A contractor or subcontractor who performs work on public construction in the state,
                      as defined by AS 36.95.010 , shall pay not less than the current prevailing rate of wages for work
                      of a similar nature in the region in which the work is done. The current prevailing rate of wages
                      is that contained in the latest determination of prevailing rate of wages issued by the Department
                      of Labor and Workforce Development at least 10 days before the final date for submission of
                      bids for the contract. The rate shall remain in effect for the life of the contract or for 24 calendar
                      months, whichever is shorter. At the end of the initial 24-month period, if new wage
                      determinations have been issued by the department, the latest wage determination shall become
                      effective for the next 24-month period or until the contract is completed, whichever occurs first.
                      This process shall be repeated until the contract is completed.
                      (http://www.labor.state.ak.us/lss/whhome.htm)
Arizona      23-363. A. Employers shall pay employees no less than the minimum wage, which shall be
             seven dollars and twenty-five cent ($7.25) an hour beginning on January 1, 2009. B. The
             minimum wage shall be increased on January 1, 2010 and on January 1 of successive years by
             the increase in the cost of living. The increase in the cost of living shall be measured by the
             percentage increase as of August of the immediately preceding year over the level as of August
             of the previous year of the consumer price index (all urban consumers, U.S. city average for all
             items) or its successor index as published by the U.S. department of labor or its successor
             agency, with the amount of the minimum wage increase rounded to the nearest multiple of five
             cents. C. For any employee who customarily and regularly receives tips or gratuities from
             patrons or others, the employer may pay a wage up to $3.00 per hour less than the minimum
             wage if the employer can establish by its records of charged tips or by the employee's declaration
             for federal insurance contributions act (FICA) purposes that for each week, when adding tips
             received to wages paid, the employee received not less than the minimum wage for all hours
             worked. Compliance with this provision will be determined by averaging tips received by the
             employee over the course of the employer's payroll period or any other period selected by the
             employer that complies with regulations adopted by the commission.

             34-321 A. The public interest in the rates of wages paid under public works contracts transcends
             local or municipal interests and is of statewide concern. B. Agencies and political subdivisions
             of this state, including charter cities, shall not by regulation, ordinance or in any other manner
             require public works contracts to contain a provision requiring the wages paid by the contractor
             or any subcontractor to be not less than the prevailing rate of wages for work of a similar nature
             in the state or political subdivision where the project is located.

             [Editors Note] Through December 31, 2005, Pima County is required to page a living wage rate
             of $8.35 per hour if benefits are provided and $9.39 per hour if benefits are not provided.

             [Editors Note] The living wage for Pima County has been increased to $9.67 per hour if the
             employer does not provide benefits and $8.60 per hour if benefits are provided.
Arkansas     11-4-210(a) Beginning October 1, 2006, every An employer shall pay each of his or her
             employees wages at the rate of not less than six dollars and twenty-five cents ($6.25) six dollars
             and fifty-five cents ($6.55) per hour except as otherwise provided in this subchapter. Beginning
             July 24, 2009, every employer shall pay each of his or her employees wages at the rate of not
             less than seven dollars and twenty-five cents ($7.25) per hour except as otherwise provided in
             this EMERGENCY CLAUSE. It is found and determined by the General Assembly of the State
             of Arkansas that the national and state economies have weakened and continue to weaken; that
             Arkansas families face serious and increasing financial hardships; that the financial hardships
             risk causing irreparable harm to the welfare of Arkansas families and the economy of this state
             and that this act is immediately necessary because an increase in wages will immediately allow
             Arkansas citizens to meet the steadily increasing weight of the present fiscal crisis. Therefore, an
             emergency is declared to exist and this act being immediately necessary for the preservation of
             the public peace, health, and safety shall become effective The date of its approval by the
             Governor; If the bill is neither approved nor vetoed by the Governor, the expiration of the period
             of time during which the Governor may veto the If the bill is vetoed by the Governor and the
             veto is overridden, the date the last house overrides the veto.

             11-4-212(a), concerning the allowance for gratuities, is amended to read as follows: (a) Every
             employer of an employee engaged in any occupation in which gratuities have been customarily
             and usually constituted and have been recognized as a part of remuneration for hiring purposes
             shall be entitled to an allowance for gratuities as a part of the hourly wage rate provided in § 11-
             4210 in an amount not to exceed fifty percent (50%) fifty-eight percent (58%) of the minimum
             wage established by § 11-4-210, provided that the employee actually received that amount in
             gratuities and that the application of the foregoing gratuity allowances results in payment of
             wages other than gratuities to tipped employees, including full-time students subject to the
             provisions of § 11-4-210, of no less than fifty percent (50%) forty-two percent (42%) of the
             minimum wage prescribed by § 11-4-210. SECTION 8. This act shall become effective on
             October 1, 2006.

             Effective February 15, 2007, the City of Pine Bluff, its contractors and subcontractors, and
             business benefiting from financial assistance programs must pay employees a living wage rate of
             $10.55 per hour. Covered employers may claim a credit toward the living wage rate in the
             amount equal to its average hourly health care or child care expenditures per covered employee
             up to the maximum health care or child care credit currently set as $1.25.
California   1182.12. Notwithstanding any other provision of this part, on and after January 1, 2008, the
             minimum wage for all industries shall be not less than eight dollars ($8.00)
1182.13. (a) The Department of Industrial Relations shall adjust upwards the permissible meals
and lodging credits by the same percentage as the increase in the minimum wage made pursuant
to Section 1182.12.

351. No employer or agent shall collect, take, or receive any gratuity or a part thereof that is
paid, given to, or left for an employee by a patron, or deduct any amount from wages due an
employee on account of a gratuity, or require an employee to credit the amount, or any part
thereof, of a gratuity against and as a part of the wages due the employee from the employer.
Every gratuity is hereby declared to be the sole property of the employee or employees to whom
it was paid, given, or left for. An employer that permits patrons to pay gratuities by credit card
shall pay the employees the full amount of the gratuity that the patron indicated on the credit
card slip, without any deductions for any credit card payment processing fees or costs that may
be charged to the employer by the credit card company. Payment of gratuities made by patrons
using credit cards shall be made to the employees not later than the next regular payday
following the date the patron authorized the credit card payment.

1771. Except for public works projects of one thousand dollars ($1,000) or less, not less than the
general prevailing rate of per diem wages for work of a similar character in the locality in which
the public work is performed, and not less than the general prevailing rate of per diem wages for
holiday and overtime work fixed as provided in this chapter, shall be paid to all workers
employed on public works. This section is applicable only to work performed under contract,
and is not applicable to work carried out by a public agency with its own forces. This section is
applicable to contracts let for maintenance work. (http://www.dir.ca.gov/t8/ch8sb3a4.html)

1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the
name, address, social security number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by him or her in connection with the public work. Each
payroll record shall contain or be verified by a written declaration that it is made under penalty
of perjury, stating both of the following: (1) The information contained in the payroll record is
true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811,
and 1815 for any work performed by his or her employees on the public works project. (b) The
payroll records enumerated under subdivision (a) shall be certified and shall be available for
inspection at all reasonable hours at the principal office of the contractor.

[Editors Note]Effective January 1, 2008, the prevailing wage rate for the city of San Francisco is
set at $9.36 per hour.

[Editors Note] A living wage ordinance was passed in the City of Richmond requiring
businesses awarded city contracts in excess of $25,000 and who are recipients of at least
$100,000 in public subsidies, or have leases with the city and revenues over $350,000 must pay
employees a living wage rate of $11.42 per hour if benefits are provided and $12.92 an hour if
benefits are not provided. The current living wage rate for Berkeley is $11.04 per hour if benefits
are provided and $12.87 per hour if benefits are not provided.

[Editors Note:] Effective June 30, 2007, the living wage rate for the city of Berkely is set at
$11.77 per hour if the employer contributes a minimum of $1.96 toward employee medical
benefit plan and $13.73 when the employer does not contribute the required minimum to a
medical benefit plan.

[Editors Note] Current living wage rates for Port Hueneme is $11.85 per hour if health benefits
are not provided by the employer, and $9.35 per hour if health benefits are provided by the
employer. The current living wage for Marin County is $9.50 per hour if health benefits are
provided, and $10.75 per hour if health benefits are not provided.

[Editor's Note] The current living wage rates for the town of Fairfax is $13.47 per hour if
employer provides benefits and $15.28 per hour if the employer does not provide benefits.

[Editors Note] Effective July 1, 2006, the new living wage rate for Santa Cruz and Watsonville
are set at $12.43 per hour if the employer provides benefits and $13.65 per hour if no benefits
are provided. The new living wage rate set for Los Angeles is $9.39 per hour with benefits and
$10.64 if no benefits are provided.

[Editor's note:] The new living wage rate for the City of Petaluma is $11.70 per hour if
employer provides employees with health insurance benefits and $13.20 per hour if no benefits
are provided.
           [Editor's note:] Effective July 1, 2008, the living wage rate for the City of Los Angeles is
           $10.00 per hour with health benefits, or $11.25 per hour without benefits. Effective June 30,
           2008, if an employer pays at least $2.01 per hour per employee towards an employee medical
           benefits plan, the employer must pay employees an hourly wage of not less than $12.11. If the
           employer does not provide the employees with such a medical benefit plan, the employer must
           pay employees an hourly wage of not less than $14.12. Effective until July 1, 2009, employees
           of private sector contractors/employers who enter into a service contract with the City of Santa
           Cruz for $10,000 or more must be paid a living wage of $13.08 per hour with benefits, and
           $14.26 per hour without benefits. Certain contractors and subcontractors with the County of
           Marin must pay employees a living wage for services financed by county funds for the time
           those employees are engaged in providing services to the county. The rates, effective July 1,
           2008, are $10.05 per hour with health benefits of at least $1.50 per hour, and $11.55 per hour
           without health benefits. Employees of contractors for specified private sector services, or any
           employee of a subcontractor while employed in providing service to the City of Watsonville
           pursuant to a contract for specified private sector services or related subcontract must be paid a
           living wage of $13.08 per hour with benefits, or $14.26 per hour without benefits, effective July
           1, 2008.

           [Editor's note:] Effective February 1, 2009, Sacramento employers who provide health benefits
           and whose contribution for such benefits is at least $1.60 for each hour of work must pay a
           covered employee a minimum wage rate of $10.65 per hour. If health benefits are not provided
           or are provided and the contribution is less than $1.60 per hour of work, the minimum wage rate
           is $12.25 per hour.

            [Editor's note:] Effective January 1, 2009, the San Francisco minimum wage rate will increase
           from $9.36 per hour to $9.79 per hour.



Colorado   The state of Colorado has no minimum wage law, however section 8-6-106 allows the director to
           determine minimum wages sufficient for living wages for specific industries via wage orders.

           Wage Order #25 all adult employees and emancipated minors, employed in any of the
           industries covered herein, whether employed on an hourly, piecework, commission, time, task,
           or other basis, shall be paid not less than $7.28 effective January 1, 2009, less any applicable
           lawful credits for all hours worked.

           Allowable Credits: the only allowable credits that may be taken by an employer toward the
           minimum wage are as follows: a) Lodging: the reasonable cost or fair market value for lodging
           (not to exceed $25.00 per week) furnished by the employer and used by the employee may be
           considered part of the minimum wage when furnished .b) Meals: the reasonable cost or fair
           market value of meals provided to the employee may be used as part of the minimum hourly
           wage. No profits to the employer may be included in the reasonable cost or fair market value of
           such meals furnished. The meal must be consumed before deductions are permitted. c) Tips:
           employers of “tipped employees” must pay a cash wage of at least $4.26 per hour if they claim a
           tip credit against their minimum hourly wage obligation. If an employee’s tips combined with
           the employer’s cash wage of at least $4.26 per hour do not equal the minimum hourly wage, the
           employer must make up the difference in cash wages.

           Exception: employees whose physical disability has been certified by the director to
           significantly impair such disabled employee’s ability to perform the duties involved in the
           employment, and unemancipated minors under 18 years of age, may be paid 15% below the
           current minimum wage less any applicable lawful credits, for all hours worked.

           Wage Order # 24 all adult employees and emancipated minors, employed in any of the
           industries covered herein, whether employed on an hourly, piecework, commission, time, task,
           or other basis, shall be paid not less than $7.02 effective January 1, 2008, less any applicable
           lawful credits for all hours worked. Allowable Credits: the only allowable credits that may be
           taken by an employer toward the minimum wage are as follows: a) Lodging: the reasonable cost
           or fair market value for lodging (not to exceed $25.00 per week) furnished by the employer and
           used by the employee may be considered part of the minimum wage when furnished. b) Meals:
           the reasonable cost or fair market value of meals provided to the employee may be used as part
           of the minimum hourly wage. No profits to the employer may be included in the reasonable cost
           or fair market value of such meals furnished. The meal must be consumed before deductions are
           permitted. c) Tips: employers of “tipped employees” must pay a cash wage of at least $4.00 per
           hour if they claim a tip credit against their minimum hourly wage obligation. If an employee’s
tips combined with the employer’s cash wage of at least $4.00 per hour do not equal the
minimum hourly wage, the employer must make up the difference in cash wages. Exception:
employees whose physical disability has been certified by the director to significantly impair
such disabled employee’s ability to perform the duties involved in the employment, and
unemancipated minors under 18 years of age, may be paid 15% below the current minimum
wage less any applicable lawful credits, for all hours worked.

Wage Order No. 23 Section 15 of Article XVIII of the Colorado Constitution provides that,
effective January 1, 2007, employees who receive the state OR federal minimum wage shall be
paid $6.85 per hour, adjusted annually for inflation. No more than $3.02 per hour in tip income
may be used to offset the minimum wage of employees who regularly receive tips. If either of
the following two situations applies to an employee, then the employee is entitled to the $6.85
minimum wage: 1. The employee is covered by the minimum wage provisions of Colorado
Minimum Wage Order Number 23. 2. The employee is covered by the minimum wage
provisions of the Fair Labor Standards Act. Some restrictions and exemptions may apply;
contact the Colorado Division of Labor for additional information. The Colorado Division of
Labor accepts complaints for minimum wage violations involving employees who receive the
state or federal minimum wage. 1. Coverage: This Colorado Minimum Wage Order Number 23
regulates wages, hours, working conditions and procedures for certain employers and employees
for work performed within the boundaries of the state of Colorado in the following industries:
(A) Retail and Service (C) Food and Beverage (B) Commercial Support Service (D) Health and
Medical 2. Definitions: (A) Retail and Service: any business or enterprise that sells or offers
for sale, any service, commodity, article, good, real estate, wares, or merchandise to the
consuming public, and that generates 50% or more of its annual dollar volume of business from
such sales. The retail and service industry offers goods or services that will not be made
available for resale. It also includes amusement and recreation, public accommodations, banks,
credit unions, savings and loans, and includes any employee who is engaged in the performance
of work connected with or incidental to such business or enterprise, including office personnel.
(B) Commercial Support Service: any business or enterprise engaged directly or indirectly in
providing services to other commercial firms through the use of service employees who perform
duties such as: clerical, keypunching, janitorial, laundry or dry cleaning, security, building or
plant maintenance, parking attendants, equipment operations, landscaping and grounds
maintenance. Commercial support service also includes temporary help firms which provide
employees to any business or enterprise covered by this wage order. Any employee, including
office personnel, engaged in the performance of work connected with or incidental to such
business or enterprise, is covered by the provisions of this wage order (C) Food and Beverage:
any business or enterprise that prepares and offers for sale, food or beverages for consumption
either on or off the premises. Such business or enterprise includes but is not limited to:
restaurants, snack bars, drinking establishments, catering services, fast-food businesses, country
clubs and any other business or establishment required to have a food or liquor license or permit,
and includes any employee who is engaged in the performance of work connected with or
incidental to such business or enterprise, including office personnel. (D) Health and Medical:
any business or enterprise engaged in providing medical, dental, surgical or other health services
including but not limited to medical and dental offices, hospitals, home health care, hospice care,
nursing homes, and mental health centers, and includes any employee who is engaged in the
performance of work connected with or incidental to such business or enterprise, including
office personnel. Emancipated Minor: any individual less than eighteen years of age who: a)
has the sole or primary responsibility for his or her own support. b) is married and living away
from parents or guardian. c) is able to show that his or her well-being is substantially dependent
upon being gainfully employed. Emergency: an unpredictable or unavoidable occurrence at
unscheduled intervals requiring immediate action with regard to the employment of minors in
overtime situations. Employee: any person performing labor or services for the benefit of an
employer in which the employer may command when, where, and how much labor or services
shall be performed. For the purpose of this order, an individual primarily free from control and
direction in the performance of contracted labor or services, and who is customarily engaged in
an independent trade, occupation, profession, or business related to the service performed is not
an employee. Employer: every person, firm, partnership, association, corporation, receiver, or
other officer of court in Colorado, and any agent or officer thereof, of the above-mentioned
classes, employing any person in Colorado, except that the provisions of this order shall not
apply to state, federal and municipal governments or political sub-divisions thereof, including;
cities, counties, municipal corporations, quasi-municipal corporations, school districts, and
irrigation, reservoir, or drainage conservation companies or special districts organized and
existing under the laws of Colorado. Full Time Employee: for the purpose of the exemption
described in section 5(b) of this wage order, a full time employee is one who performs work for
the benefit of an employer for a minimum of 32 hours per work week. Regular Rate of Pay: the
regular rate of pay actually paid to employees for a standard, non-overtime workweek. The
regular rate of pay shall include all compensation paid to employees including the set hourly
rate, shift differential, minimum wage tip credit, non-discretionary bonuses, production bonuses,
and commissions used for the purpose of calculating the overtime hourly rate for non-exempt
employees. Business expenses, bonafide gifts, discretionary bonuses, employer investment
contributions, vacation pay, holiday pay, sick leave, jury duty, or other pay for non-work hours
may be excluded from the regular rate of pay. Time Worked: the time during which an
employee is subject to the control of an employer, including all the time the employee is suffered
or permitted to work whether or not required to do so. Requiring or permitting employees to
remain at the place of employment awaiting a decision on job assignment or when to begin work
or to perform clean up or other duties "off the clock" shall be considered time worked and said
time must be compensated. a) Travel Time: all travel time spent at the control or direction of an
employer, excluding normal home to work travel, shall be considered as time worked. b) Sleep
Time: where an employee's tour of duty is 24 hours or longer, up to 8 hours of sleeping time can
be excluded from overtime compensation, if: (1) an express agreement excluding sleeping time
exists; and (2) adequate sleeping facilities for an uninterrupted night's sleep are provided; and (3)
at least five hours of sleep are possible during the scheduled sleeping periods; and (4)
interruptions to perform duties are considered time worked. When said employee's tour of duty
is less than 24 hours, periods during which the employee is permitted to sleep are compensable
work time, as long as the employee is on duty and must work when required. Only actual sleep
time may be excluded up to a maximum of eight (8) hours per work day. When work related
interruptions prevent five (5) hours of sleep, the employee shall be compensated for the entire
work day. Tipped Employee: any employee engaged in an occupation in which he or she
customarily and regularly receives more than $30.00 a month in tips. Tips include amounts
designated as a "tip" by credit card customers on their charge slips. Nothing herein contained
shall prevent an employer covered hereby from requiring employees to share or allocate such
tips or gratuities on a pre-established basis among other employees of said business who
customarily and regularly receive tips. Employer-required sharing of tips with employees who
do not customarily and regularly receive tips, such as management or food preparers, or
deduction of credit card processing fees from tipped employees, shall nullify allowable tip
credits towards the minimum wage authorized in section 3(c). Wages or Compensation: all
amounts due employees for labor or service; whether the amount is fixed or ascertained by the
standard of time, task, piece, commission basis, or other method of calculating the same, or
whether the labor or service is performed under contract, subcontract, partnership,
subpartnership, station plan, or other agreement, provided that the labor or service is performed
personally by the person demanding payment. Workday: any consecutive twenty-four (24) hour
period starting with the same hour each day and the same hour as the beginning of the
workweek. The workday is set by the employer and may accommodate flexible work shift
scheduling. Work Shift: the hours an employee is normally scheduled to work within a work
day Workweek: any consecutive seven (7) day period starting with the same calendar day and
hour each week. A workweek is a fixed and recurring period of 168 hours, seven (7) consecutive
twenty-four (24) hour periods. 3. Minimum Wage and Allowable Credits: Minimum Wage:
all adult employees and emancipated minors, employed in any of the industries covered herein,
whether employed on an hourly, piecework, commission, time, task, or other basis, shall be paid
not less than $6.85 per hour effective April 1, 2007, less any applicable lawful credits for all
hours worked. Allowable Credits: the only allowable credits that may be taken by an employer
toward the minimum wage are as follows: a) Lodging: the reasonable cost or fair market value
for lodging (not to exceed $25.00 per week) furnished by the employer and used by the
employee may be considered part of the minimum wage when furnished. b) Meals: the
reasonable cost or fair market value of meals provided to the employee may be used as part of
the minimum hourly wage. No profits to the employer may be included in the reasonable cost or
fair market value of such meals furnished. The meal must be consumed before deductions are
permitted. c) Tips: employers of "tipped employees" must pay a cash wage of at least $3.83 per
hour if they claim a tip credit against their minimum hourly wage obligation. If an employee's
tips combined with the employer's cash wage of at least $3.83 per hour do not equal the
minimum hourly wage, the employer must make up the difference in cash wages. Exception:
employees whose physical disability has been certified by the director to significantly impair
such disabled employee's ability to perform the duties involved in the employment, and
unemancipated minors under 18 years of age, may be paid 15% below the current minimum
wage less any applicable lawful credits, for all hours worked. 4. Overtime Hours: Overtime
Rate: employees shall be paid time and one-half of the regular rate of pay for any work in
excess of: (1) forty (40) hours per workweek; (2) twelve (12) hours per workday, or (3) twelve
(12) consecutive hours without regard to the starting and ending time of the workday (excluding
duty free meal periods), whichever calculation results in the greater payment of wages. Hours
worked in two or more workweeks shall not be averaged for computation of overtime.
Performance of work in two or more positions at different pay rates for the same employer shall
be computed at the overtime rate based on the regular rate of pay for the position in which the
overtime occurs, or at a weighted average of the rates for each position, as provided in the Fair
Labor Standards Act. Note: the requirement to pay overtime for work in excess of twelve (12)
consecutive hours will not alter the employee's established workday or workweek, as previously
defined. Exception: in the event of a bonafide emergency situation, an employer may require
minors, subject to the Colorado youth employment opportunity act, to work in excess of eight (8)
hours in a twenty-four (24) hour period or in excess of forty (40) hours per week. Said minors
shall be compensated at time and one-half the regular rate of pay for all hours worked in excess
of eight (8) hours in any twenty-four (24) hour period, or for all work in excess of forty (40)
hours per week, whichever calculation results in the greater payment of wages. The employer
shall keep specific records to substantiate the existence of a bonafide emergency. Note: a person
under eighteen (18) years of age who has received a high school diploma or a passing grade on a
General Education Development (GED) examination, is not considered a minor. 5. Exemptions
from the Wage Order: The following employees or occupations, as defined below, are exempt
from all provisions of Minimum Wage Order No. 23: administrative, executive/supervisor,
professional, outside sales employees, and elected officials and members of their staff. Other
exemptions are: companions, casual babysitters, and domestic employees employed by
households or family members to perform duties in private residences, property managers,
interstate drivers, driver helpers, loaders or mechanics of motor carriers, taxi cab drivers, and
bona fide volunteers. Also exempt are: students employed by sororities, fraternities, college
clubs, or dormitories, and students employed in a work experience study program and
employees. working in laundries of charitable institutions which pay no wages to workers and
inmates, or patient workers who work in institutional laundries. Exemption Definitions: a)
Administrative Employee: a salaried individual who directly serves the executive, and
regularly performs duties important to the decision-making process of the executive. Said
employee regularly exercises independent judgment and discretion in matters of significance and
their primary duty is non-manual in nature and directly related to management policies or
general business operations. b) Executive or Supervisor: a salaried employee earning in excess
of the equivalent of the minimum wage for all hours worked in a workweek. Said employee must
supervise the work of at least two full-time employees and have the authority to hire and fire, or
to effectively recommend such action. The executive or supervisor must spend a minimum of
50% percent of the workweek in duties directly related to supervision. c) Professional: a salaried
individual employed in a field of endeavor who has knowledge of an advanced type in a field of
science or learning customarily acquired by a prolonged course of specialized intellectual
instruction and study. The professional employee must be employed in the field in which they
are trained to be considered a professional employee. Note: the requirement that a professional
employee must be paid on a salary basis does not apply to doctors, lawyers, teachers, and
employees in highly technical computer occupations earning at least $27.63 per hour. d) Outside
Salesperson: any person employed primarily away from the employer's place of business or
enterprise for the purpose of making sales or obtaining orders or contracts for any commodities,
articles, goods, real estate, wares, merchandise or services. Such outside sales employee must
spend a minimum of 80% of the workweek in activities directly related to their own outside
sales. 6. Exemptions from Overtime: The following employees are exempt from the overtime
provisions of Minimum Wage Order No. 23: a) Salespersons, parts-persons, and mechanics
employed by automobile, truck, or farm implement (retail) dealers; salespersons employed by
trailer, aircraft and boat (retail) dealers. b) Commission Sales Exemption: sales employees of
retail or service industries paid on a commission basis, provided that 50% of their total earnings
in a pay period are derived from commission sales, and their regular rate of pay is at least one
and one-half times the minimum wage. This exemption is only applicable for employees of retail
or service employers who receive in excess of 75% of their annual dollar volume from retail or
service sales. c) Ski Industry Exemption: employees of the ski industry performing duties
directly related to ski area operations for downhill skiing or snow boarding, and those employees
engaged in providing food and beverage services at on-mountain locations, are exempt from the
forty (40) hour overtime requirement of this wage order. The daily overtime requirement of one
and one-half the regular rate of pay for all hours worked in excess of twelve (12) in a workday
shall apply. This partial overtime exemption does not apply to ski area employees performing
duties related to lodging. d) Medical Transportation Exemption: employees of the medical
transportation industry who are scheduled to work twenty-four (24) hour shifts, are exempt from
the twelve (12) hour overtime requirement provided they receive overtime wages for hours
worked in excess of forty (40) hours per work week. Note: a hospital or nursing home may seek
an agreement with individual employees to pay overtime pursuant to the provisions of the
Federal Fair Labor Standards Act "8 and 80 rule", whereby employees are paid time and one-
half their regular rate of pay for any work performed in excess of eighty (80) hours in a fourteen
(14) consecutive day period and for any work in excess of eight (8) hours per day. 7. Meal
Periods: Employees shall be entitled to an uninterrupted and "duty free" meal period of at least a
thirty minute duration when the scheduled work shift exceeds five consecutive hours of work.
The employees must be completely relieved of all duties and permitted to pursue personal
activities to qualify as a non-work, uncompensated period of time. When the nature of the
business activity or other circumstances exist that makes an uninterrupted meal period
impractical, the employee shall be permitted to consume an "on-duty" meal while performing
duties. Employees shall be permitted to fully consume a meal of choice "on the job" and be fully
compensated for the "on-duty" meal period without any loss of time or compensation. 8. Rest
              Periods: Every employer shall authorize and permit rest periods, which, insofar as practicable,
              shall be in the middle of each four (4) hour work period. A compensated ten (10) minute rest
              period for each four (4) hours or major fractions thereof shall be permitted for all employees.
              Such rest periods shall not be deducted from the employee's wages. It is not necessary that the
              employee leave the premises for said rest period. 9. Legal Deductions: No employer shall make
              a deduction from the wages or compensation of an employee in violation of the Colorado Wage
              Act, § 8-4-105, C.R.S. (2006). 10. Presents, Tips, or Gratuities: It shall be unlawful to deny
              presents, tips, or gratuities intended for employees in violation of the Colorado Wage Act, § 8-4-
              103(6), C.R.S. (2006). 11. Wearing of Uniforms: Where the wearing of a particular uniform or
              special apparel is a condition of employment, the employer shall pay the cost of purchases,
              maintenance, and cleaning of the uniforms or special apparel. If the uniform furnished by the
              employer is plain and washable and does not need or require special care such as ironing, dry
              cleaning, pressing, etc., the employer need not maintain or pay for cleaning. An employer may
              require a reasonable deposit (up to one-half of actual cost) as security for the return of each
              uniform furnished to employees upon issuance of a receipt to the employee for such deposit. The
              entire deposit shall be returned to the employee when the uniform is returned. The cost of
              ordinary wear and tear of a uniform or special apparel shall not be deducted from the employee's
              wages or deposit. Exception: clothing accepted as ordinary street wear and the ordinary white or
              any light colored plain and washable uniform need not be furnished by the employer unless a
              special color, make, pattern, logo or material is required.
Connecticut   31-58 "Minimum fair wage" in any industry or occupation in this state means a wage of not less
              than six dollars and seventy cents per hour, and effective January 1, 2003, not less than six
              dollars and ninety cents per hour, and effective January 1, 2004, not less than seven dollars and
              ten cents per hour, and effective January 1, 2006, not less than seven dollars and forty cents per
              hour, and effective January 1, 2007, not less than seven dollars and sixty-five cents per hour, and
              effective January 1, 2009, not less than eight dollars per hour, or one-half of one per cent
              rounded to the nearest whole cent more than the highest federal minimum wage, whichever is
              greater, except as may otherwise be established in accordance with the provisions of this part.
              All wage orders in effect on October 1, 1971, wherein a lower minimum fair wage has been
              established, are amended to provide for the payment of the minimum fair wage herein
              established except as hereinafter provided. Whenever the highest federal minimum wage is
              increased, the minimum fair wage established under this part shall be increased to the amount of
              said federal minimum wage plus one-half of one per cent more than said federal rate, rounded to
              the nearest whole cent, effective on the same date as the increase in the highest federal minimum
              wage, and shall apply to all wage orders and administrative regulations then in force. The rates
              for learners, beginners, and persons under the age of eighteen years shall be not less than eighty-
              five per cent of the minimum fair wage for the first two hundred hours of such employment and
              equal to the minimum fair wage thereafter, except institutional training programs specifically
              exempted by the commissioner.

              31-58a. Notwithstanding the provisions of subsection (j) of section 31-58, minors between the
              ages of sixteen and eighteen years who are employees of the state or any political subdivision
              thereof shall be paid a minimum wage of not less than eighty-five per cent of the minimum fair
              wage as defined in said subsection, and notwithstanding the provisions of said subsection,
              minors between the ages of fourteen and eighteen who are agricultural employees shall be paid a
              minimum wage of not less than eighty- five per cent of the minimum fair wage as defined in said
              section except agricultural employees between the ages of fourteen and eighteen who are
              employed by employers who did not, during the preceding calendar year, employ eight or more
              workers at the same time shall be paid a minimum wage of not less than seventy per cent of the
              minimum wage as defined in said section 31-58.

              31-60. Notwithstanding the provisions of this subsection, for the period commencing January 1,
              2005, such regulations shall recognize, as part of the minimum fair wage, gratuities in an amount
              equal to (1) twenty-nine and three-tenths per cent of the minimum fair wage per hour for persons
              employed in the hotel and restaurant industry, including a hotel restaurant, who customarily and
              regularly receive gratuities, and (2) eight and two- tenths per cent of the minimum fair wage per
              hour for persons employed as bartenders who customarily and regularly receive gratuities. The
              commissioner may provide, in such regulations, modifications of the minimum fair wage herein
              established for learners and apprentices; persons under the age of eighteen years; and for such
              special cases or classes of cases as the commissioner finds appropriate to prevent curtailment of
              employment opportunities, avoid undue hardship and safeguard the minimum fair wage herein
              established.

              31-67. The commissioner may cause to be issued, to any person whose earning capacity is
              impaired by age or physical or mental deficiency or injury, a special license authorizing
              employment at such wages less than the minimum fair wage and for such period of time as is
           fixed by the commissioner and stated in the license.

           31-53 (f) Each employer subject to the provisions of this section or section 31-54 shall (1) keep,
           maintain and preserve such records relating to the wages and hours worked by each person
           performing the work of any mechanic, laborer and worker and a schedule of the occupation or
           work classification at which each person performing the work of any mechanic, laborer or
           worker on the project is employed during each work day and week in such manner and form as
           the Labor Commissioner establishes to assure the proper payments due to such persons or
           employee welfare funds under this section or section 31-54, regardless of any contractual
           relationship alleged to exist between the contractor and such person, and (2) submit monthly to
           the contracting agency by mail, first class postage prepaid, a certified payroll that shall consist of
           a complete copy of such records accompanied by a statement signed by the employer that
           indicates (A) such records are correct; (B) the rate of wages paid to each person performing the
           work of any mechanic, laborer or worker and the amount of payment or contributions paid or
           payable on behalf of each such person to any employee welfare fund, as defined in subsection
           (h) of this section, are not less than the prevailing rate of wages and the amount of payment or
           contributions paid or payable on behalf of each such person to any employee welfare fund, as
           determined by the Labor Commissioner pursuant to subsection (d) of this section, and not less
           than those required by the contract to be paid; (C) the employer has complied with the provisions
           of this section and section 31-54; (D) each such person is covered by a workers' compensation
           insurance policy for the duration of such person's employment, which shall be demonstrated by
           submitting to the contracting agency the name of the workers' compensation insurance carrier
           covering each such person, the effective and expiration dates of each policy and each policy
           number; (E) the employer does not receive kickbacks, as defined in 41 USC 52, from any
           employee or employee welfare fund; and (F) pursuant to the provisions of section 53a-157a, the
           employer is aware that filing a certified payroll which the employer knows to be false is a class
           D felony for which the employer may be fined up to five thousand dollars, imprisoned for up to
           five years, or both. This subsection shall not be construed to prohibit a general contractor from
           relying on the certification of a lower tier subcontractor, provided the general contractor shall not
           be exempted from the provisions of section 53a-157a if the general contractor knowingly relies
           upon a subcontractor's false certification. Notwithstanding the provisions of section 1-210, the
           certified payroll shall be considered a public record and every person shall have the right to
           inspect and copy such records in accordance with the provisions of section 1-212. The provisions
           of subsections (a) and (b) of section 31-59 and sections 31-66 and 31-69 that are not inconsistent
           with the provisions of this section or section 31-54 apply to this section. Failing to file a certified
           payroll pursuant to subdivision (2) of this subsection is a class D felony for which the employer
           may be fined up to five thousand dollars, imprisoned for up to five years, or both.

           31-57f. On and after July 1, 2000, the wages paid on an hourly basis to any employee of a
           required employer in the provision of food, building, property or equipment services provided to
           the state pursuant to a contract or agreement with the state or any state agent, shall be at a rate
           not less than the standard rate determined by the Labor Commissioner pursuant to subsection (g)
           of this section. (http://www.ctdol.state.ct.us/wgwkstnd/wgemenu.htm#prevailing%20wage)

           [Editors Note] The current living wage rate for Hartford for 2005-2006 is $10.23 per hour if
           benefits are provided and $14.97 per hour if benefits are not provided. The living wage rate for
           New Britain is $10.97 per hour.

           [Editor's Note] Effective July 1, 2006 the living wage rate for New Haven will increase to
           $11.50 per hour.

           [Editors Note] Effective July 1, 2006 the new living wage rate for Hartford is $10.58 per hour if
           benefits are provided and $15.39 per hour if no benefits are provided.
Delaware   902. (a) Every employer shall pay wages of a rate of not less than $6.15 per hour through
           December 31, 2006, and $6.65 per hour effective January 1, 2007, $7.15 per hour effective
           January 1, 2008, and $7.25 per hour effective July 24, 2009 to every employee in any
           occupation, except as may be otherwise provided under this chapter. Upon the establishment of a
           federal minimum wage in excess of the State minimum wage, the minimum wage in this State
           shall be equal in amount to the federal minimum wage, except as may otherwise be provided
           under this chapter. (b) Gratuities received by employees engaged in occupations in which
           gratuities customarily constitute part of the remuneration may be considered wages for purposes
           of this chapter in an amount equal to the tip credit percentage, as set by the federal government
           as of June 15, 2006, of the minimum rate as set forth in subsection (a) of this section. In no event
           shall the minimum rate, under this subsection, be less than $2.23 per hour. (c) For purposes of
           this section: (1) An employee engaged in an occupation in which gratuities customarily
           constitute part of the remuneration shall be any worker engaged in an occupation in which
              workers customarily and regularly receive more than $30 per month in tips or gratuities. (2)
              "Gratuities" means monetary contributions received directly or indirectly by an employee from a
              guest, patron or customer for services rendered where the customer is entirely free to determine
              whether to make any payment at all and, if so, the amount. (3) A "primary direct service
              employee" is one who in a given situation performs the main direct service for a customer and is
              to be considered the recipient of the gratuity. (4) A "service charge" is an obligatory sum of
              money included in the statement of charges. Clear and conspicuous notice must be made on
              either the menu, placard, the front of the statement of charges or other notice given to the
              customer indicating that all or part of the service charge is the property of the management. Such
              notice must be clearly printed, stamped or written in bold type. A service charge assessed to
              customers, patrons or guests without such notice is the property of the primary direct service
              employee(s). For the purposes of this section, type which is at least 18 point (one-fourth inch) on
              the placard, or 10 point (one-eighth inch) or larger on all other notices shall be considered clear
              and conspicuous. (d)(1) Any gratuity received by an employee, indicated on any receipt as a
              gratuity, or deposited in or about a place of business for direct services rendered by an employee
              is the sole property of the primary direct service employee and may not be taken or retained by
              the employer except as required by state or federal law. (2) Employees may establish a system
              for the sharing or pooling of gratuities among direct service employees, provided that the
              employer shall not in any fashion require or coerce employees to agree upon such a system.
              Where more than 1 direct service employee provides personal service to the same customer from
              whom gratuities are received, the employer may require that such employees establish a tip
              pooling or sharing system not to exceed 15% of the primary direct service employee's gratuities.
              The employer shall not, under any circumstances, receive any portion of the gratuities received
              by the employees. (3) The Department may require the employer to pay restitution if the
              employer diverts any gratuities of its employees in the amount of the gratuities diverted. If the
              records maintained by the employer do not provide sufficient information to determine the exact
              amount of gratuities diverted, the Department may make a determination of gratuities diverted
              based on available evidence.
District of   32-1003. (a)(1) As of January 1, 2005, the minimum wage required to be paid to any employee
Columbia      by any employer in the District of Columbia shall be $6.60 an hour, or the minimum wage set by
              the United States government pursuant to the Fair Labor Standards Act (29 U.S.C. § 206 et seq.),
              plus $1, whichever is greater. (2) As of January 1, 2006, the minimum wage required to be paid
              to any employee by any employer in the District of Columbia shall be $7 an hour, or the
              minimum wage set by the United States government pursuant to the Fair Labor Standards Act,
              plus $1, whichever is greater. All handicapped workers shall be paid at a rate not less than the
              minimum wage, except in those instances where a certificate has been issued by the United
              States Department of Labor that authorizes the payment of less to handicapped workers under §
              214(c) of the Fair Labor Standards Act. (e) No employer shall be deemed to have violated
              subsection (c) of this section if the employee works for a retail or service establishment and: (1)
              The regular rate of pay of the employee is in excess of 1 1/2 times the minimum hourly rate
              applicable to the employee under this subchapter; and (2) More than 1/2 of the employee's
              compensation for a representative period (not less than 1 month) represents commissions on
              goods or services. (f) As of January 1, 2005, the minimum wage required to be paid by any
              employer in the District of Columbia to any employee who receives gratuities shall be $2.77 an
              hour, provided that the employee actually receives gratuities in an amount at least equal to the
              difference between the hourly wage paid and the minimum wage as set by subsection (a) of this
              section. (g) Subsection (f) of this section shall not apply to an employee who receives gratuities
              unless: (1) The employee has been informed by the employer of the provisions of subsection (f)
              of this section; and (2) All gratuities received by the employee have been retained by the
              employee, except that this provision shall not be construed to prohibit the pooling of gratuities
              among employees who customarily receive gratuities.

              The Living Wage Act of 2006 requires a contractor to: 1. pay its employees and subcontractors
              who perform services under the contract no less than the current living wage rate; 2. include in
              any subcontract for $15,000 or more a provision requiring the subcontractor to pay its employees
              who perform services under the contract no less than the current living wage rate; 3. provide a
              copy of the Living Wage Act Fact Sheet to each employee and subcontractor who performs
              services under the contract; 4. post the Living Wage Act Notice in a conspicuous place in its
              place of business. 5. include in any subcontract for $15,000 or more a provision requiring the
              subcontractor to post the Living Wage Act Notice in a conspicuous place in its place of business;
              6. maintain its payroll records under the contract in the regular course of business for a period of
              at least three (3) years from the payroll date; and 7. require its subcontractors with subcontracts
              for $15,000 or more under the contract to maintain its payroll records under the contract in the
              regular course of business for a period of at least three (3) years from the payroll date. Effective
              January 1, 2008 the current living wage rate is $12.10 per hour.
Florida       Article X, Section 24 (c) Employers shall pay Employees Wages no less than the Minimum
              Wage for all hours worked in Florida. Effective January 1, 2009 the Minimum Wage shall be
          established at an hourly rate of $7.21 per hour and effective July 24, 2009 at a rate of $7.25 per
          hour. On September 30th of that year and on each following September 30th, the state Agency
          for Workforce Innovation shall calculate an adjusted Minimum Wage rate by increasing the
          current Minimum Wage rate by the rate of inflation during the twelve months prior to each
          September 1st using the consumer price index for urban wage earners and clerical workers, CPI-
          W, or a successor index as calculated by the United States Department of Labor. Each adjusted
          Minimum Wage rate calculated shall be published and take effect on the following January 1st.
          For tipped Employees meeting eligibility requirements for the tip credit under the FLSA,
          Employers may credit towards satisfaction of the Minimum Wage tips up to the amount $4.19
          per hour.

          255.071 (1) Any person, firm, or corporation who receives a payment from the state or any
          county, city, or political subdivision of the state, or other public authority, for the construction of
          a public building, for the prosecution and completion of a public work, or for repairs upon a
          public building or public work shall pay, in accordance with the contract terms, the undisputed
          contract obligations for labor, services, or materials provided on account of such improvements.
          (http://www.floridajobs.org/alc/ans12.htm)
Georgia   34-4-3. (a) Except as otherwise provided in this Code section, every employer, whether a person,
          firm, or corporation, shall pay to all covered employees a minimum wage which shall be not less
          than $5.15 per hour for each hour worked in the employment of such employer.

          [Note: Employers subject to federal law must pay employees the federal minimum wage rate of
          $7.25 per hour effective July 24, 2009)

          34-4-4. (a) The Commissioner of Labor is authorized to grant exemptions to certain categories of
          organizations and businesses for the purpose of exempting them from the operation of this
          chapter. The exemptions so granted shall be based upon considerations of the value of allowing
          certain classes of persons to be employed at rates below the minimum rate because of overriding
          considerations of public policy to allow employment of certain persons with disabilities and
          others who cannot otherwise compete effectively in the labor market.
Hawaii    387-2 387-2 Except as provided in section 387-9 and this section, every employer shall pay to
          each employee employed by the employer, wages at the rate of not less than: (1) $6.25 per hour
          beginning January 1, 2003; (2) $6.75 per hour beginning January 1, 2006; and (3) $7.25 per hour
          beginning January 1, 2007. The hourly wage of a tipped employee may be deemed to be
          increased on account of tips if the employee is paid not less than 25 cents below the applicable
          minimum wage by the employee's employer and the combined amount the employee receives
          from the employee's employer and in tips is at least 50 cents more than the applicable minimum
          wage.

          387-9 Special minimum wages for learners; apprentices; full-time students; paroled wards of
          Hawaii youth correctional facility; handicapped workers. (a) Notwithstanding the provisions of
          section 387-2, the director may by rules provide for the employment: (1) Of learners, of
          apprentices, of part-time employees who are full-time students attending public or private
          schools other than colleges, universities, business schools, or technical schools, and of wards
          paroled from the Hawaii youth correctional facility, under special certificates issued by the
          director, at such wages lower than the applicable minimum wage and subject to such limitations
          as to time, number, proportion, and length of service as the director shall prescribe; [and]
          provided that the wages of meal ticket and adult supervisors of the department of education shall
          be subject to section 387-2; and (2) Of individuals whose earning capacity is impaired by old age
          or physical or mental deficiency or injury, under special certificates issued by the director, at
          such wages lower than the applicable minimum wage and for such period as shall be fixed in the
          certificates. (b) (1) After June 30, 1974, and until June 30, 1976, notwithstanding the provisions
          of section 387-2 and of the foregoing subsection, an employer engaged in a seasonal pursuit may
          employ an employee: (A) To whom the minimum wage rate required by section 387-2 would
          apply in such employment but for this subsection, and (B) Who is a full-time student who
          attended a public or private school, other than a college, university, business school or technical
          school, for at least six months during the preceding twelve-month period, at a special minimum
          wage rate not less than eighty-five per centum of a minimum wage applicable under section 387-
          2. (2) The director may, by regulation, prescribe standards and requirements to ensure that this
          subsection will not create a substantial probability of reducing the full-time employment
          opportunities of persons other than those to whom the special minimum wage rate authorized by
          this subsection is applicable.

          104-2 Contracts in excess of$2,000 must state the minimum wages to be paid to laborers. This
          provision does not apply to experimental and demonstration housing projects costing less than
          $500,000, when the bidder or developer is a nonprofit corporation.
Idaho      44-1502. (1) Except as hereinafter otherwise provided, no employer shall pay to any of his
           employees any wages computed at a rate of less than seven dollars and twenty-five cents ($7.25)
           commencing July 24, 2009. The amount of the minimum wage shall conform to, and track with,
           the federal minimum wage. (2) In determining the wage of a tipped employee, the amount of
           direct wages paid by an employer to the employee shall be deemed to be increased on account of
           tips actually received by the employee; provided however, the direct wages paid to the employee
           by the employer shall not be in an amount less than three dollars and thirty-five cents ($3.35) an
           hour. If the tips actually received by the employee combined with the direct wages paid by the
           employer do not at least equal the minimum wage, the employer must make up the difference. In
           the event a dispute arises between the employee and the employer with respect to the amount of
           tips actually received by the employee, it shall be the employer's burden to demonstrate the
           amount of tips actually received by the employee. Any portion of tips paid to an employee,
           which is shared with other employees under a tip pooling or similar arrangement, shall not be
           deemed, for the purpose of this section, to be tips actually received by the employee. (3) In lieu
           of the rate prescribed by subsection (1) of this section, an employer may pay an employee who
           has not attained twenty (20) years of age a wage which is not less than four dollars and twenty-
           five cents ($4.25) an hour during the first ninety (90) consecutive calendar days after such
           employee is initially employed. No employer may take any action to displace employees
           (including partial displacements such as reduction in hours, wages or employment benefits) for
           purposes of hiring individuals at the wage authorized in this subsection.

           44-1504. The provisions of this act shall not apply to:(1) Any employee employed in a bona fide
           executive, administrative or professional capacity; or(2) Anyone engaged in domestic service;
           or(3) Any individual employed as an outside salesman; or(4) Seasonal employees of a nonprofit
           camping program; or(5) Any child under the age of sixteen (16) years working part time or at
           odd jobs not exceeding a total of four (4) hours per day with any one (1) employer; or (6) Any
           individual employed in agriculture if:(a) Such employee is the parent, spouse, child or other
           member of his employer's immediate family; or(b) Such employee is older than sixteen (16)
           years of age and:(i) Is employed as a harvest laborer and is paid on a piece-rate basis in an
           operation which has been, and is customarily and generally recognized as having been, paid on a
           piece-rate basis in the region of employment, and(ii) Commutes daily from his permanent
           residence to the farm on which he is so employed, and(iii) Has been employed in agriculture less
           than thirteen (13) weeks during the preceding calendar year; orc) Such employee is sixteen (16)
           years of age or under and (i) Is employed as a harvest laborer, is paid on a piece-rate basis in an
           operation which has been, and is customarily and generally recognized as having been, paid on a
           piece-rate basis in the region of employment, and(ii) Is employed on the same farm as his parent
           or person standing in the place of his parent, and(iii) Is paid at the same piece-rate basis as
           employees over the age of sixteen (16) years are paid on the same farm; or(d) Such employee is
           principally engaged in the range production of livestock.

           44-1505. The payment of the minimum wage under this act shall not apply to a worker with
           disabilities, if the employer is issued a special certificate, as provided now or hereafter under the
           federal fair labor standards act.

           44-1506. For any employment in which the minimum wage is applicable, the director of the
           department of labor may issue to an apprentice or learner a special license authorizing the
           employment of such apprentice or learner for the time and under the conditions which he
           determines and at a wage less than the minimum wage established by this act. Apprentice or
           learner shall include a student or students enrolled in a bona fide secondary school program
           administered by an accredited school district which includes work training experience. The
           director may hold such hearings and conduct such investigations as he shall deem necessary
           before fixing a special wage for such apprentice or learner.
Illinois   820 ILCS 105 Sec. 4. (a)(1) Every employer shall pay to each of his employees in every
           occupation wages of not less than $2.30 per hour or in the case of employees under 18 years of
           age wages of not less than $1.95 per hour, except as provided in Sections 5 and 6 of this Act, and
           on and after January 1, 1984, every employer shall pay to each of his employees in every
           occupation wages of not less than $2.65 per hour or in the case of employees under 18 years of
           age wages of not less than $2.25 per hour, and on and after October 1, 1984 every employer shall
           pay to each of his employees in every occupation wages of not less than $3.00 per hour or in the
           case of employees under 18 years of age wages of not less than $2.55 per hour, and on or
           after July 1, 1985 every employer shall pay to each of his employees in every occupation wages
           of not less than $3.35 per hour or in the case of employees under 18 years of age wages of
           not less than $2.85 per hour, and from January 1, 2004 through December 31, 2004 every
           employer shall pay to each of his or her employees who is 18 years of age or older in every
           occupation wages of not less than $5.50 per hour, and from January 1, 2005 through June 30,
           2007 every employer shall pay to each of his or her employees who is 18 years of age or older in
           every occupation wages of not less than $6.50 per hour, and from July 1, 2007 through June 30,
2008 every employer shall pay to each of his or her employees who is 18
years of age or older in every occupation wages of not less than $7.50 per hour, and from July 1,
2008 through June 30, 2009 every employer shall pay to each of his or her employees
who is 18 years of age or older in every occupation wages of not less than $7.75 per hour, and
from July 1, 2009 through June 30, 2010 every employer shall pay to each of his or her
employees who is 18 years of age or older in every occupation wages of not less than $8.00 per
hour, and on and after July 1, 2010 every employer shall pay to each of his or her employees
who is 18 years of age or older in every occupation wages of not less than $8.25 per hour.
(2) Unless an employee's wages are reduced under Section 6, then in lieu of the rate prescribed
in item (1) of this subsection (a), an employer may pay an employee who is 18 years of age or
older, during the first 90 consecutive calendar days after the employee is initially employed by
the employer, a wage that is not more than 50¢ less than the wage prescribed in item (1) of this
subsection (a). (3) At no time shall the wages paid to any employee under 18 years of age be
more than 50¢ less than the wage required to be paid to employees who are at least 18 years of
age under item (1) of this subsection (a). (b) No employer shall discriminate between employees
on the basis of sex or mental or physical handicap, except as otherwise provided in this Act by
paying wages to employees at a rate less than the rate at which he pays wages to employees for
the same or substantially similar work on jobs the performance of which requires equal skill,
effort, and responsibility, and which are performed under similar working
conditions, except where such payment is made pursuant to (1) a seniority system; (2) a merit
system; (3) a system which measures earnings by quantity or quality of production; or (4)
a differential based on any other factor other than sex or mental or physical handicap, except as
otherwise provided in this Act. (c) Every employer of an employee engaged in an occupation
in which gratuities have customarily and usually constituted and have been recognized as part of
the remuneration for hire purposes is entitled to an allowance for gratuities as part of the hourly
wage rate provided in Section 4, subsection (a) in an amount not to exceed 40% of the applicable
minimum wage rate. The Director shall require each employer desiring an allowance for
gratuities to provide substantial evidence that the amount claimed, which may not exceed 40% of
the applicable minimum wage rate, was received by the employee in the period for which the
claim of exemption is made, and no part thereof was returned to the employer. (d) No camp
counselor who resides on the premises of a seasonal camp of an organized not-for-profit
corporation shall be subject to the adult minimum wage if the camp counselor (1) works 40 or
more hours per week, and (2) receives a total weekly salary of not less than the adult minimum
wage for a 40-hour week. If the counselor works less than 40 hours per week, the counselor shall
be paid the minimum hourly wage for each hour worked. Every employer of a camp counselor
under this subsection is entitled to an allowance for meals and lodging as part of the hourly wage
rate provided in Section 4, subsection (a), in an amount not to exceed 25% of the minimum wage
rate. (e) A camp counselor employed at a day camp of an organized not-for-profit corporation is
not subject to the adult minimum wage if the camp counselor is paid a stipend on a onetime or
periodic basis and, if the camp counselor is a minor, the minor's parent, guardian or other
custodian has consented in writing to the terms of payment before the commencement of such
employment.

210.500 a) No employer subject to the provisions of the Act may employ an individual with a
disability at less than the minimum wage rate pursuant to Section 4 of the Act without first
obtaining a license from the Director. b) An official application form for a license to employ an
individual with a disability at a wage less than the minimum wage rate shall be provided by the
Director.

210.200 a) The reasonable cost of meals and lodging furnished by the employer and actually
used by the employee may be considered as part of the wage paid an employee only where
customarily furnished to the employee. The employee must receive the meals and/or lodgings for
which he or she is charged, and it is also essential that his/her acceptance thereof be voluntary
and uncoerced. It is not sufficient that the meals and/or lodgings be furnished by an employer to
justify the charge. It is necessary that the meals and/or lodgings are furnished regularly by the
employer to his employees in the same or similar trade, business or enterprise in the same or
similar communities. b) The employer may charge the employee the reasonable cost to the
employer of furnishing meals and/or lodgings which cost does not include profit to the employer
and/or any affiliated person.

210.600 a) No employer subject to the provisions of the Act shall employ a learner at less than
the minimum wage pursuant to Section 4 of the Act without first obtaining a license from the
Director. An employer may at no time pay a learner less than the minimum rate provided by
Section 6 of the Act. b) No person shall be deemed a learner at an establishment in an occupation
for which he has completed the required training. A learner, having completed his/her required
training, must thereupon be paid at wages not less than the minimum wage required by Section 4
of the Act. c) The period of learning may not exceed six months, except where the Director
          determines, following investigation, that the occupation for which the learner is to be trained
          requires in excess of six months of such training to attain a level of minimum proficiency. A
          special request must be made by any employer seeking to extend the training period, upon forms
          provided by the Department. d)The employer has the burden of establishing that, for the
          occupation for which the learner is to be trained, there is a bona fide training program for the
          occupation, and the length of the training period is reasonable in light of the skills required to
          attain a level of minimum proficiency.

          210.640 A student learner may be paid at a sub-minimum wage rate in accordance with Section
          6 of the Act for the length of the course or for the time in which he or she receives course credit,
          whichever is shorter. b) The employer or school must apply for a license to employ a student
          learner at a sub-minimum wage rate on official forms furnished by the Director. A license may
          be issued for the purpose of employing more than one student learner in the same capacity.

          820 ILCS 130/1 It is the policy of the State of Illinois that a wage of no less than the general
          prevailing hourly rate as paid for work of a similar character in the locality in which the work is
          performed, shall be paid to all laborers, workers and mechanics employed by or on behalf of any
          and all public bodies engaged in public works.
          (http://www.state.il.us/agency/idol/cm/countym.htm)
Indiana    22-2-2-8 (a) Every employer subject to the provisions of this chapter or to any rule or order
          issued under this chapter shall each pay period furnish to each employee a statement that
          includes at least the following . (3) A listing of the deductions made. (b) An employer shall
          furnish to the commissioner upon demand a sworn statement of the information furnished to an
          employee under subsection (a). Records relating to the information furnished shall be open to
          inspection by the commissioner, the commissioner's deputy, or any authorized agent of the
          department at any reasonable time. (c) Every employer subject to the provisions of this chapter
          or to any rule or order issued under this chapter shall post in a conspicuous place in the area
          where employees are employed a single page poster providing employees notice of the following
          information: (1) The current Indiana minimum wage. (2) An employee's basic rights under
          Indiana's minimum wage law. (3) Contact information to inform an employee how to obtain
          additional information from or to direct questions or complaints to the Indiana department of
          labor. (d) The commissioner shall furnish copies of this chapter and the rules and orders to
          employers without charge upon request.

          22-8-1.1-35.1 (a) The board in the discharge of its functions may inspect the premises involved
          in the dispute. (b) The board shall select an administrative law judge under IC 4-21.5-3-9.
          However, if the board selects any individual who is not a member of the board, that individual
          must be an attorney. Any attorney so appointed shall receive reasonable compensation as
          determined by the commissioner.

          22-2-2-4 (a) Every employer employing four (4) or more employees during a work week shall:
          (1) in any work week beginning on or after July 1, 1968, in which the employer is subject to the
          provisions of this chapter, pay each of the employer' employees wages of not less than one dollar
          and twenty-five cents ($1.25) per hour; (2) in any work week beginning on or after July 1, 1977,
          in which the employer is subject to this chapter, pay each of the employer's employees wages of
          not less than one dollar and fifty cents ($1.50) per hour; (3) in any work week beginning on or
          after January 1, 1978, in which the employer is subject to this chapter, pay each of the
          employer's employees wages of not less than one dollar and seventy-five cents ($1.75) per hour;
          and (4) in any work week beginning on or after January 1, 1979, in which the employer is
          subject to this chapter, pay each of the employer's employees wages of not less than two dollars
          ($2) per hour. (b) Except as provided in subsection (c), every employer employing at least two
          (2) employees during a work week shall, in any work week in which the employer is subject to
          this chapter, pay each of the employees in any work week beginning on and after July 1, 1990,
          and before October 1, 1998, wages of not less than three dollars and thirty-five cents ($3.35) per
          hour. (c) An employer subject to subsection (b) is permitted to apply a "tip credit" in determining
          the amount of cash wage paid to tipped employees. In determining the wage an employer is
          required to pay a tipped employee, the amount paid the employee by the employee's employer
          shall be an amount equal to: (1) the cash wage paid the employee, which for purposes of the
          determination shall be not less than the cash wage required to be paid to employees covered
          under the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 203(m)(1)) on
          August 20, 1996, which amount is two dollars and thirteen cents ($2.13) an hour; and (2) an
          additional amount on account of the tips received by the employee, which amount is equal to the
          difference between the wage specified in subdivision (1) and the wage in effect under
          subsections (b), (f), (g), and (h). An employer is responsible for supporting the amount of tip
          credit taken through reported tips by the employees. (d) No employer having employees subject
          to any provisions of this section shall discriminate, within any establishment in which employees
          are employed, between employees on the basis of sex by paying to employees in such
establishment a rate less than the rate at which the employer pays wages to employees of the
opposite sex in such establishment for equal work on jobs the performance of which requires
equal skill, effort, and responsibility, and which are performed under similar working conditions,
except where such payment is made pursuant to: (1) a seniority system; (2) a merit system; (3) a
system which measures earnings by quantity or quality of production; or (4) a differential based
on any other factor other than sex. (e) An employer who is paying a wage rate differential in
violation of subsection (d) shall not, in order to comply with subsection (d), reduce the wage rate
of any employee, and no labor organization, or its agents, representing employees of an
employer having employees subject to subsection (d) shall cause or attempt to cause such an
employer to discriminate against an employee in violation of subsection (d). (f) Except as
provided in subsection (c), every employer employing at least two (2) employees during a work
week shall, in any work week in which the employer is subject to this chapter, pay each of the
employees in any work week beginning on or after October 1, 1998, and before March 1, 1999,
wages of not less than four dollars and twenty-five cents ($4.25) per hour. (g) Except as
provided in subsections (c) and (j), every employer employing at least two (2) employees during
a work week shall, in any work week in which the employer is subject to this chapter, pay each
of the employees in any work week beginning on or after March 1, 1999, and before July 1,
2007, wages of not less than five dollars and fifteen cents ($5.15) an hour. (h) Except as
provided in subsections (c) and (j), every employer employing at least two (2) employees during
a work week shall, in any work week in which the employer is subject to this chapter, pay each
of the employees in any work week beginning on or after June 30, 2007, wages of not less than
the minimum wage payable under the federal Fair Labor Standards Act of 1938, as amended (29
U.S.C. 201 et seq.). (i) This section does not apply if an employee: (1) provides companionship
services to the aged and infirm (as defined in 29 CFR 552.6); and (2) is employed by an
employer or agency other than the family or household using the companionship services, as
provided in 29 CFR 552.109 (a). (j) This subsection applies only to an employee who has not
attained the age of twenty (20) years. Instead of the rates prescribed by subsections (c), (f), (g),
and (h), an employer may pay an employee of the employer, during the first ninety (90)
consecutive calendar days after the employee is initially employed by the employer, a wage
which is not less than: (1) four dollars and twenty-five cents ($4.25) per hour, effective March 1,
1999; and (2) the amount payable under the federal Fair Labor Standards Act of 1938, as
amended (29 U.S.C. 201 et seq.), during the first ninety (90) consecutive calendar days after
initial employment to an employee who has not attained twenty (20) years of age, effective July
1, 2007. However, no employer may take any action to displace employees (including partial
displacements such as reduction in hours, wages, or employment benefits) for purposes of hiring
individuals at the wage authorized in this subsection. (k) Except as otherwise provided in this
section, no employer shall employ any employee for a work week longer than forty (40) hours
unless the employee receives compensation for employment in excess of the hours above
specified at a rate not less than one and one-half (1.5) times the regular rate at which the
employee is employed. (l) For purposes of this section the following apply: (1) "Overtime
compensation" means the compensation required by subsection (k). (2) "Compensatory time"
and "compensatory time off" mean hours during which an employee is not working, which are
not counted as hours worked during the applicable work week or other work period for purposes
of overtime compensation, and for which the employee is compensated at the employee's regular
rate. (3) "Regular rate" means the rate at which an employee is employed is considered to
include all remuneration for employment paid to, or on behalf of, the employee, but is not
considered to include the following: (A) Sums paid as gifts, payments in the nature of gifts made
at Christmas time or on other special occasions, as a reward for service, the amounts of which
are not measured by or dependent on hours worked, production, or efficiency. (B) Payments
made for occasional periods when no work is performed due to vacation, holiday, illness, failure
of the employer to provide sufficient work, or other similar cause, reasonable payments for
traveling expenses, or other expenses, incurred by an employee in the furtherance of the
employer's interests and properly reimbursable by the employer, and other similar payments to
an employee which are not made as compensation for the employee's hours of employment. (C)
Sums paid in recognition of services performed during a given period if: (i) both the fact that
payment is to be made and the amount of the payment are determined at the sole discretion of
the employer at or near the end of the period and not pursuant to any prior contract, agreement,
or promise causing the employee to expect the payments regularly; (ii) the payments are made
pursuant to a bona fide profit sharing plan or trust or bona fide thrift or savings plan, meeting the
requirements of the administrator set forth in appropriately issued regulations, having due regard
among other relevant factors, to the extent to which the amounts paid to the employee are
determined without regard to hours of work, production, or efficiency; or (iii) the payments are
talent fees paid to performers, including announcers, on radio and television programs. (D)
Contributions irrevocably made by an employer to a trustee or third person pursuant to a bona
fide plan for providing old age, retirement, life, accident, or health insurance or similar benefits
for employees. (E) Extra compensation provided by a premium rate paid for certain hours
worked by the employee in any day or work week because those hours are hours worked in
excess of eight (8) in a day or in excess of the maximum work week applicable to the employee
under subsection (k) or in excess of the employee's normal working hours or regular working
hours, as the case may be. (F) Extra compensation provided by a premium rate paid for work by
the employee on Saturdays, Sundays, holidays, or regular days of rest, or on the sixth or seventh
day of the work week, where the premium rate is not less than one and one-half (1.5) times the
rate established in good faith for like work performed in nonovertime hours on other days. (G)
Extra compensation provided by a premium rate paid to the employee, in pursuance of an
applicable employment contract or collective bargaining agreement, for work outside of the
hours established in good faith by the contract or agreement as the basic, normal, or regular
workday (not exceeding eight (8) hours) or work week (not exceeding the maximum work week
applicable to the employee under subsection (k)) where the premium rate is not less than one and
one-half (1.5) times the rate established in good faith by the contract or agreement for like work
performed during the workday or work week. (m) No employer shall be considered to have
violated subsection (k) by employing any employee for a work week in excess of that specified
in subsection (k) without paying the compensation for overtime employment prescribed therein
if the employee is so employed:(1) in pursuance of an agreement, made as a result of collective
bargaining by representatives of employees certified as bona fide by the National Labor
Relations Board, which provides that no employee shall be employed more than one thousand
forty (1,040) hours during any period of twenty-six (26) consecutive weeks; or (2) in pursuance
of an agreement, made as a result of collective bargaining by representatives of employees
certified as bona fide by the National Labor Relations Board, which provides that during a
specified period of fifty-two (52) consecutive weeks the employee shall be employed not more
than two thousand two hundred forty (2,240) hours and shall be guaranteed not less than one
thousand eight hundred forty (1,840) hours (or not less than forty-six (46) weeks at the normal
number of hours worked per week, but not less than thirty (30) hours per week) and not more
than two thousand eighty (2,080) hours of employment for which the employee shall receive
compensation for all hours guaranteed or worked at rates not less than those applicable under the
agreement to the work performed and for all hours in excess of the guaranty which are also in
excess of the maximum work week applicable to the employee under subsection (k) or two
thousand eighty (2,080) in that period at rates not less than one and one-half (1.5) times the
regular rate at which the employee is employed. (n) No employer shall be considered to have
violated subsection (k) by employing any employee for a work week in excess of the maximum
work week applicable to the employee under subsection (k) if the employee is employed
pursuant to a bona fide individual contract, or pursuant to an agreement made as a result of
collective bargaining by representatives of employees, if the duties of the employee necessitate
irregular hours of work, and the contract or agreement includes the following:(1) Specifies a
regular rate of pay of not less than the minimum hourly rate provided in subsections (c), (h), and
(j) (whichever is applicable) and compensation at not less than one and one-half (1.5) times that
rate for all hours worked in excess of the maximum work week. (2) Provides a weekly guaranty
of pay for not more than sixty (60) hours based on the rates so specified. (o) No employer shall
be considered to have violated subsection (k) by employing any employee for a work week in
excess of the maximum work week applicable to the employee under that subsection if, pursuant
to an agreement or understanding arrived at between the employer and the employee before
performance of the work, the amount paid to the employee for the number of hours worked by
the employee in the work week in excess of the maximum work week applicable to the
employee under that subsection: (1) in the case of an employee employed at piece rates, is
computed at piece rates not less than one and one-half (1.5) times the bona fide piece rates
applicable to the same work when performed during nonovertime hours; (2) in the case of an
employee performing two (2) or more kinds of work for which different hourly or piece rates
have been established, is computed at rates not less than one and one-half (1.5) times those bona
fide rates applicable to the same work when performed during nonovertime hours; or (3) is
computed at a rate not less than one and one-half (1.5) times the rate established by the
agreement or understanding as the basic rate to be used in computing overtime compensation
thereunder, provided that the rate so established shall be substantially equivalent to the average
hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a
representative period of time; and if the employee's average hourly earnings for the work week
exclusive of payments described in this section are not less than the minimum hourly rate
required by applicable law, and extra overtime compensation is properly computed and paid on
other forms of additional pay required to be included in computing the regular rate. (p) Extra
compensation paid as described in this section shall be creditable toward overtime compensation
payable pursuant to this section. (q) No employer shall be considered to have violated subsection
(k) by employing any employee of a retail or service establishment for a work week in excess of
the applicable work week specified therein, if: (1) the regular rate of pay of the employee is in
excess of one and one-half (1.5) times the minimum hourly rate applicable to the employee
under section 2 of this chapter; and (2) more than half of the employee's compensation for a
representative period (not less than one (1) month) represents commissions on goods or services.
In determining the proportion of compensation representing commissions, all earnings resulting
from the application of a bona fide commission rate shall be considered commissions on goods
or services without regard to whether the computed commissions exceed the draw or guarantee.
(r) No employer engaged in the operation of a hospital or an establishment which is an
institution primarily engaged in the care of the sick, the aged, or individuals with a mental illness
or defect who reside on the premises shall be considered to have violated subsection (k) if,
pursuant to an agreement or understanding arrived at between the employer and the employee
before performance of the work, a work period of fourteen (14) consecutive days is accepted in
lieu of the work week of seven (7) consecutive days for purposes of overtime computation and
if, for the employee's employment in excess of eight (8) hours in any workday and in excess of
eighty (80) hours in that fourteen (14) day period, the employee receives compensation at a rate
not less than one and one-half (1.5) times the regular rate at which the employee is employed. (s)
No employer shall employ any employee in domestic service in one (1) or more households for a
work week longer than forty (40) hours unless the employee receives compensation for that
employment in accordance with subsection (k). (t) In the case of an employee of an employer
engaged in the business of operating a street, a suburban or interurban electric railway, or a local
trolley or motorbus carrier (regardless of whether or not the railway or carrier is public or private
or operated for profit or not for profit), in determining the hours of employment of such an
employee to which the rate prescribed by subsection (k) applies, there shall be excluded the
hours the employee was employed in charter activities by the employer if both of the following
apply: (1) The employee's employment in the charter activities was pursuant to an agreement or
understanding with the employer arrived at before engaging in that employment. (2) If
employment in the charter activities is not part of the employee's regular employment. (u) Any
employer may employ any employee for a period or periods of not more than ten (10) hours in
the aggregate in any work week in excess of the maximum work week specified in subsection
(k) without paying the compensation for overtime employment prescribed in subsection (k), if
during that period or periods the employee is receiving remedial education that: (1) is provided
to employees who lack a high school diploma or educational attainment at the eighth grade level;
(2) is designed to provide reading and other basic skills at an eighth grade level or below; and (3)
does not include job specific training. (v) Subsection (k) does not apply to an employee of a
motion picture theater. (w) Subsection (k) does not apply to an employee of a seasonal
amusement or recreational establishment, an organized camp, or a religious or nonprofit
educational conference center that is exempt under the federal Fair Labor Standards Act of 1938,
as amended (29 U.S.C. 213).

5-16-7-1. (a) Any firm, individual, partnership, limited liability company, or corporation that is
awarded a contract by the state, a political subdivision, or a municipal corporation for the
construction of a public work, and any subcontractor of the construction, shall pay for each class
of work described in subsection (c)(1) on the project a scale of wages that may not be less than
the common construction wage. (http://www.in.gov/labor/wagehour/constructionwage.html)

22-2-14 1. (a) Except as provided in subsection (b), this chapter applies to all covered vendors.
(b) Covered vendors entering into the following types of service contracts and service
subcontracts are exempt from this chapter: (1) A construction contract awarded by the state that
is subject to the common construction wage (as defined in IC 5-16-7-4(1)). (2) A contract
awarded to work-study or cooperative educational programs, if the contract is for a stipend to a
student in the program. (3) A contract awarded by the department of correction, if contracted
employees are inmates of institutions. (4) A contract awarded by the department of education, if
contracted employees are paid a stipend for: (A) proctoring; (B) grading: (C) supervising; or (D)
recording; examinations. (5) Contracts awarded to vendors that provide: (A) services to the state;
and (B) a stipend or wage to trainees as part of a job training program, if the trainees do not
replace current state funded positions (c) The prospective covered vendor seeking an exemption
under subsection (b) must submit an affidavit to the department and to the contracting agency
that: (1) is on a form approved by the department and provided by the contracting agency; (2) is
signed by a principal officer of the prospective covered vendor; and (3) states that at least one (1)
of the exemptions in subsection (b) applies to the prospective covered vendor; in order for a
prospective covered vendor to be considered for the granting of an exemption by the department
from the requirements of this chapter. (d) The department may grant general exemptions if the
application of this chapter to a particular service contract or subcontract would violate a specific
state or federal statute, rule, regulation, or constitutional provision. All requests submitted by a
prospective covered vendor for a general exemption must include the following: (1) The service
contract or subcontract to which this chapter would otherwise apply. (2) The conflicting
statutory, regulatory, or constitutional provision that makes compliance with this chapter
unlawful, and a copy of each provision. (3) An explanation of: (A) why compliance with this
chapter would violate the cited provision; and (B) the consequences that would result if the
violation would occur. A general exemption request shall be submitted directly to the
department, and a copy of the request shall be submitted to the contracting agency. (e) A
contracting agency shall monitor and, when considered necessary, recommend to the department
individual or group exemptions in cases where compliance with this chapter would cause undue
economic hardship to a covered vendor or prospective covered vendor. An exemption under this
       subsection is subject to the department's approval after a public hearing in compliance with IC 5-
       14-1.5 on the exemption recommendation has been held. A hardship exemption recommendation
       must include the following: (1) The service contract or service subcontract to which this chapter
       applies. (2) The lower wage to be paid by the covered vendor. (3) A detailed explanation of how
       the payment of a living wage would cause undue economic hardship to the covered vendor. The
       explanation must include supporting financial statements. (f) The department shall determine
       whether an exemption from the requirements of this chapter shall be granted upon submission
       of: (1) an affidavit from a prospective vendor as set forth in subsection (c); (2) a general
       exemption request from a prospective vendor as set forth in subsection (d); or (3) a
       recommendation from the contracting department after a public hearing on the exemption
       recommendation has been held, in accordance with subsection (e); and shall inform the covered
       vendor or prospective covered vendor of the department's determination. Sec. 3. A contracting
       agency engaged in the awarding of contracts shall provide an explanation in writing, in a form
       prepared by the department, of the requirements of this chapter in all requests for bids for service
       contracts with the state. A person who signs a service contract with the state shall forward a copy
       of the requirements to a person submitting a bid for a subcontract on the service contract. Sec. 4.
       (a) A covered vendor shall pay not less than the living wage to covered employees. (b) The
       living wage shall be: (1) calculated on an hourly basis; and (2) after June 30, 2008, at least nine
       dollars and ninety-three cents ($9.93). Before July 1 of each year after 2008, the department
       shall recalculate the living wage according to subsection (c). (c) The department shall recalculate
       the living wage before July 1 of each year after 2008 to provide that the living wage equals the
       highest of the following: (1) The hourly rate that, at forty (40) hours of work a week for fifty-two
       (52) weeks a year, would equal the federal income poverty level for a family of four (4)
       individuals. (2) The living wage in effect before the recalculation under this subsection, adjusted
       in proportion to the increase, as of the immediately preceding December 31 over the year earlier
       level, of the annual average Consumer Price Index for All Urban Consumers, as published by the
       Bureau of Labor Statistics of the United States Department of Labor. (3) Adjustment to one
       hundred ten percent (110%) of the federal minimum wage in effect at the time of the
       recalculation under this subsection. Sec. 5. A covered vendor has the following duties: (1) With
       respect to maintenance of payroll records, a covered vendor shall maintain payrolls of each
       covered employee and related basic records for three (3) years. The basic records must include:
       (A) the name and address of each covered employee ; (B) each covered employee's job title and
       classification; (C) the number of hours worked each day by each covered employee; (D) each
       covered employee's: (i) gross wages; (ii) deductions made; and (iii) actual wages paid; (E) a
       record of fringe benefit payments, including: (i) contributions to approved plans, funds, or
       programs; (ii) additional cash payments; or (iii) both amounts under items (i) and (ii); and (F)
       any other data that may be required by the contracting agency from time to time.(2) With respect
       to examination of payrolls, a covered vendor shall permit a representative of the department
       to:(A) observe work being performed upon the work site; (B) interview employees, including
       those who are not covered employees; and (C) examine the books and records relating to the
       payrolls being investigated. (3) Before July 31 of each year, a covered vendor shall provide an
       annual report to the department of the employment activities of the covered vendor, including
       the job positions charged to the contract and the wage ranges of those positions. (4) A covered
       vendor shall inform its covered employees earning an amount as determined by the department
       of their rights in applying for and potentially receiving the federal earned income tax credit. The
       department shall assist covered vendors with implementation of this section. Sec. 6. A service
       contract or service subcontract between a contracting agency and the covered vendor must
       include the following: (1) The name of the program or project under which the contract or
       subcontract is being awarded. (2) The name, address, and phone number of a local contact
       representing the covered vendor. (3) A written commitment by a representative of the covered
       vendor to: (A) pay all covered employees not less than the living wage, subject to adjustment
       each July 1; and (B) comply with this chapter. (4) A workforce profile of covered employees
       paid for by the service contract or subcontract, including the employees' job titles with wage
       ranges. (5) For service contracts, a list of all service subcontracts either awarded or that will be
       awarded to vendors with funds from the service contract. A covered vendor awarded a service
       contract shall notify the contracting agency within three (3) working days after signing the
       service subcontract.

       [Editors Note] The current living wage rate for the City of Bloomington is $10.00 per hour, of
       which up to 15 percent may be in the form of health benefits.
Iowa   91D.1 1. a. The state hourly wage shall be at least $6.20 as of April 1, 2007, and $7.25 as of
       January 1, 2008. b. Every employer, as defined in the federal Fair Labor Standards Act of 1938,
       as amended to January 1, 2007, shall pay to each of the employer's employees, as defined in the
       federal Fair Labor Standards Act of 1938, as amended to January 1, 2007, the state hourly wage
       stated in paragraph "a", or the current federal minimum wage, pursuant to 29 U.S.C.} 206, as
       amended, whichever is greater. d. An employer is not required to pay an employee the applicable
       state hourly wage provided in paragraph "a" until the employee has completed ninety calendar
days of employment with the employer. An employee who has completed ninety calendar days
of employment with the employer prior to April 1 2007, or January 1, 2008, shall earn the
applicable state hourly minimum wage as of that date. An employer shall pay an employee who
has not completed ninety calendar days of employment with the employer an hourly wage of at
least $5.30 as of April 1, 2007, and $6.35 as of January 1,2008. Sec. 2. LABOR
COMMISSIONER DIRECTIVE. If the commissioner finds that an employer, as defined in the
federal Fair Labor Standards Act of 1938, as amended to January 1, 2007, has failed to comply
with the provisions of this Act prior to July 1, 2007, the commissioner shall enforce the
provisions of this Act pursuant to chapter 91A, but shall not impose liquidated damages.

215.2(1) - 215.2(4) The wage rate requirement in rule 215.1(91D) does not apply until the
employee has completed 90 calendar days of employment with the employer. The 90-day
calendar period is counted from the employee's initial day of work. The employer shall pay to
each employee who has not completed 90 calendar days of employment at least the following
effective wage rates: Effective January 1, 1990, the state minimum initial employment wage rate
shall be $3.35 per hour; effective January 1, 1991, the state minimum initial employment wage
rate shall be $3.85 per hour; and effective January 1, 1992, the state minimum initial
employment wage rate shall be $4.25 per hour. 215.2(2) If the state minimum initial employment
wage rate changes during the 90-calendar-day period, the employer shall pay the new effective
rate. ) If, after less than 90 calendar days from the initial day of work, the employee's
employment is terminated and the employee is rehired by the same employer within three years
of the initial hiring, the initial employment wage rate in effect at rehiring may be paid until the
90-calendar-day employment period is reached. If, after 90 calendar days from the initial day of
work, the employee' employment is terminated and the employee is rehired in less than three
years from the last date of employment, the employee shall not be employed at the initial
employment wage rate. The rates specified in 215.1(2) shall apply as the minimum wage rate

216.30(1) With respect to persons employed as learners, apprentices, messengers or full-time
students employed outside of their school hours in any retail or service establishment, in
agriculture, or in institutions of higher education, or persons with a disability employed at
special minimum hourly rates under special certificates pursuant to the federal Fair Labor
Standards Act, 29 U.S.C. 214, employers shall maintain and preserve records containing the
same information and data required with respect to other employees employed in the same
occupations.

217.36(1) This chapter applies only to the applicable minimum wage for all hours worked. Any
deduction indicated in this chapter as being permitted must meet the requirements of Iowa Code
section 91A.5. To illustrate, where an employee works 40 hours a week at a cash wage rate of
$3.85 an hour and is paid $154 in cash free and clear at the end of the workweek, and in addition
is furnished facilities valued at $10, no consideration need be given to the question of whether
the facilities meet the requirements, since the employee has received in cash the applicable
minimum wage of $3.85 an hour for all hours worked. Similarly, where an employee is
employed at a rate of $5 an hour and during a particular workweek works 40 hours for which
cash payment of $200 is made, the employer having deducted $30 from wages for facilities
furnished, whether the deduction meets the requirement of this chapter need not be considered,
since the employee is still receiving, after the deduction has been made, a cash wage in excess of
the required minimum hourly wage.

217.50(1) In determining the wage of a tipped employee, the amount paid to a tipped employee
by the employer shall be deemed to be increased on account of tips by an amount determined by
the employer, but not by an amount in excess of 40 percent of the applicable minimum wage
rate, except that in the case of an employee who (either personally or acting through a
representative) shows to the satisfaction of the commissioner that the actual amount of tips
received was less than the amount determined by the employer as the amount by which the wage
paid the employee was deemed to be increased under this sentence, the amount paid the
employee by the employer shall be deemed to have been increased by the lesser amount. "Tipped
employee" means any employee engaged in an occupation in which the employee customarily
and regularly receives more than $30 a month in tips.

a. (1) The state hourly wage shall be at least $6.20 as of April 1, 2007, and $7.25 as of January 1,
2008. No later than September 30, 2008, and each September 30 thereafter, the labor
commissioner shall calculate an adjustment of the wage amount specified in subparagraph (1)
based upon the increase, from August of the preceding year to consumers for all items as
prepared by the bureau of labor statistics of the United States department of labor or its
successor. The wage amount established under this subparagraph shall be rounded to the nearest
five cents and shall take effect as the state minimum hourly wage rate, replacing the amount
specified in subparagraph (1), on of the following year. b.Every employer, as defined in the
         federal Fair Labor Standards Act of 1938, as amended to January 1, 2007, shall pay to each of
         the employer's employees, as defined in the federal Fair Labor Standards Act of 1938, as
         amended to January 1, 2007, the state hourly wage stated in paragraph "a", or the current federal
         minimum wage, pursuant to 29 U.S.C. } 206, as amended, whichever is greater. Sec. 2. Section
         91D.1, subsection 1, paragraph d, Code 30 2007, is amended by striking the paragraph. Sec. 3.
         EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon
         enactment.
Kansas   44-1203 (a) Except as otherwise provided in the minimum wage and maximum hours law, every
         employer shall pay to each employee wages at a rate of not less than $2.65 an hour. as follows:
         (1) Prior to September 1, 2009, employee wages shall be paid at a rate of not less than $2.65 an
         hour; and (2) on and after September 1, 2009, employee wages shall be paid at a rate of not less
         than $7.25 an hour. (b) In calculating such minimum wage rate, an employer may include tips
         and gratuities received by an employee in an amount equal to not more than 40% of the
         minimum wage rate if such tips and gratuities have customarily constituted part of the
         remuneration of the employee and if the employee concerned actually received and retained such
         tips and gratuities. The secretary shall require each employer desiring approval of an allowance
         for gratuities to provide substantial evidence of the amounts of such gratuities on account of
         which the employer has taken an allowance pursuant to this section. (b) (c) The provisions of
         this section shall not apply to any employers and employees who are covered under the
         provisions of section 6 of the fair labor standards act of 1938 as amended (29 U.S.C.A. § 206),
         and as amended by the fair labor standards amendments of 1974 and any other acts amendatory
         thereof or supplemental thereto.

         44-1211 (a) On and after January 1, 1978, any employer who pays an employee less than the
         wages and overtime compensation to which such employee is entitled, under or by virtue of
         K.S.A. 44-1201 to 44-1213, inclusive, and amendments thereto, shall be liable to such employee
         affected for the full triple the amount of such wages and overtime compensation, less any
         amount actually paid to such employee by the employer, and for costs and such reasonable
         attorney fees as may be allowed by the court in an action for the recovery of such wages and
         overtime compensation. Any agreement between such employee and the employer
         to work for less than the applicable wage rate shall be no defense to such action. Such action
         may be maintained in any court of competent jurisdiction by any one or more employees for and
         in behalf of such employee or employees. (b) On and after January 1, 1978 July 1, 2009, at the
         written request of any employee who has been paid less than the amount to which he or
         she such employee is entitled under the provisions of this act, the secretary may take an
         assignment of such wage claim in trust for the assigning employee and may bring any legal
         action necessary to collect such claim, and the employer shall be required to pay the costs and
         such reasonable attorneys’ fees as may be allowed by the court. The secretary in case of
         suit shall have power to join various claimants against the same employer
         in one action.

         49-31-5. a) Tips and gratuities received by an employee shall amount to twenty (20) dollars or
         more per month before such tips and gratuities customarily constitute part of the remuneration of
         such employee. The employer shall have the burden of proof, through substantial evidence, that
         the allowances taken for tips and gratuities are factual. The employer shall have the right to
         require the employee to certify a factual accounting of all tips and gratuities received by the
         employee. (b) Employers may make written application to the secretary of human resources for
         permits to employ handicapped workers, patient laborers at state institutions or hospitals, at a
         wage rate not lower than eighty-five (85) percent of the minimum wage rate herein required. No
         reduced wage shall be paid unless and until the employer has such permit from the secretary.
         Each permit shall expire one (1) year after it is issued. The following organizations may apply to
         the secretary of human resources for a blanket permit which allows the employment of
         handicapped persons at a reduced rate: state vocational rehabilitation agencies, state institutions
         and hospitals, and county or city hospitals. Any such application shall certify that no person will
         be so employed, unless it is approved and ordered by a staff doctor of the institution or hospital.
         A handicapped person may be employed beyond one (1) year at the reduced rate when a
         reevaluation by such agency, institution or hospital, determines that continued reduced wage rate
         is warranted. (c) Employers may make written application to the secretary of human resources
         for permits to employ learners and apprentices at wages lower than the minimum wage. These
         learners and apprentices shall not be a part of a formalized apprenticeship program approved by
         the Kansas apprenticeship council or the bureau of apprenticeship and training. Permits may be
         obtained as follows:

         68-2317 (a) Contracts entered into by the secretary of transportation for nonfederal aid state-
         funded projects shall be based on bid specifications prescribing that employees of any contractor
         or subcontractor shall be paid in accordance with prevailing wages determined in accordance
         with wage areas, job classifications and wage rates determined under the federal Davis-Bacon
            act. (b) Employees employed by contractors or subcontractors in the execution of nonfederal aid
            state-funded highway project contracts with the state of Kansas entered into by the secretary of
            transportation shall be paid at least the prevailing wage as determined in subsection (a).
Kentucky    337.275 (1) Except as may otherwise be provided by this chapter, every employer shall pay to
            each of his employees wages at a rate of not less than five dollars and eighty-five cents ($5.85)
            an hour beginning on the effective date of this Act, not less than six dollars and fifty-five cents
            ($6.55) an hour beginning July 1, 2008, and not less than seven dollars and twenty-five cents
            ($7.25) an hour beginning July 1, 2009. If the federal minimum hourly wage as prescribed by 29
            U.S.C. sec. 206(a)(1) is increased in excess of the minimum hourly wage in effect under this
            subsection, the minimum hourly wage under this subsection shall be increased to the same
            amount, effective on the same date as the federal minimum hourly wage rate. If the state
            minimum hourly wage is increased to the federal minimum hourly wage, it shall include only the
            federal minimum hourly rate prescribed in 29 U.S.C. sec. 206(a)(1) and shall not include other
            wage rates, or conditions, exclusions, or exceptions to the federal minimum hourly wage rate. In
            addition, the increase to the federal minimum hourly wage rate does not extend or modify the
            scope or coverage of the minimum wage rate required under this chapter. (2) Notwithstanding
            the provisions of subsection (1) of this section, for any employee engaged in an occupation in
            which he customarily and regularly receives more than thirty dollars ($30) per month in tips
            from patrons or others, the employer may pay as a minimum not less than the hourly wage rate
            required to be paid a tipped employee under the federal minimum hourly wage law as prescribed
            by 29 U.S.C. sec. 203. The employer shall establish by his records that for each week where
            credit is taken, when adding tips received to wages paid, not less than the minimum rate
            prescribed in 29 U.S.C. sec. 203 was received by the employee. No employer shall use all or part
            of any tips or gratuities received by employees toward the payment of the statutory minimum
            hourly wage as required by 29 U.S.C. sec. 203. Nothing, however, shall prevent employees from
            entering into an agreement to divide tips or gratuities among themselves.

            337.010 Any individual classified and given a certificate by the commissioner showing a status
            of learner, apprentice, worker with a disability, sheltered workshop employee, and student under
            administrative procedures and administrative regulations prescribed and promulgated by the
            commissioner. This certificate shall authorize employment at the wages, less than the established
            fixed minimum fair wage rates, and for the period of time fixed by the commissioner and stated
            in the certificate issued to the person.

            337.530 Where a prevailing rate of wages has been determined and prescribed, the contract
            executed between a public authority and the successful bidder or contractor shall contain a
            provision requiring the successful bidder and all of his subcontractors to pay not less than the
            rate of wages so established. The successful bidder or contractor and all subcontractors shall
            strictly comply with these provisions of the contract. (http://www.labor.ky.gov/esat/pwage.htm)
Louisiana   23:642. Pursuant to the police powers ultimately reserved to the state by Article VI, Section 9 of
            the Constitution of Louisiana, no local governmental subdivision shall establish a minimum
            wage rate which a private employer would be required to pay employees. Employers covered by
            the FLSA will be required to pay employees in accordance with the federal minimum wage rate
            of $7.25 per hour.
Maine       663 "Service employee" means any employee engaged in an occupation, such as waiters,
            waitresses, bellhops, counter personnel and bartenders who serve customers, in which the
            employee customarily and regularly receives more than $30 a month in tips. 2. An employer may
            consider tips as part of the wages of a service employee, but such a tip credit may not exceed
            50% of the minimum hourly wage established in this section. An employer who elects to use the
            tip credit must inform the affected employee in advance and must be able to show that the
            employee receives at least the minimum hourly wage when direct wages and the tip credit are
            combined. Upon a satisfactory showing by the employee or the employee's representative that
            the actual tips received were less than the tip credit, the employer shall increase the direct wages
            by the difference. The tips received by a service employee become the property of the employee
            and may not be shared with the employer. Service employees may volunteer to pool their tips to
            be split evenly among other service employees or may volunteer to share a part of their tips with
            other employees who do not generally receive tips directly from customers. Tips that are
            automatically included in the customer's bill or that are charged to a credit card must be given to
            the service employee, except that if the employer must pay the credit card company a percentage
            on each sale, the employer may deduct from the employee's tip a proportion of the credit card
            charge that is the same proportion that the tip is to the total bill. A tip that is charged to a credit
            card must be paid by the employer to the employee by the next regular payday and may not be
            held while the employer is awaiting reimbursement from a credit card company.

            4.26.664 1. The minimum hourly wage is $6.50 per hour. Starting October 1, 2006, the
            minimum hourly wage is $6.75 per hour. Starting October 1, 2007, the minimum hourly wage is
           $7.00 per hour. Starting October 1, 2008, the minimum hourly wage is $7.25 per hour. Starting
           October 1, 2009, the minimum hourly wage is $7.50 per hour. On September 30, 2009, and on
           September 30th of each year thereafter, the Department of Labor shall calculate an adjusted
           minimum wage rate to maintain employee purchasing power. The adjusted minimum wage must
           be calculated to the nearest cent using the Consumer Price Index for Urban Wage Earners and
           Clerical Workers, CPI-W, or a successor index, for the 12 months prior to each September 1st,
           as calculated by the United States Department of Labor. Each adjusted minimum wage rate so
           calculated takes effect January 1st of the following year. If the highest federal minimum wage is
           increased in excess of the minimum wage in effect under this section, the minimum wage under
           this section is increased to the same amount, effective on the same date as the increase in the
           federal minimum wage, but in no case may the minimum wage exceed the minimum wage
           otherwise in effect under this section by more than $1 per hour.

           5.26. 664 2. An employer may consider tips as part of the wages of a service employee, but such
           a tip credit may not exceed $3 per hour. An employer who elects to use the tip credit must
           inform the affected employee in advance and must be able to show that the employee receives at
           least the minimum hourly wage when direct wages and the tip credit are combined. Upon a
           satisfactory showing by the employee or the employee's representative that the actual tips
           received were less than the tip credit, the employer shall increase the direct wages by the
           difference.

           666. For any employment in which the minimum wage is applicable, the director may issue to
           any person physically handicapped by age, or otherwise, a special certificate authorizing the
           employment of such person for a period not to exceed one year at a wage less than the minimum
           wage established by this subchapter. The director may hold such hearings and conduct such
           investigations as he shall deem necessary for the purpose of fixing the special minimum wage
           for the licensee. Such license may be renewed from time to time by the director.

           667. For any occupation within the scope of this subchapter, the director may cause to be issued
           to an employer of any learner, or of an employee under an approved apprentice training program,
           a special certificate authorizing employment at such wages, less than the minimum wage
           established by this subchapter, and for such period of time as shall be fixed by the director and
           stated in the certificate. The director may hold such hearings and conduct such investigations as
           he shall deem necessary before fixing a special wage for such apprentice or learner.

           1306. The public authority shall, before advertising for bids for a public contract, ascertain from
           the Director of the Bureau of Labor Standards the fair minimum rate of wages and benefits to be
           paid by the successful bidder to the laborers, workers or mechanics employed in the performance
           of the contract. A schedule of minimum wages and benefits must be attached to and made a part
           of the specifications for the construction and must be included in the bidding documents. The
           "fair minimum rate of wages and benefits," for the intent and purposes of sections 1304 to 1313,
           is the prevailing wage and benefits paid in the locality in like construction. The director or a
           delegated member of that bureau shall assemble the data as to wages paid by contractors
           employing 5 or more construction workers in the State during the 2nd and 3rd week of
           September of each year. From these data, the fair minimum wage and benefits for the following
           calendar year must be determined by the director. Minimum wages and benefits may not be
           established for any trade or occupation if fewer than 10 workers are employed in such a trade or
           occupation in the State in the 2nd and 3rd week of September.
           (http://www.state.me.us/labor/bls/wagerateconst.htm)
Maryland   1-101. (a) In this article the following words have the meanings indicated. (b) "County" means a
           county of the State and, unless expressly provided otherwise, Baltimore City. (c) "Governmental
           unit" means: (1) the State; (2) a county, municipal corporation, or other political subdivision of
           the State; or (3) a unit of the State government or of a political subdivision.
           3-413. Except as provided in § 3-414 of this subtitle, each employer shall pay: (1) to each
           employee who is subject to both the federal Act and this subtitle, at least the minimum wage for
           that employee under the federal Act; and (2) each other employee who is subject to this subtitle,
           at least: (i) the highest minimum wage under the federal Act; or (ii) a training wage under
           regulations that the Commissioner adopts that include the conditions and limitations authorized
           under the federal Fair Labor Standards Amendments of 1989.

           3-414. (A) IN THIS SECTION, "EMPLOYER" INCLUDES A GOVERNMENTAL UNIT. (B)
           Except as provided in § 3-414 of this subtitle, each employer shall pay: (1) to each employee
           who is subject to both the federal Act and this subtitle, at least THE GREATER OF the greater
           of: (I) (i) the minimum wage for that employee under the federal Act; OR (II) A WAGE THAT
           EQUALS A RATE OF $7.25 PER HOUR or (ii) a wage that equals a rate of $7.25 per hour; and
           (2) each other employee who is subject to this subtitle, at least: (I) THE GREATER OF: (i) the
                  greater of; [(i)] 1. the highest minimum wage under the federal Act; or 2. A WAGE THAT
                  EQUALS A RATE OF $7.25 PER HOUR; OR a wage that equals a rate of $7.25 per hour; or
                  (ii) a training wage under regulations that the Commissioner adopts that include the conditions
                  and limitations authorized under the federal Fair Labor Standards Amendments of 1989.

                  3-419. (a) (1) This section applies to each employee who: (i) is engaged in an occupation in
                  which the employee customarily and regularly receives more than $30 each month in tips; (ii)
                  has been informed by the employer about the provisions of this section; and (iii) has kept all of
                  the tips that the employee received. (2) Notwithstanding paragraph (1)(iii) of this subsection, this
                  section does not prohibit the pooling of tips. (b) Subject to the limitations in this section, an
                  employer may include, as part of the wage of an employee to whom this section applies: (1) an
                  amount that the employer sets to represent the tips of the employee; or (2) if the employee or
                  representative of the employee satisfies the Commissioner that the employee received a lesser
                  amount in tips, the lesser amount. (c) The tip credit amount that the employer may include under
                  subsection (b) of this section may not exceed [$2.77] 50% OF THE MINIMUM WAGE.

                  17-208. (1) For each public work to which this subtitle applies, the Commissioner shall
                  determine the prevailing wage rate for each classification of worker engaged in work of the same
                  or a similar character. (1) Except as provided in subsection (c) of this section, the prevailing
                  wage rate for straight time for a worker is the rate paid: (i) in the locality; (ii) on projects similar
                  to the proposed public work; (iii) for work of the same or a similar character as that to be
                  performed on the public work; and (iv) to 50% or more of the workers in the worker's
                  occupational classification. (2) The prevailing wage rate for overtime for a worker shall be at
                  least time and a half the prevailing wage rate for straight time for that worker. (c) (1) If fewer
                  than 50% of the workers in the locality working in the same classification receive the same wage
                  rate: (i) the prevailing wage rate shall be the rate paid to at least 40% of those workers; or (ii) if
                  fewer than 40% receive the same wage rate, the rate shall be a weighted average rate obtained
                  by: 1. adding the products obtained by multiplying each hourly rate paid to workers in the
                  classification by the number of workers receiving that rate; and 2. dividing that sum by the total
                  number of workers in the classification. (http://www.dllr.state.md.us/labor/prev.html)

                  [Editor’s note:] Effective October 1, 2007, contractors and subcontractors doing business with
                  the state of Maryland will be required to pay workers a prevailing wage rate of $ 11.50 per hour
                  or alternatively $8.50 per hour dependent on the jurisdiction where services are performed.

                  [Editors Note:] Effective July 1, 2007 the living wage rate for Montgomery County is set at
                  $11.95 per hour.

                  Effective January 17, 2006 H.B. 391 was passed which requires employers to pay the greater of
                  the federal minimum wage or a wage that equals a rate of $6.15 per hour to employees subject to
                  federal or State minimum wage requirements. The bill also alters the tip credit that employers
                  can apply against the direct wages paid to employees classified as tipped employees. The tip
                  credit is equal to 50% of the higher of the federal or State minimum wage. As a result,
                  employers are required to pay tipped employees a wage rate that equals $3.08 per hour. The Bill
                  is in effect 30 days from January 17, 2006.

                  [Editor’s Note:] Effective October 1, 2007, under the statewide law, employers with government
                  contracts are required to pay employees a wage of $11.30 an hour for state work done in Prince
                  George's, Montgomery, Howard, Anne Arundel and Baltimore counties and the City of
                  Baltimore. Employers in all other counties are required to pay a rate of $8.50 per hour.
Massachusetts 151.1. 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 two, and any contract, agreement or understanding for or in relation to such employment
                  shall be null and void. A wage of less than $8.00 per hour, 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 the provisions of
                  sections seven and nine. Notwithstanding the provisions of this section, in no case shall the
                  minimum wage rate be less than $.10 higher than the effective federal minimum rate.

                  151. 2A . It is hereby declared to be against public policy for any employer to employ any
                  person in agriculture and farming in this commonwealth at an oppressive and unreasonable wage
                  and any contract, agreement or understanding for or in relation to such employment shall be null
                  and void. A wage of less than one dollar and sixty cents per hour in agriculture and farming shall
                  be conclusively presumed to be oppressive and unreasonable, wherever the term ""minimum
                  wage'' is used in this chapter, except when such wage is paid to a child seventeen years of age or
under, or to a parent, spouse, child or other member of the employer's immediate family. The
cost of board, lodging or other facilities shall not be included as a part of the wage paid to any
employee to the extent it is excluded therefrom; provided, however, that the commissioner may
determine the fair value of such board, lodging or other facilities for defined classes of
employees and in defined areas, based on average cost to the employer or to groups of employers
similarly situated, or average value to groups of employees, or other appropriate measures of fair
value. Such evaluations, where applicable and pertinent, shall be used in lieu of actual measure
of cost in determining the wage paid to any employee.

151.7 The commissioner may establish a suitable scale of rates for learners and apprentices in
any occupation or occupations, which scale of learners' and apprentices' rates may be less than
the regular minimum fair wage rates established for experienced persons in such occupation or
occupations, provided that in a retail, merchandising or laundry establishment such scale of
learners' and apprentices, rates shall apply only to the first eighty hours during which such
learner or apprentice is employed. The commissioner shall not establish minimum fair wage
rates below $1.85 per hour, except for learners and apprentices, and except for ushers, ticket
sellers and ticket takers whose minimum fair wage rates shall not be below $1.25, and except for
janitors and caretakers of residential property, who, when furnished with living quarters, shall be
paid a wage of not less than $36 per week, and except for services as golf caddies, and except for
service people who customarily and regularly receive more than $20 a month in tips.

455- 2.02. The minimum wage rate for a tipped employee may be comprised of both: (a) the
service rate paid by the employer; and (b) tips actually received and retained by the employee.
The sum of the service rate and the tips received by the employee must equal or exceed the basic
minimum wage. The service rate shall be not less than $2.63 per hour. An employer may pay the
service rate to the employee only if:1. the employer has informed such employee of the
provisions of the third paragraph of M.G.L. c. 151, §7; 2. the employee actually received tips in
an amount which, when added to the service rate, equals or exceeds the basic minimum wage;
and 3. all tips received by the employee were either retained by him or her or were distributed to
him or her through a tip-pooling arrangement. If the employee is engaged in the serving of food
or beverages, such a tip-pooling arrangement must conform with the requirements of M.G.L. c.
149, §152A. Unless all three of the foregoing requirements are met, the employer must pay a
tipped employee the full basic minimum wage rate. The minimum wage for an employee
receiving $20 or less per month in tips shall be the basic minimum wage.

455-204 (a) An employer, including an employer of seasonal and temporary help, may deduct
from the basic minimum wage of an employee a sum per week as set forth in 455 CMR
2.04(1)(a)1. through 3. when adequate, decent and sanitary lodging, including heat, potable
water, and light are furnished. A deduction for lodging is not permitted unless the room is
actually used by the employee and unless said employee desires said room. Deductions shall not
exceed the following rates. 1. A sum not exceeding $35.00 per week for a room occupied by one
person. 2. A sum not exceeding $30.00 per week for a room occupied by two persons. 3. A sum
not exceeding $25.00 per week for a room occupied by three or more persons. (b) No employer
shall deduct from the basic minimum wage of an employee a sum in excess of the amounts per
day hereafter set forth for meals actually furnished to the employee. The maximum deduction for
meals per day shall be as follows: Breakfast, $1.50, Lunch, $2.25; Dinner, $2.25. No deduction
for meals may exceed the actual cost to the employer. 1. No such deduction for meals shall be
made without the written consent of the employee. 2. A deduction for one meal may be made
from the basic minimum wage of an employee working three hours or more. 3. A deduction for
two meals may be made from the basic minimum wage of an employee whose work entirely
covers two meal periods, or eight hours of work. 4. A deduction for three meals may be made
from the basic minimum wage of an employee if lodging is provided, or if special permission is
granted by the Director.

455-2.05. (a) The Director may issue to any hospital or laboratory a license permitting payment
of not less than 80% of the basic minimum wage to students whose employment for wages is
part of a formal training program for such period of time as shall be fixed by the Director and
stated in the license. (b) The Director may issue to any school, college, university, or a bona fide
educational institution, a license permitting payment of not less than 80% of the basic minimum
wage, to students enrolled in and employed by said institutions for such period of time as shall
be fixed by the Director and stated in the license. (c) The Director may issue to any summer
camp a license permitting payment of not less than 80% of the basic minimum wage to students
employed as camp counselors or counselor trainees for such period of time as shall be fixed by
the Director and stated in the license. An employee shall be considered a camp counselor or
counselor trainee if the employee is directly involved in camp programming and camper
supervision. (d) The Director may issue to any establishment which as been granted non-profit
status under the Internal Revenue Code a license permitting payment of not less than 80% of the
           basic minimum wage to minors attending secondary school who work part-time in hospital
           wards, school and college dining rooms and dormitories, where the ratio of one minor to five
           adult persons working in these areas is maintained, for such period of time as shall be fixed by
           the Director and stated in the license. (e) The Director may issue, to the employer of a learner or
           apprentice who is employed either on a full or a part-time basis, a license permitting payment of
           not less than 80% of the basic minimum wage for such period of time as shall be fixed by the
           Director and stated in the license.

           149.26. The rate per hour of the wages paid to mechanics and apprentices, teamsters, chauffeurs
           and laborers in the construction of public works shall not be less than the rate or rates of wages
           to be determined by the commissioner as hereinafter provided; provided, that the wages paid to
           laborers employed on said works shall not be less than those paid to laborers in the municipal
           service of the town or towns where said works are being constructed; provided, further, that
           where the same public work is to be constructed in two or more towns, the wages paid to
           laborers shall not be less than those paid to laborers in the municipal service of the town paying
           the highest rate; provided, further, that if, in any of the towns where the works are to be
           constructed, a wage rate or wage rates have been established in certain trades and occupations by
           collective agreements or understandings in the private construction industry between organized
           labor and employers, the rate or rates to be paid on said works shall not be less than the rates so
           established; provided further, that in towns where no such rate or rates have been so established,
           the wages paid to mechanics, teamsters, chauffeurs and laborers on public works, shall not be
           less than the wages paid to the employees in the same trades and occupations by private
           employers engaged in the construction industry. (http://www.lawlib.state.ma.us/prevailing.html)

           [Editors Note] Effective March 1, 2006 the living wage rate for Cambridge is $12.59 per hour.

           [Editors Note] Effective July 1, 2006 the new living wage rate for Brookline is 11.15 per hour.
           The living wage rate for the city of Boston is set at $11.95 per hour.
Michigan   408.384 (1) Subject to the exceptions specified in this act, the minimum hourly wage rate shall
           be: (a) Beginning September 1, 1997, $5.15. (b) Beginning October 1, 2006, $6.95. (c)
           Beginning July 1, 2007, $7.15. (d) Beginning July 1, 2008, $7.40.(2) Notwithstanding subsection
           (1), if a ballot proposal that establishes a minimum wage is approved by the majority of electors
           voting on the question at the general election on November 7, 2006, the minimum wage shall be
           as established in the ballot proposal.

           408.387 On petition of a party in interest or on his or her own motion, the director of the
           department of consumer and industry services shall establish a suitable scale of rates for
           apprentices, learners, and persons with physical or mental disabilities who are clearly unable to
           meet normal production standards. The rates established under this section may be less than the
           regular minimum wage rate for workers who are experienced and who are not disabled.

           408.387a The minimum hourly wage rate of an employee shall be $2.65 per hour if all of the
           following occur: (a) The employee receives gratuities in the course of his or her employment. (b)
           The gratuities described in subdivision (a) equal or exceed the difference between $2.65 per hour
           and the minimum hourly wage established under section 4. (c) The gratuities are proven
           gratuities as indicated by the employee's declaration for federal insurance contribution act
           purposes. (d) The employee was informed by the employer of the provisions of this section.

           408.552 Every contract executed between a contracting agent and a successful bidder as
           contractor and entered into pursuant to advertisement and invitation to bid for a state project
           which requires or involves the employment of construction mechanics, other than those subject
           to the jurisdiction of the state civil service commission, and which is sponsored or financed in
           whole or in part by the state shall contain an express term that the rates of wages and fringe
           benefits to be paid to each class of mechanics by the bidder and all of his subcontractors, shall be
           not less than the wage and fringe benefit rates prevailing in the locality in which the work is to
           be performed. Contracts on state projects which contain provisions requiring the payment of
           prevailing wages as determined by the United States secretary of labor pursuant to the federal
           Davis-Bacon act (United States code, title 40, section 276a et seq) or which contain minimum
           wage schedules which are the same as prevailing wages in the locality as determined by
           collective bargaining agreements or understandings between bona fide organizations of
           construction mechanics and their employers are exempt from the provisions of this act.
           (http://www.michigan.gov/bwuc/0,1607,7-161-15499_15542_15549---,00.html)

           [Editors Note] The current living wage rate for Ann Arbor is $9.68 per hour if benefits are
           provided and $11.21 per hour if no benefits are provided. The current living wage rates for
           Eastpointe are $9.68 per hour if benefits are provided and $12.10 per hour if benefits are not
              provided.

              [Editors Note] The new living wage rate for Ingham County is $12.50 per hour if the employer
              does not provide benefits and $10.00 per hour if benefits are provided.
Minnesota     177.24 (a) For purposes of this subdivision, the terms defined in this paragraph have the
              meanings given them. (1) "Large employer" means an enterprise whose annual gross volume of
              sales made or business done is not less than $625,000 (exclusive of excise taxes at the retail level
              that are separately stated) and covered by the Minnesota Fair Labor Standards Act, sections
              177.21 to 177.35. (2) "Small employer" means an enterprise whose annual gross volume of sales
              made or business done is less than $625,000 (exclusive of excise taxes at the retail level that are
              separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to
              177.35. (b) Except as otherwise provided in sections 177.21 to 177.35, every large employer
              must pay each employee wages at a rate of at least $6.75 an hour effective July 24, 2008, and at
              a rate of at least $7.75 an hour effective July 24, 2009. Every small employer must pay each
              employee at a rate of at least $5.75 an hour effective July 24, 2008, and at a rate of at least $6.75
              an hour effective July 24, 2009. (c) Notwithstanding paragraph (b), during the first 90
              consecutive days of employment, an employer may pay an employee under the age of 18 years a
              wage at a rate of at least $5.35 an hour effective July 24, 2008, and at a rate of at least $5.75 an
              hour effective July 24, 2009. No employer may take any action to displace any employee,
              including a partial displacement through a reduction in hours, wages, or employment benefits, in
              order to hire an employee at the wage authorized in this paragraph. Sec. 2. Subd. 6. An employer
              who pays a new employee the current state minimum wage under subdivision 1 must provide a
              written statement accompanying the first two paychecks of the employee or on the first two
              paydays of the employee if the employee is paid by electronic transfer. The written statement
              must be in at least 10-point font and must include the following information: (1) the applicable
              state or federal minimum wage rate required by law; and (2) contact information for the
              Department of Labor and Industry for the reporting of possible minimum wage violations.

              [Note: For empoyers subject to federal law, the federal rate of $7.25 per hour applies]

              177.28 A meal allowance is credited toward the minimum wage only when the meal is furnished
              by the employer and accepted by the employee. The employer shall not require the employee to
              accept meals as a condition of employment. A meal is defined as an adequate portion of a variety
              of wholesome, nutritious foods and shall include at least one food from each of the following
              four groups: fruits or vegetables; cereals, bread, or potatoes; eggs, meat, or fish; milk, tea, or
              coffee; except that for breakfast, eggs, meat, or fish may be omitted if both cereal or bread are
              offered. The employer must keep a record of each meal accepted by the employee before any
              meal credit can be taken. Meals must be consistent with the employee's work shift. Meal periods
              of less than 20 minutes may not be deducted from hours worked, nor may meal periods be
              deducted where the employee is not entirely free from work responsibility. The meal allowance
              is 60 percent of the adult minimum wage rate for one hour of work per meal.

              177.43 Subdivision 1. Any contract which provides for a project must state that: (1) no laborer or
              mechanic employed directly on the project work site by the contractor or any subcontractor,
              agent, or other person doing or contracting to do all or a part of the work of the project, is
              permitted or required to work more hours than the prevailing hours of labor unless paid for all
              hours in excess of the prevailing hours at a rate of at least 1-1/2 times the hourly basic rate of
              pay; and (2) a laborer or mechanic may not be paid a lesser rate of wages than the prevailing
              wage rate in the same or most similar trade or occupation in the area.
              (http://workplace.doli.state.mn.us/prevwage/)

              [Editors Note] Effective December 31, 2006, all businesses with established or renewed city
              subsidies are required to pay a living wage rate of no less than 130% of the federal poverty level
              for a family of four.
Mississippi   The state of Mississippi does not have a state minimum wage, however employers are required
              to apply federal rate, which is currently set at $7.25 an hour.
Missouri      290.502. 1. Except as may be otherwise provided under sections 290.500 to 290.530, effective
              July 24, 2009, every employer shall pay to each employee wages at the rate of $7.25 per hour, or
              wages at the same rate or rates set under the provisions of federal law as the prevailing federal
              minimum wage applicable to those covered jobs in interstate commerce, whichever rate per hour
              is higher. 2. The minimum wage shall be increased or decreased on January 1, 2010, and on
              January 1 of successive years, by the increase or decrease in the cost of living. On September 30,
              2009, and on each September 30 of each successive year, the director shall measure the increase
              or decrease in the cost of living by the percentage increase or decrease as of the preceding July
              over the level as of July of the immediately preceding year of the Consumer Price Index for
              Urban Wage Earners and Clerical Workers (CPI-W) or successor index as published by the U.S.
Department of Labor or its successor agency, with the amount of the minimum wage increase or
decrease rounded to the nearest five cents. Beginning January 1, 2010, and continuing each year
thereafter, the minimum wage shall not be increased under this subsection to exceed the federal
minimum wage rate in effect in the year the indexing under this subsection occurs.

290.512. 1. No employer of any employee who receives and retains compensation in the form of
gratuities in addition to wages shall pay such employee a cash wage at a rate less than the cash
wage amount specified in the Fair Labor Standards Act, 29 U .S.C. Sect ion 203(m), for t ipped
employees. However, the total compensation for such tipped employee shall not be less than the
minimum wage specified in section 290.502. 2. If an employee receives and retains
compensation in the form of goods or services as an incident of his employment and if he is not
required to exercise any discretion in order to receive the goods or services, the employer is
required to pay only the difference between the fair market value of the goods and services and
the minimum wage otherwise required to be paid by sections 290.500 to 290.530. The fair
market value of the goods and services shall be computed on a weekly basis. The director shall
provide by regulation a method of valuing the goods and services received by any employee in
lieu of the wages otherwise required to be paid under the provisions of sections 290.500 to
290.530. He shall also provide by regulation a method of determining those types of goods and
services that are an incident of employment the receipt of which does not require any discretion
on the part of the employee. Section B. Because of the need to preserve federal standards
relating to overtime payments to employees, section A of this act is deemed necessary for the
immediate preservation of the public health, welfare, peace and safety, and is hereby declared to
be an emergency act within the meaning of the constitution, and section A of this act shall be in
full force and effect upon its passage and approval.

290.515. After a public hearing at which any person may be heard, the director shall provide by
regulation for the employment in any occupation of individuals whose earning capacity is
impaired by physical or mental deficiency at wages lower than the wage rate applicable under
sections 290.500 to 290.530. The individuals shall be employed as the director finds appropriate
to prevent curtailment of opportunities for employment, to avoid undue hardship, and to
safeguard the wage rate applicable under sections 290.500 to 290.530, except that no individual
who maintains a production level within the limits required of other employees shall be paid less
than the wage rate applicable under sections 290.500 to 290.530. Employees affected or their
guardians shall be given reasonable notice of this hearing.

290.517. After a public hearing of which individual employees affected must be given
reasonable notice, the director shall provide by regulation for the employment in any occupation,
at wages lower than the wage rate applicable under sections 290.500 to 290.530, of such learners
and apprentices as he finds appropriate to prevent curtailment of opportunities for employment.
Such wage rate for learners and apprentices shall be the same rate or rates set under the
provisions of federal law as the prevailing federal subminimum wage applicable to new workers.
At no time may this provision be used for the purpose of evading the spirit and meaning of
sections 290.500 to 290.530.

290.512. 1. No employer of any employee who receives and retains compensation in the form of
gratuities in addition to wages is required to pay wages in excess of fifty percent of the minimum
wage rate specified in sections 290.500 to 290.530, however, total compensation for such
employee shall total at least the minimum wage specified in sections 290.500 to 290.530, the
difference being made up by the employer. 2. If an employee receives and retains compensation
in the form of goods or services as an incident of his employment and if he is not required to
exercise any discretion in order to receive the goods or services, the employer is required to pay
only the difference between the fair market value of the goods and services and the minimum
wage otherwise required to be paid by sections 290.500 to 290.530. The fair market value of the
goods and services shall be computed on a weekly basis. The director shall provide by regulation
a method of valuing the goods and services received by any employee in lieu of the wages
otherwise required to be paid under the provisions of sections 290.500 to 290.530. He shall also
provide by regulation a method of determining those types of goods and services that are an
incident of employment the receipt of which does not require any discretion on the part of the
employee.

290.230. 1. Not less than the prevailing hourly rate of wages for work of a similar character in
the locality in which the work is performed, and not less than the prevailing hourly rate of wages
for legal holiday and overtime work, shall be paid to all workmen employed by or on behalf of
any public body engaged in the construction of public works, exclusive of maintenance work.
Only such workmen as are directly employed by contractors or subcontractors in actual
construction work on the site of the building or construction job shall be deemed to be employed
upon public works. 2. When the hauling of materials or equipment includes some phase of
           construction other than the mere transportation to the site of the construction, workmen engaged
           in this dual capacity shall be deemed employed directly on public works.
           (http://www.dolir.state.mo.us/ls/prevailingwage/index.asp)
Montana    39-3-404. (1) Except as otherwise provided in this part and except for farm workers as provided
           in subsection (2), every employer shall pay to each of his employees a wage of not less than the
           applicable minimum wage as determined by the commissioner in accordance with 39-3-409. (2)
           In the case of a farm worker employed for a part of a calendar year which includes periods
           requiring working hours in excess of 8 hours per day and other seasonal periods requiring
           working hours substantially less than 8 hours per day, the employer may pay the worker at a
           fixed rate of compensation during the term of employment. The employer may elect to: (a) keep
           a record of the total number of hours worked by the worker during the part of the year during
           which the worker was employed by him (the total wages paid by such employer to such
           employee for that part of the year during which said employee was employed by him shall not be
           less than the applicable minimum wage rate multiplied by the total number of hours so worked);
           or (b) in lieu of the minimum wage set forth herein, pay the farm worker a wage as herein
           defined on a monthly basis. This monthly compensation shall constitute a minimum wage and
           shall not be less than $635 a month beginning January 1, 1990.

           39-3-409. 39-3-409 (1) The minimum wage, except as provided in subsection (3), must be the
           greater of either: (a) the minimum hourly wage rate as provided under the federal Fair Labor
           Standards Act of 1938 (29 U.S.C. 206(a)(1)), excluding the value of tips received by the
           employee and the special provisions for a training wage; or (b) $6.90 an hour, excluding the
           special provisions for a training wage. (2) (a) The minimum wage is subject to a cost-of-living
           adjustment, as provided in subsection (2)(b). (b) No later than September 30 of each year, an
           adjustment of the wage amount specified in subsection (1) must be made based upon the
           increase, if any, from August of the preceding year to August of the year in which the calculation
           is made in the consumer price index, U.S. city average, all urban consumers, for all items, as
           published by the bureau of labor statistics of the United States department of labor. (c) The wage
           amount established under this subsection (2): (i) must be rounded to the nearest 5 cents; and (ii)
           becomes effective as the new minimum wage, replacing the dollar figure specified in subsection
           (1), on January 1 of the following year. (3) The minimum wage rate for: a business whose annual
           gross sales are $110,000 or less is $4 an hour; FOOD AND BEVERAGE SERVERS WHO
           WAIT ON TABLES IN FULL-SERVICE RESTAURANTS is $6.15 an hour."

           39-3-402. (7) (a) The term "wage" includes the reasonable cost to the employer of furnishing the
           employee with lodging or any other facility if the lodging or other facility is customarily
           furnished by the employer to employees. However, the inclusion may not exceed an amount
           equal to 40% of the total wage paid by the employer to the employee. (b) The term "wage" does
           not include the cost to the employer of providing meals or a meal allowance to the employee or
           the value of tips or gratuities that are covered by section 3402(k) or service charges that are
           covered by section 3401 of the Internal Revenue Code of 1954, as amended and applicable on
           January 1, 1983, received by employees for services rendered by them to patrons of premises or
           businesses licensed to provide food, beverage, or lodging.

           18-2-403 (1) In every public works contract, there must be inserted in the bid specification and
           the public works contract a provision requiring the contractor to give preference to the
           employment of bona fide residents of Montana in the performance of the work. (2) All public
           works contracts under subsection (1), except those for heavy and highway construction, must
           contain a provision requiring the contractor to pay: (a) the travel allowance that is in effect and
           applicable to the district in which the work is being performed; and (b) the standard prevailing
           rate of wages, including fringe benefits for health and welfare and pension contributions, that: (i)
           meets the requirements of the Employee Retirement Income Security Act of 1974 and other bona
           fide programs approved by the United States department of labor; and (ii) is in effect and
           applicable to the district in which the work is being performed. (3) In every public works
           contract for heavy and highway construction, there must be inserted a provision to require the
           contractor to pay the heavy and highway construction wage rates established statewide for the
           project. For current prevailing wage rates click here; for proposed prevailing wage rates click
           here.
Nebraska   48-1203 (1) Except as otherwise provided in this section and section 48-1203.01, every
           employer shall pay to each of his or her employees who are seventeen years of age or older a
           minimum wage that is the federal minimum wage in effect on the effective date of this act or the
           state-calculated minimum wage under subsection (2) of this act, whichever is greater. (2) The
           state-calculated minimum wage shall be: wages at the minimum rate of four dollars and twenty-
           five cents per hour through August 31, 1997, and five dollars and fifteen cents per hour on and
           after September 1, 1997. (a) Five dollars and fifteen cents per hour through September 30, 2007;
           (b) Five dollars and fifty-two cents per hour on and after October 1, 2007, through September
         30, 2008; (c) Five dollars and eighty-nine cents on and after October 1, 2008, through September
         30, 2009; (d) Six dollars and twenty-six cents on and after October 1, 2009, through September
         30, 2010; and (e) As calculated by the Department of Labor for wages beginning on October 1,
         2010, through September 30, 2013. The department shall have such minimum wage 1 calculated
         by June 15, 2010, and shall adjust the six dollars and twenty-six cents wage to reflect the
         changes in the Consumer Price Index for all-urban consumers published by the federal
         Department of Labor for 2007, 2008, and 2009 plus the first quarter of 2010. Every three years
         thereafter, the department shall make an adjustment of the state-calculated minimum wage to
         reflect the changes in such Consumer Price Index for the preceding three calendar years. For
         purposes of this section, calendar year begins on April 1 and ends on March 31 of the next year.
         The new state-calculated minimum wage shall be calculated by June 15 of the year that it will go
         into effect on October 1. For persons who are seventeen years of age or older compensated by
         way of gratuities such as waitresses, waiters, hotel bellhops, porters, and shoeshine persons, the
         employer shall pay wages at the minimum rate of two dollars and thirteen cents per hour, wage
         of fifty percent of the applicable minimum wage provided in subsection (1) of this section, plus
         all gratuities given to them for services rendered. The sum of wages and gratuities received by
         each person compensated by way of gratuities shall equal or exceed the minimum wage rate
         provided in subsection (1) of this section. In determining whether or not the individual is
         compensated by way of gratuities, the burden of proof shall be upon the employer. (3) (4) Any
         employer employing student-learners as part of a bona fide vocational training program shall pay
         such student-learners’ student-learners who are seventeen years of age or older wages at a rate of
         at least seventy-five percent of the minimum wage rate which would otherwise be applicable.
Nevada   608.100 1. Except as otherwise provided in subsections 2 and 3, the minimum wage for an
         employee in the State of Nevada is the same whether the employee is a full-time, permanent,
         part-time, probationary or temporary employee, and: (a) If an employee is offered qualified
         health insurance, is $6.55 per hour; or (b) If an employee is not offered qualified health
         insurance, is $7.55 per hour. 2. The rates set forth in subsection 1 may change based on the
         annual adjustments set forth in Section 16 of Article 15 of the Nevada Constitution. 3. The
         minimum wage provided in subsection 1 does not apply to: (a) A person under 18 years of age;
         (b) A person employed by a nonprofit organization for after-school or summer employment; (c)
         A person employed as a trainee for a period not longer than 90 days, as described by the United
         States Department of Labor pursuant to section 6(g) of the Fair Labor Standards Act; or (d) A
         person employed under a valid collective bargaining agreement in which wage, tip credit or
         other provisions set forth in Section 16 of Article 15 of the Nevada Constitution have been
         waived in clear and unambiguous terms.4. As used in this section, “qualified health insurance”
         means health insurance coverage offered by an employer which meets the requirements of NAC
         608.102.

         608.110. (NRS 608.250) The minimum wage for an employee in private employment who: 1. Is
         18 years of age or older is $5.15 per hour. 2. Is under 18 years of age is $4.38 per hour.

         608.155 1. A part of wages or compensation may, if mutually agreed upon by an employee and
         employer in the contract of employment, consist of meals. In no case shall the value of the meals
         be computed at more than $1.50 per day. In no case shall the value of the meals consumed by
         such employee be computed or valued at more than 35 cents for each breakfast actually
         consumed, 45 cents for each lunch actually consumed, and 70 cents for each dinner actually
         consumed. 2. The monetary limitations on the value of meals, contained in subsection 1, do not
         apply to agricultural employees.

         608.160 1. It is unlawful for any person to: (a) Take all or part of any tips or gratuities bestowed
         upon his employees. (b) Apply as a credit toward the payment of the statutory minimum hourly
         wage established by any law of this state any tips or gratuities bestowed upon his employees. 2.
         Nothing contained in this section shall be construed to prevent such employees from entering
         into an agreement to divide such tips or gratuities among themselves.

         608.0165 1. Except as otherwise provided in this section, wages or compensation paid to an
         employee whose duties include the manufacture of an explosive, or the use, processing,
         handling, on-site movement or storage of an explosive that is related to its manufacture, must be
         based solely on the number of hours the employee works. The provisions of this subsection do
         not apply to persons employed in the mining industry. 2. Any person who violates the provisions
         of subsection 1: (a) For the first violation, shall be punished by a fine of not less than $10,000
         nor more than $20,000. (b) For the second or any subsequent violation, shall be punished by a
         fine of not less than $20,000 nor more than $50,000. 3. Except as otherwise provided in
         subsection 4, as used in this section, "explosive" means gun-powders, powders used for blasting,
         all forms of high explosives, blasting materials, fuses other than electric circuit breakers,
         detonators and other detonating agents, smokeless powders, other explosive or incendiary
             devices and any chemical compound, mechanical mixture or device that contains any oxidizing
             and combustible units, or other ingredients, in such proportions, quantities or packing that
             ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or
             device or any part thereof may cause an explosion. 4. For the purposes of this section, an
             explosive does not include: (a) Ammunition for small arms, or any component thereof; (b) Black
             powder commercially manufactured in quantities that do not exceed 50 pounds, percussion caps,
             safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers that are
             intended to be used solely for sporting, recreation or cultural purposes: (1) In an antique firearm,
             as that term is defined in 18 U.S.C. § 921(a)(16), as that section existed on January 1, 1999; or
             (2) In an antique device which is exempted from the definition of "destructive device" pursuant
             to 18 U.S.C. § 921(a)(4), as that section existed on January 1, 1999; or (c) Any explosive that is
             manufactured under the regulation of a military department of the United States, or that is
             distributed to, or possessed or stored by, the military or naval service or any other agency of the
             United States, or an arsenal, a navy yard, a depot or any other establishment owned by or
             operated on behalf of the United States.

             338.020 1. Every contract to which a public body of this state is a party, requiring the
             employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled
             workmen or unskilled labor in the performance of public work, must contain in express terms the
             hourly and daily rate of wages to be paid each of the classes of mechanics and workmen. The
             hourly and daily rate of wages must: (a) Not be less than the rate of such wages then prevailing
             in the county in which the public work is located, which prevailing rate of wages must have been
             determined in the manner provided in NRS 338.030; and (b) Be posted on the site of the public
             work in a place generally visible to the workmen. 2. When public work is performed by day
             labor, the prevailing wage for each class of mechanics and workmen so employed applies and
             must be stated clearly to such mechanics and workmen when employed. 3. The prevailing wage
             so paid to each class of mechanics or workmen must be in accordance with the jurisdictional
             classes recognized in the locality where the work is performed. 4. Nothing in this section
             prevents an employer who is signatory to a collective bargaining agreement from assigning such
             work in accordance with established practice. (http://www.laborcommissioner.com/pwpw.html)
New          279:21 Unless otherwise provided by statute, no person, firm, or corporation shall employ any
Hampshire    employee at an hourly rate lower than that set forth in the federal minimum wage law, as
             amended, or as follows, whichever is higher:

                     Date                   Hourly Rate
             On and after September 1, 1997     $5.15
             On and after September 1, 2007     $6.50
             On and after September 1, 2008     $7.25

             Tipped employees of a restaurant, hotel, motel, inn or cabin, who customarily and regularly
             receive more than $30 a month in tips directly from the customers will receive a base rate from
             the employer of not less than 45 percent of the applicable minimum wage. If an employee shows
             to the satisfaction of the commissioner that the actual amount of wages received at the end of
             each pay period did not equal the minimum wage for all hours worked, the employer shall pay
             the employee the difference to guarantee the applicable minimum wage.
New Jersey   34:11-56a4 Every employer shall pay to each of his employees wages at a rate of not less than
             $5.05 per hour as of April 1, 1992 and, after January 1, 1999 the federal minimum hourly wage
             rate set by section 6(a)(1) of the federal "Fair Labor Standards Act of 1938" (29 U.S.C.
             s.206(a)(1)), and, as of October 1, 2005, $6.15 per hour, and as of October 1, 2006, $7.15 per
             hour for 40 hours of working time in any week and 1 1/2 times such employee's regular hourly
             wage for each hour of working time in excess of 40 hours in any week, except this overtime rate
             shall not include any individual employed in a bona fide executive, administrative, or
             professional capacity or, if an applicable wage order has been issued by the commissioner under
             section 17 (C.34:11-56a16) of this act, not less than the wages prescribed in said order. The
             wage rates fixed in this section shall not be applicable to part-time employees primarily engaged
             in the care and tending of children in the home of the employer, to persons under the age of 18
             not possessing a special vocational school graduate permit issued pursuant to section 15 of
             P.L.1940, c.153 (C.34:2-21.15), or to persons employed as salesmen of motor vehicles, or to
             persons employed as outside salesmen as such terms shall be defined and delimited in
             regulations adopted by the commissioner, or to persons employed in a volunteer capacity and
             receiving only incidental benefits at a county or other agricultural fair by a nonprofit or religious
             corporation or a nonprofit or religious association which conducts or participates in that fair.

             The provisions of this section for the payment to an employee of not less than 1 1/2 times such
             employee's regular hourly rate for each hour of working time in excess of 40 hours in any week
             shall not apply to employees engaged to labor on a farm or employed in a hotel or to an
             employee of a common carrier of passengers by motor bus or to a limousine driver who is an
             employee of an employer engaged in the business of operating limousines or to employees
             engaged in labor relative to the raising or care of livestock.

             Employees engaged on a piece-rate or regular hourly rate basis to labor on a farm shall be paid
             for each day worked not less than the minimum hourly wage rate multiplied by the total number
             of hours worked.

             Full-time students may be employed by the college or university at which they are enrolled at
             not less than 85% of the effective minimum wage rate.

             Notwithstanding the provisions of this section to the contrary, every trucking industry employer
             shall pay to all drivers, helpers, loaders and mechanics for whom the Secretary of Transportation
             may prescribe maximum hours of work for the safe operation of vehicles, pursuant to section
             31502(b) of the federal Motor Carrier Act, 49 U.S.C.s.31502(b), an overtime rate not less than 1
             1/2 times the minimum wage required pursuant to this section and N.J.A.C. 12:56-3.1.
             Employees engaged in the trucking industry shall be paid no less than the minimum wage rate as
             provided in this section and N.J.A.C. 12:56-3.1. As used in this section, "trucking industry
             employer" means any business or establishment primarily operating for the purpose of
             conveying property from one place to another by road or highway, including the storage and
             warehousing of goods and property. Such an employer shall also be subject to the jurisdiction of
             the Secretary of Transportation pursuant to the federal Motor Carrier Act, 49 U.S.C.s.31501 et
             seq., whose employees are exempt under section 213(b)(1) of the federal "Fair Labor Standards
             Act of 1938," 29 U.S.C. s.213(b)(1), which provides an exemption to employees regulated by
             section 207 of the federal "Fair Labor Standards Act of 1938," 29 U.S.C.s.207, and the Interstate
             Commerce Act, 49 U.S.C.s.501 et al.

             The provisions of this section shall not be construed as prohibiting any political subdivision of
             the State from adopting an ordinance, resolution, regulation or rule, or entering into any
             agreement, establishing any standard for vendors, contractors and subcontractors of the
             subdivision regarding wage rates or overtime compensation which is higher than the standards
             provided for in this section, and no provision of any other State or federal law establishing a
             minimum standard regarding wages or other terms and conditions of employment shall be
             construed as preventing a political subdivision of the State from adopting an ordinance,
             resolution, regulation or rule, or entering into any agreement, establishing a standard for vendors,
             contractors and subcontractors of the subdivision which is higher than the State or federal law or
             which otherwise provides greater protections or rights to employees of the vendors, contractors
             and subcontractors of the subdivision, unless the State or federal law expressly prohibits the
             subdivision from adopting the ordinance, resolution, regulation or rule, or entering into the
             agreement.

             34:11-56a4.1. The provisions of the act to which this act is a supplement in respect to minimum
             wages and compensation for overtime work shall not be applicable during the months of June,
             July, August or September of the year to summer camps, conferences and retreats operated by
             any nonprofit or religious corporation or association.

             34:11-56a4.2. The provisions of this act shall be applicable to wages covered by wage orders
             issued pursuant to section 17 of P.L.1966, c. 113 (C. 34:11-56a16).
New Mexico   50-4-22 A. An employer shall pay an employee the minimum wage rate of six dollars fifty cents
             ($6.50) an hour. As of January 1, 2009, an employer shall pay the minimum wage rate of seven
             dollars fifty cents ($7.50) an hour. B. An employer furnishing food, utilities, supplies or housing
             to an employee who is engaged in agriculture may deduct the reasonable value of such furnished
             items from any wages due to the employee. C. An employee who customarily and regularly
             receives more than thirty dollars ($30.00) a month in tips shall be paid a minimum hourly wage
             of two dollars thirteen cents ($2.13). The employer may consider tips as part of wages, but the
             tips combined with the employer's cash wage shall not equal less than the minimum wage rate as
             provided in Subsection A of this section. All tips received by such employees shall be retained
             by the employee, except that nothing in this section shall prohibit the pooling of tips among
             employees. D. An employee shall not be required to work more than forty hours in any week of
             seven days, unless the employee is paid one and one-half times the employee's regular hourly
             rate of pay for all hours worked in excess of forty hours. For an employee who is paid a fixed
             salary for fluctuating hours and who is employed by an employer a majority of whose business
             in New Mexico consists of providing investigative services to the federal government, the hourly
             rate may be calculated in accordance with the provisions of the federal Fair Labor Standards Act
             of 1938 and the regulations pursuant to that act; provided that in no case shall the hourly rate be
             less than the federal minimum wage."
50-4-23A The state labor commissioner, to the extent necessary in order to prevent curtailment
of opportunities for employment, shall, by regulation, provide for the employment under special
certificates of individuals, including individuals employed in agriculture, whose earning or
productive capacity is impaired by physical or mental deficiency or injury, at wages which are
lower than the minimum wage applicable under Section 50-4-22 NMSA 1978, but not less than
fifty percent of such wage. B. The state labor commissioner pursuant to his regulations and upon
certification of any state agency administering or supervising the administration of vocational
rehabilitation services, may issue special certificates, which allow the holder thereof to work at
wages which are less than those required by Subsection A of this section and which are related to
the workers' productivity, for the employment of: (1) handicapped workers engaged in work
which is incidental to training or evaluation programs; and (2) multi-handicapped individuals
and other individuals whose earning capacity is so severely impaired that they are unable to
engage in competitive employment. C. The state labor commissioner may, by regulation or
order, provide for the employment of handicapped individuals in work activities centers under
special certificates at wages which are less than the minimums applicable under Section 59-3-22
New Mexico Statutes Annotated, 1953 Compilation [50-4-22 NMSA 1978], or less than that
prescribed in Subsection A of this section, and which constitute equitable compensation for such
individuals.

13-4-10.1 As used in the Public Works Minimum Wage Act: A. "director" means the director of
the division; B. "division" means the labor relations division of the workforce solutions
department; C. "fringe benefit" means payments made by a
contractor, subcontractor, employer or person acting as a contractor, if the payment has been
authorized through a negotiated process or by a collective bargaining agreement,
for: (1) holidays; (2) time off for sickness or injury; (3) time off for personal reasons or
vacation; (4) bonuses; (5) authorized expenses incurred during the course of employment; (6)
health, life and accident or disability insurance; (7) profit-sharing plans; (8) contributions made
on behalf of an employee to a retirement or other pension plan; and (9) any other compensation
paid to an employee other than wages; D. "labor organization" means an organization of any
kind, or an agency or employee representation committee or plan, in which employees
participate and that exists for
the purpose, in whole or in part, of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment or conditions of work; and E. "wage" means
the basic hourly rate of pay."

13-4-11 A. Every contract or project in excess of sixty thousand dollars ($60,000) that the
alteration, demolition or repair or any combination of these, including painting and decorating,
of public buildings, public works or public roads of the state and that r or involves the
employment of mechanics, laborers or both shall contain a provision stating the minimum wages
and fringe benefits to be paid to various classes of laborers and mechanics, which shall be based
upon the wages and benefits that will be determined by the director to be prevailing for the
corresponding classes of laborers and mechanics employed on contract work of a similar nature
in the state or locality, and every contract or project shall contain a stipulation that the
contractor, subcontractor, employer or a person acting as a contractor shall pay all mechanics
and laborers employed on the site of the project, unconditionally and not less often than once a
week and without subsequent unlawful deduction or rebate on any account, the full amounts
accrued at time of payment computed at wage rates and fringe benefit rates not less than those
determined pursuant to Subsection B of this section to be the prevailing wage rates and
prevailing fringe benefit rates issued for the project. B. The director shall determine prevailing
wage rates and prevailing fringe benefit rates for respective classes of laborers and mechanics
employed on public works projects at the same wage rates and fringe benefit rates used in
collective bargaining agreements between labor organizations and their signatory employers that
govern predominantly similar classes or classifications of laborers and mechanics for the locality
of the public works project
and the crafts involved; provided that: (1) if the prevailing wage rates and prevailing fringe
benefit rates cannot reasonably and fairly be determined in a locality because no collective
bargaining agreements exist, the director shall determine the prevailing
wage rates and prevailing fringe benefit rates for the same or most similar class or classification
of laborer or mechanic in the nearest and most similar neighboring locality in which collective
bargaining agreements exist; (2) the director shall give due regard to information obtained during
the director's determination of the prevailing wage rates and the prevailing fringe benefit rates
made pursuant to this subsection;
(3) any interested person shall have the right to submit to the director written data, personal
opinions and arguments supporting changes to the prevailing wage rate and prevailing fringe
benefit rate determination; and (4) prevailing wage rates and prevailing fringe benefit rates
determined pursuant to the provisions of this section shall be compiled as official records and
kept on file in the director's office and the records shall be updated in accordance with the
applicable rates used in subsequent collective bargaining agreements. C. The prevailing wage
rates and prevailing fringe benefit rates to be paid shall be posted by the contractor or person
acting as a contractor in a prominent and easily accessible place at the site of the work; and it is
further provided that there may be withheld from the contractor, subcontractor, employer or a
person acting as a contractor so much of accrued payments as may be considered necessary by
the contracting officer of the state or political subdivision to pay to laborers and mechanics
employed on the project the difference between the prevailing wage rates and prevailing fringe
benefit rates required by the director to be paid to laborers and mechanics on the work and the
wage rates and fringe benefit rates received by the laborers and mechanics and not refunded to
the contractor, subcontractor, employer
or a person acting as a contractor or the contractor's, subconstractor's, employer's or person's
agents. D. Notwithstanding any other provision of law applicable to public works contracts or
agreements, the director may, with cause: (1) issue investigative or hearing subpoenas for the
production of documents or witnesses pertaining to
public works prevailing wage projects; and (2) attach and prohibit the release of any
assurance of payment required under Section 13-4-18 NMSA 1978 for a reasonable period of
time beyond the time limits specified in that section until the director s resolves any probable
cause to believe a violation of the Public Works Minimum Wage Act or its implementing rules
has taken place. E. The director shall issue rules necessary to administer and accomplish the
purposes of the Public Works Minimum Wage Act."

13-4-13 Every contract within the scope of the Public Works Minimum Wage Act shall contain
further provision that in the event it is found by the director that any laborer or
mechanic employed on the site of the project has been or is being paid as a result of a willful
violation a wage rate or fringe benefit rate less than the rates required, the
contracting agency may, by written notice to the contractor, subcontractor, employer or person
acting as a contractor, terminate the right to proceed with the work or the part of
the work as to which there has been a willful failure to pay the required wages or fringe benefits,
and the contracting agency may prosecute the work to completion by contract or otherwise, and
the contractor or person acting as a contractor and the contractor's or person's sureties shall be
liable to the state for any excess costs occasioned thereby. Any party receiving notice of
termination of a project or subcontract pursuant to the provisions of this section may appeal the
finding of the director as provided in the Public Works Minimum Wage Act."

13-4-13.1 A. Except as otherwise provided in this subsection, in order to submit a bid valued at
more than sixty thousand dollars ($60,000) in order to respond to a
request for proposals or to be considered for award of any portion of a public works project
greater than sixty thousand dollars ($60,000) for a public works project that is subject to the
Public Works Minimum Wage Act, the contractor, serving as a prime contractor or not, shall be
registered with the division. Bidding documents issued or released by a state agency or political
subdivision of the state shall include a clear notification that each contractor, prime contractor or
subcontractor is required to be registered pursuant to this subsection. The provisions of this
section do not apply to
vocational classes in public schools or public post-secondary educational institutions.
B. The state or any political subdivision of the state shall not accept a bid on a public works
project subject to the Public Works Minimum Wage Act from a prime
contractor that does not provide proof of required registration for itself. C. Contractors and
subcontractors may register with the division on a form provided by the division and in
accordance with workforce solutions department rules. The division shall charge an annual
registration fee of two hundred dollars ($200). The division shall issue to the
applicant a certificate of registration within fifteen days after receiving from the applicant the
completed registration form and the registration fee. D. Registration fees collected by the
division shall be deposited in the labor enforcement fund."

13-4-14 A. The director shall certify to the contracting agency the names of persons or firms the
director has found to have disregarded their obligations to employees under the Public Works
Minimum Wage Act and the amount of arrears. The contracting agency shall pay or cause to be
paid to the affected laborers and mechanics, from any accrued payments withheld under the
terms of the contract or designated for the project, any wages or fringe benefits found due to the
workers pursuant to the Public Works Minimum Wage Act. The director shall, after notice to the
affected persons, distribute a list to all departments of the state giving the names of persons or
firms the director has found to have willfully violated the Public Works Minimum Wage Act. No
contract or project shall be awarded to the persons or firms appearing on this list or to any firm,
corporation, partnership or association in which the persons or firms have an interest until three
years have elapsed from the date of publication of the list containing the names of the persons or
firms. A person to be included on the list to be distributed may appeal the finding of the director
as provided in the Public Works Minimum Wage Act. B. If the accrued payments withheld under
           the terms of the contract, as mentioned in Subsection A of this section, are insufficient to
           reimburse all the laborers and mechanics with respect to whom there has been a failure to pay
           the wages or fringe benefits required pursuant to the Public Works Minimum Wage Act, the
           laborers and mechanics shall have the right of action or intervention or both against the
           contractor or person acting as a contractor and the contractor's or person's sureties, conferred by
           law upon the persons furnishing labor and materials, and, in such proceeding, it shall be no
           defense that the laborers and mechanics accepted or agreed to less than the required rate
           of wages or voluntarily made refunds. The director shall refer such matters to the district
           attorney in the appropriate county, and it is the duty and responsibility of the district attorney to
           bring civil suit for wages and fringe benefits due and liquidated damages provided for in
           Subsection C of this section. C. In the event of any violation of the Public Works Minimum
           Wage Act or implementing rules, the contractor, subcontractor, employer or a person acting as a
           contractor responsible for the violation shall be liable to any affected employee for the
           employee's unpaid wages or fringe benefits. In addition, the contractor, subcontractor, employer
           or person acting as a contractor shall be liable to any affected employee for liquidated damages
           beginning with the first day of covered employment in the sum of one hundred dollars ($100) for
           each calendar day on which a contractor, subcontractor, employer or person acting as a
           contractor has willfully required or permitted an individual laborer or mechanic to work in
           violation of the provisions of the Public Works Minimum Wage Act. D. In an action brought
           pursuant to Subsection C of this section, the court may award, in addition to all
           other remedies, attorney fees and costs to an employee adversely affected by a violation of the
           Public Works Minimum Wage Act by a contractor, subcontractor, employer or person acting as
           a contractor."

           13-4-14.1. The "labor enforcement fund" is created in the state treasury. The fund shall consist
           of contractor and subcontractor registration fees collected by the division and all
           investment and interest income from the fund. The fund shall be administered by the division,
           and money in the fund is appropriated to the division for administration and
           enforcement of the Public Works Minimum Wage Act. Money in the fund shall not revert to the
           general fund at the end of a fiscal year."

           13-4-14.2. The director may: A. cancel, revoke or suspend with conditions,
           including probation, the registration of any party required to be registered pursuant to the Public
           Works Minimum Wage Act for failure to comply with the registration provisions or for good
           cause, subject to appeal pursuant to Section 13-4-15 NMSA 1978; and B. seek injunctive relief
           in district court for failure to comply with the registration provisions of the Public Works
           Minimum Wage Act."

           13-4-15. A. Any interested person may appeal any determination, finding or action of the
           director made pursuant to the Public Works Minimum Wage Act to the labor
           and industrial commission sitting as the appeals board by filing notice of the appeal with the
           director within fifteen days after the determination has been issued or notice of the finding or
           action has been given as provided in the Public Works Minimum Wage Act. B. The labor and
           industrial commission, sitting as the appeals board, shall adopt rules as it deems necessary for
           the prompt disposition of appeals. A copy of the rules
           shall be filed with the librarian of the supreme court law library. C. The appeals board, within
           ten days after the filing of the appeal, shall set the matter for an oral hearing within thirty days
           and, following the hearing, shall enter a decision within ten days after the close of the hearing
           and promptly mail copies of the decision to the parties. D. Decisions of the appeals board may
           be appealed pursuant to the provisions of Section 39-3-1.1 NMSA 1978."

           13-4-17. The Public Works Minimum Wage Act shall not affect a contract existing or a contract
           that may be entered into pursuant to invitations for bids that are outstanding at the time of
           enactment of that act."(http://www.dol.state.nm.us/dol_pubwage.html)

           [Editors Note] In February 2003, Santa Fe, New Mexico enacted a minimum wage ordinance.
           Effective January 1, 2009, the ordinance will require all businesses and nonprofit organizations
           with 25 or more employees to pay the minimum wage rate of $9.92 per hour.

           [Editors Note] Effective January 1, 2007 employers are required to pay a minimum wage rate of
           not less than $6.75 per hour for all hours worked within the municipal limits of the city.
           Effective January 1, 2008 will be set at $7.15 per hour effective January 1, 2009 the minimum
           wage rate will increase to $7.50 per hour.
New York   652. Every employer shall pay to each of its employees for each hour worked a wage of not less
           than: $4.25 on and after April 1, 1991; $5.15 on and after March 31, 2000; $6.00 on and after
           January 1, 2005; $6.75 on and after January 1, 2006;$7.15 on and after January 1, 2007; and
           $7.25 on and after July 24, 2009or, if greater, such other wage as may be established by federal
law pursuant to 29 U.S.C. section 206 or its successors or such other wage as may be established
in accordance with the provisions of this article. 2. The minimum wage orders in effect on the
effective date of this act shall remain in full force and effect, except as modified in accordance
with the provisions of this article. Such minimum wage orders shall be modified by the
commissioner to increase all monetary amounts specified therein in the same proportion as the
increase in the hourly minimum wage as provided in subdivision one of this section, including
the amounts specified in such minimum wage orders as allowances for gratuities, and when
urnished by the employer to its employees, for meals, lodging, apparel and other such items,
services and facilities. All amounts so modified shall be rounded off to the nearest five cents.
The modified orders shall be promulgated by the commissioner without a public hearing, and
without reference to a wage board, and shall become effective on the effective date of such
increases in the minimum wage except as otherwise provided in this subdivision,
notwithstanding any other provision of this article. 3. (a) Application of article. This article shall
apply to non-profitmaking institutions. (b) Option available to non-profitmaking institutions. The
provisions of any wage order issued under this article shall not apply, however, to any non-
profitmaking institution which pays and continues to pay to each of its employees in every
occupation a wage, exclusive of allowances, of not less than the minimum wage provided in
subdivision one of this section provided that such institution had certified under oath to the
commissioner, on or before September first, nineteen hundred sixty, that on or before October
first, nineteen hundred sixty it would pay and thereafter intended to pay such wage to each of its
employees in every occupation and provided further that all the provisions of this article have
not become applicable to such institution by operation of paragraph (c) of this subdivision. If
such institution was not organized or did not hire any employees as defined in subdivision five
of section six hundred fifty-one of his chapter before September first, nineteen hundred sixty,
such provisions shall not apply so long as, commencing six months after it was organized, or
first employed such employees it paid and continues to pay such wage to each of its employees
in every occupation, provided that such institution certified under oath within six months after it
was organized or first employed such employees that it would pay and thereafter intended to pay
such wage to each of its employees in every occupation and provided further that all the
provisions of this article have not become applicable to such institution by operation of
paragraph (c) of this subdivision. (c) Termination of option. All the provisions of this article,
including all of the provisions of any wage order issued thereunder which, but for the operation
of paragraph (b) of this subdivision, would apply to any non-profitmaking institution, shall
become fully applicable to such institution sixty days after such institution files a notice with the
commissioner requesting that the provisions of such wage order apply to it, or immediately upon
the issuance of an order by the commissioner finding that such institution has failed to pay the
wages provided in paragraph (b) of this subdivision, but in no event shall any such order
discharge the obligation of such institution to pay the wages provided by paragraph (b) of this
subdivision for any period prior to the issuance of such order. 4. Notwithstanding subdivisions
one and two of this section, the wage for an employee who is a food service worker receiving
tips shall be a cash wage of at least three dollars and thirty cents per hour on or after March
thirty-first, two thousand; three dollars and eighty-five cents on or after January first, two
thousand five; at least four dollars and thirty-five cents on or after January first, two thousand
six; and at least four dollars and sixty cents on or after January first, two thousand seven,
provided that the tips of such an employee, when added to such cash wage, are equal to or
exceed the minimum wage in effect pursuant to subdivision one of this section and provided
further that no other cash wage is established pursuant to section six hundred fifty-three of this
article. In the event the cash wage payable under the Fair Labor Standards Act (29 United States
Code Sec. 203 (m), as amended), is increased after enactment of this subdivision, the cash wage
payable under this subdivision shall automatically be increased by the proportionate increase in
the cash wage payable under such federal law, and will be immediately enforceable as the cash
wage payable to food service workers under this article. 5. Notwithstanding subdivisions one and
two of this section, meal and lodging allowances for a food service worker receiving a cash wage
amounting to three dollars and thirty cents per hour on or after March thirty-first, two thousand;
three dollars and eighty-five cents on or after January first, two thousand five; four dollars and
thirty-five cents on or after January first, two thousand six; and four dollars and sixty cents on or
after January first, two thousand seven, shall not increase more than two-thirds of the increase
required by subdivision two of this section as applied to state wage orders in effect pursuant to
subdivision one of this section.

220 The wages to be paid for a legal day's work, to laborers, workmen or mechanics upon such
public works, shall be not less than the prevailing rate of wages. Serving laborers, helpers,
assistants and apprentices shall not be classified as common labor and shall be paid not less than
the prevailing rate of wages.
(http://www.labor.state.ny.us/business_ny/employer_responsibilities/prevailing_wage_info.html)

[Note: Effective January 1, 2005, the New York city living wage incentive requires low-wage
           workers employed by firms receiving certain service contracts or economic development
           benefits from the City of New York, be paid $10.75 per hour and $1.50 for health insurance, and
           $13.00 per hour without health insurance benefits.

           [Editors Note] The living wage ordinance for Syracuse specifies the formula for updating the
           living wage rates annually on April 1st of each year. The existing wage rates are adjusted based
           on the growth in the annual CPI for all Urban Consumers. Effective April 1, 2006, the
           percentage increase in the CPI for 2005 instead of 2004 is used. Effective April 1, 2006 the new
           living wage rates for Syracuse are $10.08/hr. x 1.036 + $10.44/hr if employer provides benefits
           and $11.91 per hour x 1.036 = $12.34 per hour if the employer does not provide benefits

           [Editors Note] Effective July 1, 2006 the new living wage rate for Suffolk County is $10.02 if
           the employer provides health care benefits and $11.41 per hour if no benefits are provided.
           Living wage rates for child care providers also increases to $9.64 per hour if benefits are
           provided and $10.50 if no benefits are provided.

           [Editor's Note:] Effective March 24, 2007, service contractors and subcontractors in the City of
           Buffalo with contracts of $50,000 or more are required to pay employees a living wage rate of
           $9.59 per hour if employer provides benefits and $10.77 per hour if the employer does not
           provide benefits. Effective January 1, 2008 the living wage rate will increase to $9.90 per hour if
           the employer provides benefits and $11.11 per hour if no benefits are provided.
North      95-25.3 (a) Subject to the provisions of subsection (a1) of this section, every employer shall pay
Carolina   to each employee who in any workweek performs any work, wages of at least seven dollars and
           twenty five cents ($7.25) per hour or the minimum wage set forth in paragraph 1 of section 6(a)
           of the Fair Labor Standards Act, 29 U.S.C. 206(a)(1), as that wage may change from time to
           time, whichever is higher, except as otherwise provided in this section. (a1) The minimum wage
           required by subsection (a) of this section shall be increased on January 1, 2008, and on January 1
           of successive years by the increase in the cost of living. The increase in the cost of living shall be
           measured by the percentage increase of the consumer price index (all urban consumers, U.S. city
           average for all items), CPI U, or its successor index, as calculated by the U.S. Department of
           Labor for the 12 months preceding the previous September 1. The Commissioner shall calculate
           the indexed minimum wage rate. The indexed minimum wage rate shall be calculated to the
           nearest cent ($0.01). (b) In order to prevent curtailment of opportunities for employment, the
           wage rate for full time students, learners, apprentices, and messengers, as defined under the Fair
           Labor Standards Act, shall be ninety percent (90%) of the rate in effect under subsection (a)
           above, rounded to the lowest nickel. (c) The Commissioner, in order to prevent curtailment of
           opportunities for employment, may, by regulation, establish a wage rate less than the wage rate
           in effect under section (a) which may apply to persons whose earning or productive capacity is
           impaired by age or physical or mental deficiency or injury, as such persons are defined under the
           Fair Labor Standards Act. (d) The Commissioner, in order to prevent curtailment of
           opportunities for employment of the economically disadvantaged and the unemployed, may, by
           regulation, establish a wage rate not less than eighty five percent (85%) of the otherwise
           applicable wage rate in effect under subsection (a) which shall apply to all persons (i) who have
           been unemployed for at least 15 weeks and who are economically disadvantaged, or (ii) who are,
           or whose families are, receiving Work First Family Assistance or who are receiving
           supplemental security benefits under Title XVI of the Social Security Act. Pursuant to
           regulations issued by the Commissioner, certificates establishing eligibility for such
           subminimum wage shall be issued by the Employment Security Commission. The regulation
           issued by the Commissioner shall not permit employment at the subminimum rate for a period in
           excess of 52 weeks. (e) The Commissioner, in order to prevent curtailment of opportunities for
           employment, and to not adversely affect the viability of seasonal establishments, may, by
           regulation, establish a wage rate not less than eighty five percent (85%) of the otherwise
           applicable wage rate in effect under subsection (a) which shall apply to any employee employed
           by an establishment which is a seasonal amusement or recreational establishment, or a seasonal
           food service establishment. (f) Tips earned by a tipped employee may be counted as wages only
           up to the amount permitted in section 3(m) of the Fair Labor Standards Act, 29 U.S.C. 203(m), if
           the tipped employee is notified in advance, is permitted to retain all tips and the employer
           maintains accurate and complete records of tips received by each employee as such tips are
           certified by the employee monthly or for each pay period. Even if the employee refuses to certify
           tips accurately, tips may still be counted as wages when the employer complies with the other
           requirements of this section and can demonstrate by monitoring tips that the employee regularly
           receives tips in the amount for which the credit is taken. Tip pooling shall also be permissible
           among employees who customarily and regularly receive tips; however, no employee's tips may
           be reduced by more than fifteen percent (15%) under a tip pooling arrangement.

           95-25.3A (a)Any employer may, in lieu of the minimum wage prescribed by subsections (a)
           through (e) of G.S. 95-25.3, pay an eligible employee a training wage while such employee is:
                 (1) Employed for the period authorized in paragraph (h)(1)c.1. of this section, or (2) Engaged in
                 on-the-job training for the period authorized by paragraph (h)(1)c.2. of this section. This training
                 wage shall be a wage: a. Of not less than three dollars and thirty-five cents ($3.35) per hour
                 beginning January 1,1992; and b. Beginning January 1, 1993, eighty-five percent (85%) of the
                 wage prescribed by G.S. 95-25.3(a). (b) An employer may pay an eligible employee the training
                 wage under subsection (a) of this section for a period that: (1) Begins on or after January 1,
                 1992; (2) Does not exceed the maximum period during which an employee may be paid such
                 wage as determined under sub-subdivision (h)(1)c. of this section; and (3) Ends before April 1,
                 1993. (c) No eligible employee may be paid the training wage under subsection (a) of this
                 section by an employer if: (1) Any other individual has been laid off by such employer from the
                 position to be filled by such eligible employee or from any substantially equivalent position; or
                 (2) Such employer has terminated the employment of any regular employee or otherwise reduced
                 the number of employees with the intention of filling the vacancy so created by hiring an
                 employee to be paid such training wage.

                 [Editor’s note:] Effective July 24, 2009 the minimum wage is $7.25 per hour, the allowable tip
                 credit is $5.12 and the cash wage amount is set at $2.13 per hour.
North Dakota 46-02-07-02. The North Dakota minimum wage shall be no less than seven dollars and twenty
                 five cents per hour and must be paid to all employees in every occupation in the state. The
                 following are exempt from minimum wage and working conditions provided in this chapter: a.
                 Employees of nonprofit camps that are directly youth-related and intended for educational
                 purposes. b. A guide, cook, or camp-tender for a hunting or fishing guide service. c. Golf course
                 caddies. d. Any person in a program for youthful or first-time offenders designed as an
                 alternative to incarceration if the person: (1) Voluntarily enters into the program for personal
                 benefit; (2) Does not displace regular employees or infringe on the employment opportunities of
                 others; (3) Is under the supervision or control of a court; and (4) Performs the work without
                 contemplation of pay. e. Prison or jail inmates who do work for the prison, jail, institution, or
                 other areas directly associated with the incarceration program. The work must be performed for
                 the prison, jail, institution, state, or a political subdivision. f. Actors or extras for a motion
                 picture. g. Any person working on a casual basis for less than twenty hours per week for less
                 than three consecutive weeks in domestic service employment providing baby-sitting services. h.
                 Volunteers as described in this subdivision: (1) Individuals who donate their time and services,
                 usually on a part-time basis, including public service, humanitarian objectives, religious,
                 fraternal, nonprofit, and charitable organizations, not as employees and without contemplation of
                 pay. (2) Individuals who provide services to hospitals or nursing homes to provide support and
                 assistance to families and patients. (3) Regular employees of religious, nonprofit, or charitable
                 organizations may volunteer their services for activities outside of their normal work duties. (4)
                 Residents or patients of shelters, foster care, or other such related establishments may volunteer
                 their services as long as regular employees are not displaced. Student trainees meeting the
                 following six criteria: (1) The training is similar to that in a vocational school. (2) The training is
                 clearly for the benefit of the trainee. (3) The trainee does not displace regular employees. (4) The
                 employer derives no immediate benefit. (5) The trainee is not entitled to a job. (6) The trainee is
                 not entitled to wages. 2. The commissioner may issue subminimum wages for students enrolled
                 in vocational education or related programs as long as the wage is not below eighty-five percent
                 of the current state minimum wage. The process for granting subminimum wages for students
                 includes: a. The student must complete the application for subminimum wage certificate for
                 vocational education students (SFN 51370). The application (SFN 51370) includes: the
                 employee's name, address, and signature; the employer's name, type of business, address, and
                 signature; a description of the job; the pay rate; the vocational education instructor's signature. b.
                 Upon receipt of the application the commissioner may issue a license to pay a subminimum
                 wage to the employee for not more than one year. 3. [Workers with Disabilities.]--The process
                 for granting sub-minimum wages to individuals with disabilities in accordance with North
                 Dakota Century Code section 34-06-15 includes: a. The disabled worker must complete the
                 application for subminimum wage certificate for individuals with disabilities (SFN 51371). The
                 application (SFN 51371) includes: the employee's name, address, and signature; the employer's
                 name, type of business, address, and signature; a description of the job; the prevailing wage; the
                 proposed pay rate; and an analysis of the employee's productive capacity. A physician's signed
                 verification of the disability in relationship to the job duties or existing supporting evidence of
                 the disability must be provided. b.In order to be paid less than the minimum wage,
                 documentation of the employee's commensurate wage rate must be provided to the
                 commissioner and maintained by the employer. Commensurate wages are determined by
                 assessing nondisabled worker productivity, the prevailing wage rate for the same or similar
                 work, and an evaluation of the worker's own efficiency. c. Upon receipt of the application and
                 documentation the commissioner may issue a license to pay a subminimum wage to the
                 employee for not more than one year. d. The worker's commensurate wage rate must be
                 reevaluated by the employer every six months and adjusted accordingly; the employer must
                 maintain all documentation. The commissioner may issue a special license to pay less than the
       minimum wage to nonprofit community rehabilitation programs for the handicapped under
       North Dakota Century Code section 34-06-15. Those programs must conduct a recognized
       program for rehabilitation for handicapped workers or provide paid employment for such
       workers or other occupational rehabilitative activity of an educational or learning nature. Special
       licenses to these programs may be issued after the commissioner receives a copy of the
       application and license from the commensurate federal program for employment of disabled
       workers under special certificates.

       46-02-07-03. 1. A tip credit of thirty-three percent of the minimum wage may be allowed for
       tipped employees. The employer may consider tips as part of wages, but such a tip credit must
       not exceed thirty- three percent of the minimum wage. The employer who elects to use the tip
       credit provision must inform the employee in advance and must maintain written records
       showing that the employee receives at least the minimum wage when direct wages and the tip
       credit allowance are combined. 2. Tip pooling is allowed only among the tipped employees. A
       vote of tipped employees to allow tip pooling must be taken, and fifty percent plus one of all
       tipped employees must approve it. The employer must maintain a written record of each vote on
       tip pooling, including names of employees voting and the vote totals. A vote on whether to pool
       tips is required if requested by fifty-one percent or more of the tipped employees. The tipped
       employees shall provide documentation verifying the request. Time spent in meetings called by
       the employees exclusively for tip issues is not work-time. 3.Tipped employees employed in the
       nonprofit gaming industry means all employees who are employed as gaming attendants by a
       gaming organization licensed under North Dakota Century Code section 53-06.1-03. a. Gaming
       sites that regularly have four or fewer tipped employees on duty can require tip pooling among
       all tipped employees at the site. b. A gaming organization licensed under North Dakota Century
       Code section 53-06.1-03 may require tip pooling by blackjack (twenty-one) dealers at an
       authorized site as provided in North Dakota century Code 53-06.1.10. This tip-pooling
       requirement only pertains to any employee, pit boss, or supervisor when actually dealing
       blackjack (twenty-one). c. Pit bosses or supervisors at gaming sites are not tipped employees and
       cannot be part of the tip pool when performing functions of those positions other than dealing
       blackjack (twenty-one).

       34-06-15. The commissioner may issue to an employee whose productive capacity for the work
       to be performed is impaired by physical or mental disability, or to any student or learner enrolled
       in a vocational education or related program, a special license authorizing the employment of
       that licensee at less than the minimum wage. The commissioner may also issue special licenses
       to community rehabilitation programs for the handicapped which engage in the occupation and
       responsibility of representing and placing for the purpose of training, learning, or employment of
       those employees whose productive capacity for the work to be performed is impaired by
       physical or mental disability. The commissioner shall issue such licenses under rules adopted by
       the commissioner.
Ohio   4111.01 "Employer" is any governmental entity, business association, or person or group of
       persons acting in the interest of an employer in relation to an employee. "Employee" is any
       individual employed by an employer, but does not included individuals employed: by the United
       States; as a baby sitter or live-in companion (whose principal duties do not include
       housekeeping); in outside sales compensated by commissions; in services of a charitable nature;
       at a camp or recreational area for minors, if operated by a nonprofit organization; employees of a
       solely family owned and operated business who are family members of an owner. "Wage" is
       compensation due to an employee by reason of his employment, payable in legal tender or check
       on banks convertible to cash, including direct deposit. Wages also include the reasonable cost to
       employers for furnishing to an employee board, lodging, or other facilities, if customarily
       furnished. "Overtime" shall be paid at one and one-half the employee's wage rate for hours
       worked over 40 in a pre-established work week, consisting of not more than seven consecutive
       days. "Pay Period" employees are entitled to wages no less than on or before the 15th and 30th
       of each month.

       4111.02 Every employer, as defined in Section 34a of Article II, Ohio Constitution, shall pay
       each of the employer's employees at a wage rate of not less than $7.30 per hour for non-tipped
       employees and $3.65 per hour for tipped employees as specified in Section 34a of Article II,
       Ohio Constitution. The director of commerce annually shall adjust the wage rate as specified in
       Section 34a of Article II, Ohio Constitution. As used in this section, "employee" has the same
       meaning as in section 4111.14 of the Revised Code. The Director of the Ohio Department of
       Commerce, pursuant to Ohio Revised Code section 4111.06, may authorize a special license for
       payment of less than the applicable minimum wage rate for those employing disabled workers.
       This is done by means of obtaining one of the following types of licenses: Work Activity Center
       Programs; Sheltered Workshop Program; On-The-Job Training Temporary Individual;
Individual Regular Business or Industry; or Individual Program Rate in a Facility.

4111.07 The director of commerce may adopt rules under section 4111.05 of the Revised Code,
permitting employment of apprentices at a wage rate not less than eighty-five per cent of the
minimum wage rate applicable under sections 4111.01 to 4111.17 of the Revised Code. The
rules shall provide for licenses to be issued for periods not to exceed ninety days and authorizing
employment at the wages of specific individuals or groups of employees, or by specific
employers or groups of employers, pursuant to the rules.

4111.06 In order to prevent curtailment of opportunities for employment, to avoid undue
hardship, and to safeguard the minimum wage rates under sections 4111.01 to 4111.17 of the
Revised Code, the director of commerce shall adopt rules under section 4111.05 of the Revised
Code, permitting employment in any occupation at wages lower than the wage rates applicable
under sections 4111.01 to 4111.17 of the Revised Code, of individuals whose earning capacity is
impaired by physical or mental deficiencies or injuries. The rules shall provide for licenses to be
issued authorizing employment at the wages of specific individuals or groups of employees, or
by specific employers or groups of employers, pursuant to the rules. The rules shall not conflict
with the "Americans with Disabilities Act of 1990," 104 Stat. 328, 42 U.S.C.A. 12111, et seq.

4111.01 "Wage" also includes the reasonable cost to the employer of furnishing to an employee
board, lodging, or other facilities, if the board, lodging, or other facilities are customarily
furnished by the employer to the employer's employees. The cost of board, lodging, or other
facilities shall not be included as part of wage to the extent excluded therefrom under the terms
of a bona fide collective bargaining agreement applicable to the employee.

122.452 The director of development shall not enter into any agreement for granting a loan or
insuring a mortgage unless the agreement specifies that all wages paid to laborers and mechanics
employed for work on such projects shall be paid at the prevailing rates of wages of laborers and
mechanics for the class of work called for by such project, which wages shall be determined in
accordance with the requirements of Chapter 4115. of the Revised Code for determination of
prevailing wage rates, provided that the requirements of this section do not apply where the
federal government or any of its agencies furnishes by loan or grant all or any part of the funds
used in connection with such project and prescribes predetermined minimum wages to be paid to
such laborers and mechanics; and providing further that should a nonpublic user beneficiary of
the project undertake, as part of the project, construction to be performed by its regular
bargaining unit, employees who are covered under a collective bargaining agreement which was
in existence prior to the date of the commitment instrument undertaking to insure a mortgage or
grant a loan then, in that event, the rate of pay provided under the collective bargaining
agreement may be paid to such employees.
(http://198.234.41.198/w3/webwh.nsf?Opendatabase)

4115.05 The prevailing rate of wages to be paid for a legal day’s work, as prescribed in section
4115.04 of the Revised Code, to laborers, workers, or mechanics upon public works shall not be
less at any time during the life of a contract for the public work than the prevailing rate of wages
then payable in the same trade or occupation in the locality where such public work is being
performed, under collective bargaining agreements or understandings, between employers and
bona fide organizations of labor in force at the date the contract for the public work, relating to
the trade or occupation, was made, and collective bargaining agreements or understandings
successor thereto. Serving laborers, helpers, assistants and apprentices shall not be classified as
common labor and shall be paid not less at any time during the life of a contract for the public
work than the prevailing rate of wages then payable for such labor in the locality where the
public work is being performed, under or as a result of collective bargaining agreements or
understandings between employers and bona fide organizations of labor in force at the date the
contract for the public work, requiring the employment of serving laborers, helpers, assistants, or
apprentices, was made, and collective bargaining agreements or understandings successor
thereto. Apprentices will be permitted to work only under a bona fide apprenticeship program if
such program exists and is registered with the Ohio apprenticeship council.The allowable ratio
of apprentices to skilled workers permitted to work shall not be greater than the ratio allowed the
contractor or subcontractor in the collective bargaining agreement or understanding referred to in
this section under which the work is being performed. In the event there is no such collective
bargaining agreement or understanding in the immediate locality, then the prevailing rates of
wages in the nearest locality in which such collective bargaining agreements or understandings
are in effect shall be the prevailing rate of wages, in such locality, for the various occupations
covered by sections 4115.03 to 4115.16 of the Revised Code.The prevailing rate of wages to be
paid for a legal day’s work, to laborers, workers, or mechanics, upon any material to be used in
or in connection with a public work, shall be not less than the prevailing rate of wages payable
for a day’s work in the same trade or occupation in the locality within the state where such
           public work is being performed and where the material in its final or completed form is to be
           situated, erected, or used. Every contract for a public work shall contain a provision that each
           laborer, worker, or mechanic, employed by such contractor, subcontractor, or other person about
           or upon such public work, shall be paid the prevailing rate of wages provided in this section. No
           contractor or subcontractor under a contract for a public work shall sublet any of the work
           covered by such contract unless specifically authorized to do so by the contract. Where contracts
           are not awarded or construction undertaken within ninety days from the date of the establishment
           of the prevailing rate of wages, there shall be a redetermination of the prevailing rate of wages
           before the contract is awarded. Upon receipt from the director of commerce of a notice of a
           change in prevailing wage rates, a public authority shall, within seven working days after receipt
           thereof, notify all affected contractors and subcontractors with whom the public authority has
           contracts for a public improvement of the changes and require the contractors to make the
           necessary adjustments in the prevailing wage rates. If the director determines that a contractor or
           subcontractor has violated sections 4115.03 to 4115.16 of the Revised Code because the public
           authority has not notified the contractor or subcontractor as required by this section, the public
           authority is liable for any back wages, fines, damages, court costs, and attorney’s fees associated
           with the enforcement of said sections by the director for the period of time running until the
           public authority gives the required notice to the contractor or subcontractor. On the occasion of
           the first pay date under a contract, the contractor or subcontractor shall furnish each employee
           not covered by a collective bargaining agreement or understanding between employers and bona
           fide organizations of labor with individual written notification of the job classification to which
           the employee is assigned, the prevailing wage determined to be applicable to that classification,
           separated into the hourly rate of pay and the fringe payments, and the identity of the prevailing
           wage coordinator appointed by the public authority. The contractor or subcontractor shall furnish
           the same notification to each affected employee every time the job classification of the employee
           is changed.

           4115.06 Contract to contain provision requiring payment of certain wage rate.

           In all cases where any public authority fixes a prevailing rate of wages under section 4115.04 of
           the Revised Code, and the work is done by contract, the contract executed between the public
           authority and the successful bidder shall contain a provision requiring the successful bidder and
           all his subcontractors to pay a rate of wages which shall not be less than the rate of wages so
           fixed. The successful bidder and all his subcontractors shall comply strictly with the wage
           provisions of the contract.

           Where a public authority constructs a public improvement with its own forces, such public
           authority shall pay a rate of wages which shall not be less than the rate of wages fixed as
           provided in section 4115.04 of the Revised Code, except in those instances provided for in
           sections 723.52, 5517.02, 5575.01, and 5543.19 of the Revised Code.

           [Editors Note] Effective July 1, 2006 the new living wage rate for Lakewood is $10.28 per hour
           if health care benefits are provided and $11.39 per hour if no benefits are provided.
Oklahoma   197.2 Except as otherwise provided in the Oklahoma Minimum Wage Act [Sec. 197.1 et seq.],
           no employer within the State of Oklahoma shall pay any employee a wage of less than the
           current federal minimum wage of $7.25 for all hours worked.

           197.5. Every employer shall pay to each of his employees who have reached eighteen (18) years
           of age wages at a rate of not less than Two Dollars ($2.00) per hour. Regardless of other
           provisions of the Oklahoma Minimum Wage Act [Sec. 197.1 et seq.], every employee of the
           State of Oklahoma or any lessee or concessionaire thereof is hereby specifically covered by the
           Oklahoma Minimum Wage Act.

           197.11. The Commissioner, to the extent necessary in order to prevent curtailment of
           opportunities for employment, shall by regulations provide for: (a) the employment of learners,
           of apprentices, and of messengers employed primarily in delivering letters and messages, under
           special certificates issued pursuant to regulations of the Commissioner, at such wages lower than
           the minimum wage applicable and subject to such limitations as to time, number, proportion, and
           length of service as the Commissioner shall prescribe; and (b) the employment of individuals
           whose earning capacity is impaired by age or physical or mental deficiency or injury, under
           special certificates issued by the Commissioner, at such wages lower than the minimum wage
           and for such period as shall be fixed in such certificates; and (c) any individual employed by any
           state, county, city, town, municipal corporation or quasi-municipal corporation, political
           subdivision, or any instrumentality thereof; and (d) students and regular attendants at any
           institution of higher learning, either public or private.
         197.16. To compute the minimum wage of any employee coming within the purview of this act,
         credit toward the minimum required wage must be given for any tips or gratuities, meals or
         lodging received by the employee up to but not exceeding fifty percent (50%) of said wage.

         197.17. Business establishments that furnish uniforms to their employees may take credit against
         the minimum wage in an amount equal to the reasonable cost of furnishing the uniforms.
Oregon   653.025. 1) Except as provided by ORS 652.020 and the rules of the Commissioner of the
         Bureau of Labor and Industries issued under ORS 653.030 and 653.261, for each hour of work
         time that the employee is gainfully employed, no employer shall employ or agree to employ any
         employee at wages computed at a rate lower than $8.40 per hour for calendar year 2009 (2) (a)
         The Oregon minimum wage shall be adjusted annually for inflation, as provided in subsection
         (2) (b) below. (b) No later than September 30 of each year, beginning in calendar year 2003, the
         commissioner shall calculate an adjustment of the wage amount specified in subsection (1) of
         this section based upon the increase (if any) from August of the preceding year to August of the
         year in which the calculation is made in the U.S. City Average Consumer price Index for All
         Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United
         States Department of Labor or its successor.(c) The wage amount established under this
         subsection shall:(A) Be rounded to the nearest five cents; and (B) Become effective as the new
         Oregon minimum wage, replacing the dollar figure specified in ORS 653.025(1), on January 1 of
         the following year.

         653.035 (1) Employers may deduct from the minimum wage to be paid employees under ORS
         653.025, 653.030 or 653.261, the fair market value of lodging, meals or other facilities or
         services furnished by the employer for the private benefit of the employee. (2) Employers may
         include commission payments to employees as part of the applicable minimum wage for any pay
         period in which the combined wage and commission earnings of the employee will comply with
         ORS 653.010 to 653.261. In any pay period where the combined wage and commission
         payments to the employee do not add up to the applicable minimum wage under ORS 653.010 to
         653.261, the employer shall pay the minimum rate as prescribed in ORS 653.010 to 653.261. (3)
         Employers, including employers regulated under the Federal Fair Labor Standards Act, may not
         include any amount received by employees as tips in determining the amount of the minimum
         wage required to be paid by ORS 653.010 to 653.261.

         653.070 (1) As used in this section: (a) "Bona fide professional training program" includes any
         professional training program approved by the Superintendent of Public Instruction pursuant to
         rules of the State Board of Education which provides for part-time employment training which
         may be scheduled for a part of the workday or workweek, for alternating weeks or for other
         limited periods during the year, supplemented by and integrated with a definitely organized plan
         of instruction designed to teach technical knowledge and related information given as a regular
         part of the student-learner's course by an accredited school, college or university. (b) "Student-
         learner" means a student who is receiving instruction in an accredited school, college or
         university and who is employed on a part-time basis, pursuant to a bona fide professional
         training program. (2) Notwithstanding ORS 653.025, employers shall pay student-learners at
         least 75 percent of the minimum wage prescribed by ORS 653.025. (3) The number of hours of
         employment training for a student-learner at subminimum wages, when added to the hours of
         school instruction, shall not exceed eight hours on any day or 40 hours in any week. (4) The
         Commissioner of the Bureau of Labor and Industries may adopt rules prescribing the procedures
         and requirements for application and issuance of special certificates authorizing the employment
         of student-learners at subminimum wages. The rules shall require that the following conditions
         be satisfied before the issuance of such special certificates: (a) The employment of the student-
         learner at subminimum wages authorized by the special certificate must be necessary to prevent
         curtailment of opportunities for employment. (b) The occupation for which the student-learner is
         receiving preparatory training must require a sufficient degree of skill to necessitate a substantial
         learning period. (c) The training must not be for the purpose of acquiring manual dexterity and
         high production speed in repetitive operations. (d) The employment of a student-learner must not
         have the effect of displacing a worker employed in the establishment. (e) The employment of the
         student-learners at subminimum wages must not tend to impair or depress the wage rates or
         working standards established for experienced workers for work of a like or comparable
         character. (f) The occupational needs of the community or industry warrant the training of
         student-learners.(g) There are no serious outstanding violations of the provisions of a student-
         learner certificate previously issued to the employer, or serious violations of any other provisions
         of law by the employer which provide reasonable grounds to conclude that the terms of the
         certificate would not be complied with, if issued. (h) The issuance of such a certificate would not
         tend to prevent the development of apprenticeship under ORS chapter 660 or would not impair
         established apprenticeship standards in the occupation or industry involved. (i) The number of
         student-learners to be employed in one establishment must not be more than a small proportion
of its working force.

279.350 Workers on public works to be paid not less than prevailing rate of wage; posting of
rates and health and welfare plan provisions.--(1) The hourly rate of wage to be paid by any
contractor or subcontractor to workers upon all public works shall be not less than the prevailing
rate of wage for an hour's work in the same trade or occupation in the locality where such labor
is performed. The obligation of a contractor or subcontractor to pay the prevailing rate of wage
may be discharged by making the payments in cash, by the making of contributions of a type
referred to in ORS 279.348(4)(a), or by the assumption of an enforceable commitment to bear
the costs of a plan or program of a type referred to in ORS 279.348(4)(b), or any combination
thereof, where the aggregate of any such payments, contributions and costs is not less than the
prevailing rate of wage. (http://www.boli.state.or.us/wage/whprev.html)

653.025. 1) Except as provided by ORS 652.020 and the rules of the Commissioner of the
Bureau of Labor and Industries issued under ORS 653.030 and 653.261, for each hour of work
time that the employee is gainfully employed, no employer shall employ or agree to employ any
employee at wages computed at a rate lower than: For calendar years after December 31, 1998,
and before January 1, 2003, $6.50. For calendar year 2003, $6.90. For calendar year 2004, a rate
of $7.05 per hour. For calendar year 2005, a rate of $7.25 per hour. For calendar year 2006, a
rate of $7. 50(2) (a) The Oregon minimum wage shall be adjusted annually for inflation, as
provided in subsection (2) (b) below. (b) No later than September 30 of each year, beginning in
calendar year 2003, the commissioner shall calculate an adjustment of the wage amount
specified in subsection (1) of this section based upon the increase (if any) from August of the
preceding year to August of the year in which the calculation is made in the U.S. City Average
Consumer price Index for All Urban Consumers for All Items as prepared by the Bureau of
Labor Statistics of the United States Department of Labor or its successor.(c) The wage amount
established under this subsection shall:(A) Be rounded to the nearest five cents; and (B) Become
effective as the new Oregon minimum wage, replacing the dollar figure specified in ORS
653.025(1), on January 1 of the following year.

[Editors Note:] Effective July 1, 2007 contractors in the city of Corvallis wit contracts for
services in excess of $10,000 in any 12-month period, are required to pay a living wage rate or a
combination of wages and healthcare benefits totaling at least $10.72 per hour.

[Editors Note] Effective July 1, 2006 the living wage rate for the City of Corvallis is set at
$10.47 per hour.

839-025-0700 (1) Pursuant to ORS 279C.815, the Commissioner of the Bureau of Labor and
Industries has determined that the wage rates stated in publications of the Bureau of Labor and
Industries entitled Prevailing Wage Rates on Public Works Contracts in Oregon and Prevailing
Wage Rates for Public Works Contracts in Oregon subject to BOTH the state PWR and federal
Davis-Bacon Act dated January 1, 2009, are the prevailing rates of wage for workers upon public
works in each trade or occupation in the locality where work is performed for the period
beginning January 1, 2009, and the effective dates of the applicable special wage determination
and rates amendments: (a) Amendments/Corrections to January 1, 2009 PWR Rates for Public
Works Contracts in Oregon subject to BOTH State PWR Law and federal Davis-Bacon Act
(reflecting changes to Davis-Bacon rates effective December 19, 2008).                       (b)
Amendments/Corrections to January 1, 2009 PWR Rates for Public Works Contracts in Oregon
subject to BOTH State PWR Law and federal Davis-Bacon Act (reflecting changes to Davis-
Bacon rates effective January 2, 2009). (c) Amendments/Corrections to January 1, 2009 PWR
Rates for Public Works Contracts in Oregon subject to BOTH State PWR Law and federal
Davis-Bacon Act (reflecting changes to Davis-Bacon rates effective February 6, 2009). (d)
Amendments/Corrections to January 1, 2009 PWR Rates for Public Works Contracts in Oregon
subject to BOTH State PWR Law and federal Davis-Bacon Act (reflecting changes to Davis-
Bacon rates effective March 13, 2009). (e) Amendments/Corrections to January 1, 2009 PWR
Rates for Public Works Contracts in Oregon subject to BOTH State PWR Law and federal
Davis-Bacon Act (reflecting changes to Davis-Bacon rates effective March 20, 2009). (f)
Amendment to Oregon Determination 2009-01 (effective April 1, 2009).                         (g)
Amendments/Corrections to January 1, 2009 PWR Rates for Public Works Contracts in Oregon
subject to BOTH State PWR Law and federal Davis-Bacon Act (reflecting changes to Davis-
Bacon rates effective April 1, 2009). (h) Amendments/Corrections to January 1, 2009 PWR
Rates for Public Works Contracts in Oregon subject to BOTH State PWR Law and federal
Davis-Bacon Act (reflecting changes to Davis-Bacon rates effective June 5, 2009). (2) Copies of
Prevailing Wage Rates on Public Works Contracts in Oregon and Prevailing Wage Rates for
Public Works Contracts in Oregon subject to BOTH the state PWR and federal Davis-Bacon Act
dated January 1, 2009, are available from any office of the Wage and Hour Division of the
Bureau of Labor and Industries. The offices are located in Eugene, Medford, Portland and Salem
and are listed in the blue pages of the phone book. Copies are also available on the bureau’s
webpage at www.oregon.gov/boli or may be obtained from the Prevailing Wage Rate
Coordinator, Prevailing Wage Rate Unit, Wage and Hour Division, Bureau of Labor and
Industries, 800 NE Oregon Street #1045, Portland, Oregon 97232; (971) 673-0839.
Pennsylvania (a) Every employer shall pay to each of his or her employees wages for all hours worked at a rate
                  of not less than: (1) Two dollars sixty-five cents ($2.65) an hour upon the effective date of this
                  amendment. (2) Two dollars ninety cents ($2.90) an hour during the year beginning January 1,
                  1979. (3) Three dollars ten cents ($3.10) an hour during the year beginning January 1, 1980. (4)
                  Three dollars thirty-five cents ($3.35) an hour after December 31, 1980. (5) Three dollars
                  seventy cents ($3.70) an hour beginning February 1, 1989, and thereafter. (6) Five dollars fifteen
                  cents ($5.15) an hour beginning September 1, 1997. (7) Six dollars twenty-five cents ($6.25) an
                  hour beginning January 1, 2007. (8) Seven dollars fifteen cents ($7.15) an hour beginning July 1,
                  2007 (9) seven dollars and twenty five-cents ($7.25) an hour beginning July 24, 2009. (a.1) If
                  the minimum wage set forth in the Fair Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C.
                  §201 et seq.) is increased above the minimum wage required under this section, the minimum
                  wage required under this section shall be increased by the same amounts and effective the same
                  date as the increases under the Fair Labor Standards Act, and the provisions of subsection (a) are
                  suspended to the extent they differ from those set forth under the Fair Labor Standards Act. (b)
                  The secretary, to the extent necessary to prevent curtailment of employment opportunities, shall
                  by regulations provide for the employment of learners and students, under special certificates at
                  wages lower than the minimum wage applicable under this section, and subject to such
                  limitations as to number, proportion and length of service as the secretary shall prescribe:
                  Provided, That the minimum wage prescribed under this subsection (b) shall not be less than
                  eighty-five percent of the otherwise applicable wage rate in effect under section 4. A special
                  certificate issued under this subsection shall provide that for six or less students for whom it is
                  issued shall, except during vacation periods, be employed on a part-time basis and not in excess
                  of twenty hours in any workweek at a sub-minimum rate. In the case of an employer who intends
                  to employ seven or more students, at a sub-minimum rate, the secretary may issue a special
                  certificate only if the employer certifies to the secretary that employment of such students will
                  not create a substantial probability of reducing the full-time employment opportunities for other
                  workers. (c) Employees shall be paid for overtime not less than one and one-half times the
                  employee's regular rate as prescribed in regulations promulgated by the secretary: Provided, That
                  students employed in seasonal occupations as defined and delimited by regulations promulgated
                  by the secretary may, by such regulations, be excluded from the overtime provisions of this act:
                  And provided further, That the secretary shall promulgate regulations with respect to overtime
                  subject to the limitations that no pay for overtime in addition to the regular rate shall be required
                  except for hours in excess of forty hours in a workweek. (d) An employee whose earning
                  capacity is impaired by physical or mental deficiency or injury may be paid less than the
                  applicable minimum wage if either a license specifying a wage rate commensurate with the
                  employee's productive capacity has been obtained by the employer from the secretary or a
                  Federal certificate is obtained under section 14(c) of the Fair Labor Standards Act of 1938 (52
                  Stat. 1060, 29 U.S.C. §201 et seq.). A license obtained from the secretary shall be granted only
                  upon joint application of employer and employee. (e) In lieu of the minimum wage prescribed in
                  subsection (a) and section 5(c) and notwithstanding subsections (b) and (d), an employer may,
                  during the first sixty calendar days when an employee under the age of twenty years is initially
                  employed, pay the employee training wages at a rate of not less than the minimum wage set forth
                  in section 6(a) of the Fair Labor Standards Act (29 U.S.C. § 206(a)). A person employed at the
                  training wage under this subsection shall be informed of the amount of the training wage and the
                  right to receive the full minimum wage, or a higher wage, upon completion of the training
                  period. No employer may take any action to displace existing employees, including partial
                  displacements such as reduction in the hours, wages or employment benefits of existing
                  employees, for purposes of hiring individuals at the training wage authorized by this subsection.
                  (4 amended July 9, 2006, P.L.1077, No.112) Section 5. (a) Employment in the following
                  classifications shall be exempt from both the minimum wage and overtime provisions of this act:
                  (1) Labor on a farm; (2) Domestic services in or about the private home of the employer; (3)
                  Delivery of newspapers to the consumer; (4) In connection with the publication of any weekly,
                  semiweekly, or daily newspaper with a circulation of less than four thousand, the major part of
                  which circulation is within the county where published or counties contiguous thereto; (5) In a
                  bona fide executive, administrative, or professional capacity (including any employee employed
                  in the capacity of academic administrative personnel or teacher in elementary or secondary
                  schools) or in the capacity of outside salesman (as such terms are defined and delimited from
                  time to time by regulations of the secretary, except that an employee of a retail or service
                  establishment shall not be excluded from the definition of employee employed in a bona fide
                  executive or administrative capacity because of the number of hours in his or her workweek
                  which he or she devotes to activities not directly or closely related to the performance of
                  executive administrative activities, if less than forty percent of his or her hours worked in the
                  workweek are devoted to such activities); (6) In the activities of an educational, charitable,
                  religious or nonprofit organization where the employer-employee relationship does not in fact
                  exist or where the services are rendered to such organization gratuitously; (7) In seasonal
                  employment, if the employee is under eighteen years of age, or if a student under twenty-four
                  years of age, by a nonprofit health or welfare agency engaged in activities dealing with
                  handicapped or exceptional children or by a nonprofit day or resident seasonal recreational camp
                 for campers under the age of eighteen years, which operates for a period of less than three
                 months in any one year; (8) ((8) repealed Dec. 15, 1988, P.L. 1232, No. 150) (9) In employment
                 by an establishment which is a public amusement or recreational establishment, organized camp,
                 or religious or nonprofit educational conference center, if (i) it does not operate for more than
                 seven months in any calendar year, or (ii) during the preceding calendar year, its average receipts
                 of any six months of such year were not more than thirty-three and one-third percent of its
                 average receipts for the other six months of such year; (10) Golf caddy; (11) In employment as a
                 switchboard operator employed by an independently owned public telephone company which
                 has not more than seven hundred and fifty stations; (12) Employees not subject to civil service
                 laws who hold elective office or are on the personal staff of such an officeholder, are immediate
                 advisers to him or her, or are appointed by him or her to serve on a policy-making level. (b)
                 Employment in the following classifications shall be exempt from the overtime provisions of this
                 act: (1) Seaman; (2) Any salesman, partsman, or mechanic primarily engaged in selling and
                 servicing automobiles, trailers, trucks, farm implements, or aircraft if employed by a
                 nonmanufacturing establishment primarily engaged in the business of selling such vehicles to
                 ultimate purchasers; (3) Any driver employed by an employer engaged in the business of
                 operating taxicabs; (4) Any employee employed as an announcer, news editor, or chief engineer
                 by a radio or television station, the major studio of which is located (i) in a city or town of one
                 hundred thousand population or less, according to the latest available decennial census figures as
                 compiled by the Bureau of the Census, except where such city or town is part of a standard
                 metropolitan statistical area, as defined and designated by the Bureau of the Budget, which has a
                 total population in excess of one hundred thousand, or (ii) in a city or town of twenty-five
                 thousand population or less, which is part of such an area but is at least forty airline miles from
                 the principal city in such area; (5) Any employee engaged in the processing of maple sap into
                 sugar (other than refined sugar) or syrup; (6) Employment by an establishment which is a motion
                 picture theatre; (7) Any employee of a motor carrier with respect to whom the Federal Secretary
                 of Transportation has power to establish qualifications and maximum hours of service under 49
                 U.S.C. §3102(b)(1) and (2) (relating to requirements for qualifications, hours of service, safety
                 and equipment standards). (c) (1) Notwithstanding the provisions of section 4(a)(7) and (8), an
                 employer unless otherwise exempt from the minimum wage provisions of section 4(a)(6) whose
                 employee complement is composed of the equivalent of ten or less full-time employees to be
                 calculated on a forty-hour workweek shall pay: (i) Five dollars sixty-five cents ($5.65) an hour
                 beginning January 1, 2007. (ii) Six dollars sixty-five cents ($6.65) an hour beginning July 1,
                 2007. (2) Such employer shall pay the full amount of the minimum wage under section 4(a)(8)
                 beginning July 1, 2008.

                 [Editors Note] The new living wage rate for the city of Philadelphia is $7.73 per hour.
Rhode Island 28-12-3. Minimum wages. -- (a) Every employer shall pay to each of his or her employees:
                 commencing July 1, 1999, at least the minimum wage of five dollars and sixty five cents ($5.65)
                 per hour. Commencing September 1, 2000, the minimum wage is six dollars and fifteen cents
                 ($6.15) per hour. (b) Commencing January 1, 2004, the minimum wage is six dollars and
                 seventy-five cents ($6.75) per hour. (c) Commencing January 1, 2006, the minimum wage is
                 seven dollars and twenty-five cents ($7.25) per hour. (d) Commencing January 1, 2007, the
                 minimum wage is seven dollars and seventy- five cents ($7.75) per hour. (e) Commencing
                 January 1, 2008 and every January 1 thereafter, the minimum wage shall be adjusted by a cost-
                 of-living index as calculated for the northeast region of the United States Department of Labor
                 for the previous annual period of September 1 through August 30.

                 28-12-5 a) Every employer shall pay to each of his or her employees who are engaged in any
                 work or employment in which gratuities have customarily and usually constituted a part of his or
                 her weekly income the rate as provided by sections 28-12-3 and 28-12-3.1. (b) Allowance for
                 gratuities as part of the hourly wage rate for restaurants, hotels, and other industries except
                 taxicabs and limited public motor vehicles shall be an amount equal to the applicable minimum
                 wage rates as provided by sections 28-12-3 and 28-12-3.1 less two dollars and eighty-nine cents
                 ($2.89) per hour. Gratuities shall mean voluntary monetary compensation received directly or
                 indirectly by the employee for services rendered. In the case of taxicabs and limited public
                 vehicles, the allowance for gratuities as part of the minimum rates as provided in section 28-12-3
                 shall not exceed twenty-five cents (25/c) per hour until December 31, 1996. (c) Each employer
                 desiring to deduct from wages paid to an employee for gratuities as part of the minimum wage
                 rates as provided in sections 28-12-3 and 28-12-3.1 shall provide substantial evidence that the
                 amount is as set out in the formula in (b), however, the cash wage shall not be less than two
                 dollars and eighty-nine cents ($2.89) per hour. The director of labor and training shall notify
                 employers concerning what type of proof will be accepted as substantial evidence for the
                 purpose of this subsection. Employees involved are entitled to a hearing on the question of the
                 amount of deduction if they desire. (d) In cases where wages are figured by the employer on an
                 incentive basis in such a manner that an employee of reasonable average ability earns at least the
                 minimum wage established by sections 28-12-3 and 28-12-3.1, it shall be taken that the
                  employer has complied with this statute. It shall be of no concern to the director of labor and
                  training how the employer arrives at its wage scale so long as it is not unreasonable in its
                  demands on the employee. (e) Where, in the case of the employment of a full-time student who
                  has not attained his or her nineteenth (19th) birthday engaged in the activities of a nonprofit
                  association or corporation, whose aims and objectives are of a religious, educational, librarial, or
                  community service in nature, the employer-employee relationship does exist the employer shall
                  pay to each such employee wages at a rate of not less than ninety percent (90%) of the minimum
                  wage as specified in section 28-12-3. In case of any conflict between provisions of this section
                  and those of section 28-12-3.1, the provisions of section 28-12-3.1 shall govern.

                  28-12-9 Individuals whose earning capacity is impaired by physical or mental disability may be
                  employed in any occupation at wages lower than the wage rates applicable under this chapter.
                  The director of labor and training may provide for such employment by regulation, after public
                  hearing at which any person may be heard, as he or she may find appropriate to prevent
                  curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the
                  applicable wage rates under this chapter. No employee shall be employed at wages fixed
                  pursuant to this section except under a special license issued under applicable regulations of the
                  director of labor and training.

                  28-12-10 Notwithstanding any order or regulation previously issued under chapter 289 of the
                  general laws of 1938, as amended, learners and apprentices may be employed in an occupation at
                  wages lower than the wage rates applicable under this chapter for learners and apprentices. The
                  director of labor and training may provide for such employment by regulation, after a public
                  hearing at which any employee may be heard, as he or she finds appropriate to prevent
                  curtailment of opportunities for employment, and to safeguard the wage rates applicable under
                  this chapter. No employee shall be employed at wages fixed pursuant to this section except
                  under special license issued under applicable regulation of the director of labor. After a learner
                  or apprentice has been employed for ninety (90) days, he or she shall be paid the rate provided in
                  §28-12-3, notwithstanding any order or administrative regulation previously issued under
                  chapter 289 of the general laws of 1938.

                  37-13-7 a) Every call for bids for every contract in excess of one thousand dollars ($1,000), to
                  which the state of Rhode Island or any political subdivision thereof or any public agency or
                  quasi-public agency is a party, for construction, alteration, and/or repair, including painting and
                  decorating, of public buildings or public works of the state of Rhode Island or any political
                  subdivision thereof, or any public agency or quasi-public agency and which requires or involves
                  the employment of employees, shall contain a provision stating the minimum wages to be paid
                  various types of employees which shall be based upon the wages that will be determined by the
                  director of labor and training to be prevailing for the corresponding types of employees
                  employed on projects of a character similar to the contract work in the city, town, village, or
                  other appropriate political subdivision of the state of Rhode Island in which the work is to be
                  performed. Every contract shall contain a stipulation that the contractor or his or her
                  subcontractor shall pay all the employees employed directly upon the site of the work,
                  unconditionally and not less often than once a week, and without subsequent deduction or rebate
                  on any account, the full amounts accrued at time of payment computed at wage rates not less
                  than those stated in the call for bids, regardless of any contractual relationships which may be
                  alleged to exist between the contractor or subcontractor and the employees, and that the scale of
                  wages to be paid shall be posted by the contractor in a prominent and easily accessible place at
                  the site of the work; and the further stipulation that there may be withheld from the contractor so
                  much of the accrued payments as may be considered necessary to pay to the employees
                  employed by the contractor, or any subcontractor on the work, the difference between the rates
                  of wages required by the contract to be paid the employees on the work and the rates of wages
                  received by the employees and not refunded to the contractor, subcontractors, or their agents.
                  (http://www.dlt.ri.gov/pw/)
South             The state of South Carolina does not have a state minimum wage, however employers are
Carolina          required to apply federal rate, which is currently set at $7.25 an hour.

South Dakota 60-11-3 -60-11-3.1 Every employer shall pay to each employee wages at a rate of not less than
                  seven dollars and twenty-five cents an hour. The provisions of this section do not apply to
                  certain employees being paid an opportunity wage pursuant to section 2 of this Act, babysitters,
                  or outside salesmen. Any employer of a tipped employee shall pay a cash wage of not less than
                  two dollars and thirteen cents an hour if the employer claims a tip credit against the employer's
                  minimum wage obligation. If an employee's tips combined with thee employer's cash wage of
                  not less than two dollars and thirteen cents an hour do not equal the minimum hourly wage, the
                  employer shall make up the difference as additional wages for each regular pay period of the
                  employer. A "tipped employee" is one engaged in an occupation in which the employee
                  customarily and regularly receives more than thirty-five dollars a month in tips or other
            considerations. This section does not apply to babysitters or outside salesmen.

            60-11-4.1. Any employee who is under twenty years of age may be paid an opportunity wage as
            defined in section 6 of the Fair Labor Standards Amendments of 1996 as of October 1, 1996.

            60-11-5 The provisions of §§60-11-3 and 60-11-4 shall not apply to apprentices, nor to persons
            learning the business or work in which employed, nor to a person mentally or physically
            deficient provided the department of labor of South Dakota shall issue a permit for their
            employment fixing the wage or compensation of such person.
Tennessee   The state of Tennessee does not have a state minimum wage, however employers are required to
            apply federal rate, which is currently set at $7.25 an hour.

            12-4-403 a) It is hereby declared to be the policy of this state that the prevailing wage rate be
            determined by defined standards and that such rate be paid workers on all state construction
            projects. (b) Any contractor entering into a state contract for the performance of work on state
            construction projects shall pay not less than the prevailing wage rate for all types and
            classifications of such work as determined by the provisions of this part.
            (http://www.state.tn.us/labor-wfd/prevail.html)
Texas       62.051 Except as provided by Section 62.057, an employer shall pay to each employee the
            federal minimum wage of $7.25 per hour under Section 6, Fair Labor Standards Act of 1938 (29
            U.S.C. Section 206).

            62.052 a) In determining the wage of a tipped employee, the amount paid the employee by the
            employer is the amount described as paid to a tipped employee under Section 3(m), Fair Labor
            Standards Act of 1938 (29 U.S.C. Section 203(m)). (b) In this section, "tipped employee" means
            an employee engaged in an occupation in which the employee customarily and regularly receives
            more than $20 a month in tips.

            62.053 In computing the wage paid to an employee, an employer may include the reasonable
            cost to the employer of furnishing meals, lodging, or both to the employee if: (1) meals or
            lodging customarily are furnished by the employer to employees; and (2) the cost of the meals
            and lodging are separately stated and identified in the earnings statement furnished to the
            employee under Section 62.003.

            62.055 a) A person may be employed at a wage less than the applicable minimum wage under
            this chapter but not less than 60 percent of the minimum wage if: (1) the person's earning or
            productive capacity is impaired by age, physical or mental deficiency, or injury; or (2) the person
            is over 65 years of age. (b) Subsection (a) does not apply to a person employed as an agricultural
            piece rate worker.

            62.057 a) A person may be compensated for services rendered to the Texas Department of
            Mental Health and Mental Retardation or a department facility at a percentage of the base wage
            adopted under this section if: (1) the person is a patient or client of a department facility; (2) the
            person's productive capacity is impaired; (3) the person: (A) assists in the operation of the
            facility as part of the person's therapy; or (B) receives occupational training in a sheltered
            workshop or other program operated by the department; and (4) the facility or department
            derives an economic benefit from the person's services. (b) The percentage of the base wage paid
            to a person under Subsection (a) must correspond to the percentage of the person's productive
            capacity compared with the capacity of an employee who performs the same or similar tasks and
            who is not similarly impaired. (c) The department shall adopt rules to determine the base wage
            and the percentage of productive capacity of the patients and clients and other rules necessary to
            implement this section. (d) Services rendered and payment provided under this section may not
            be construed as creating an employer-employee relationship between the department and the
            patient or client engaged in occupational training or therapeutic or rehabilitative services.

            2258.021 (a) A worker employed on a public work by or on behalf of the state or a political
            subdivision of the state shall be paid: (1) not less than the general prevailing rate of per diem
            wages for work of a similar character in the locality in which the work is performed; and (2) not
            less than the general prevailing rate of per diem wages for legal holiday and overtime work. (b)
            Subsection (a) does not apply to maintenance work. (c) A worker is the execution employed on a
            public work for the purposes of this section if the worker is employed by a contractor or
            subcontractor in of a contract for the public work with the state, a political subdivision of the
            state, or any officer or public body of the state or a political subdivision of the state.
            (http://www.capitol.state.tx.us/statutes/go/go0225800toc.html)
Utah        610-1-3 A. All employers employing workers in the state of Utah, except those exempted by
          Section 34-40-104, shall pay the established minimum hourly wages of, $7.25 for all hours
          employed effective September 1, 1997. B. As per Sections 34-23-301 and 34-40-103, a minor
          employee shall be paid at least $4.25 per hour for the first 90 days of employment with an
          employer; thereafter, he or she shall be paid at least the established minimum hourly wage. C.
          Any employer claiming exemption under Subsection 34-40-104(1)(j), shall provide to the
          Division a statistical report of the average wage paid within 60 days of the end of the regular
          operating season. The Division may, upon notice, perform an on-site inspection to verify the
          report in accordance with Sections 34-40-201 and 34-40-203.

          610-1-4 A. An employer may credit the tips received by tipped employees (an example would be
          waiters and waitresses) against the employer's minimum wage obligation. The tips must be
          received by the employee, reported to the employer, and must reach a threshold of at least
          $30.00 per month before credit can be allowed. B. An employer has a cash wage obligation in
          meeting the required minimum wage of at least $2.13 per hour. If an employee's tips combined
          with the employer's cash wage obligation of $2.13 per hour do not equal the minimum hourly
          wage requirement, the employer must increase its cash wage obligation to make up the
          difference. C. All tips or gratuities shall be retained by the employee receiving the tips or
          gratuities. However, this requirement does not preclude pooling of tips or gratuities to be divided
          equally between those employees who customarily and regularly receive tips or gratuities. 1. A
          bona fide tip pooling or sharing arrangement may include employees who customarily and
          regularly receive tips, such as waiters, bellhops, waitresses, countermen, busboys, and service
          bartenders. 2. Employees such as dishwashers, chefs, and janitors are not considered tipped
          employees and may not participate in tip pooling. D. Every employer intending to exercise the
          tip or gratuity credit must so inform each affected employee at the time of hire. E. Where tips are
          charged on a credit card, and the employer must pay the credit card company a percentage of the
          bill for its use, the employer may reduce the amount of the credit card tips paid over to the
          employee by a percentage no greater than that charged by the credit card company. F. In
          computing the minimum wage, tips, gratuities, and commissions must be counted in the payroll
          period in which the tip, gratuity or commission is earned. G. This section does not apply to tips
          or commissions as delineated in Section 34-40-104(1)(j).
Vermont   384 (a) An employer shall not employ an employee at a rate of less than $8.06, and, beginning
          January 1, 2007, and on each subsequent January 1, the minimum wage rate shall be increased
          by five percent or the percentage increase of the Consumer Price Index, CPI-U, U.S. city
          average, not seasonally adjusted, or successor index, as calculated by the U.S. Department of
          Labor or successor agency for the 12 months preceding the previous September 1, whichever is
          smaller, but in no event shall the minimum wage be decreased. The minimum wage shall be
          rounded off to the nearest $0.01. An employer in the hotel, motel, tourist place, and restaurant
          industry shall not employ a service or tipped employee at a basic wage rate less than $3.65 an
          hour, and beginning January 1, 2008, and on each January 1 thereafter, this basic tip wage rate
          shall be increased at the same percentage rate as the minimum wage rate. For the purposes of
          this subsection, “a service or tipped employee” means an employee of a hotel, motel, tourist
          place, or restaurant who customarily and regularly receives more than $120.00 per month in tips
          for direct and personal customer service. If the minimum wage rate established by the United
          States government is greater than the rate established for Vermont for any year, the minimum
          wage rate for that year shall be the rate established by the United States government. (b)
          Notwithstanding subsection (a) of this section, an employer shall not pay an employee less than
          one and one-half times the regular wage rate for any work done by the employee in excess of 40
          hours during a workweek. However, this subsection shall not apply to: (1) Employees of any
          retail or service establishment. A “retail or service establishment” means an establishment 75
          percent of whose annual volume of sales of goods or services, or of both, is not for resale and is
          recognized as retail sales or services in the particular industry. (2) Employees of an
          establishment which is an amusement or recreational establishment, if: (A) it does not operate
          for more than seven months in any calendar year, or (B) during the preceding calendar year its
          average 1 receipts for any six months of that year were not more than one-third of its average
          receipts for the other six months of the year. (3) Employees of an establishment which is a hotel,
          motel, or restaurant. (4) Employees of hospitals, public health centers, nursing homes, maternity
          homes, therapeutic community residences, and residential care homes as those terms are defined
          in Title 18, provided: (A) the employer pays the employee on a biweekly basis; and (B) the
          employer files an election to be governed by this section with the commissioner; and (C) the
          employee receives not less than one and one-half times the regular wage rate for any work done
          by the employee: (i) in excess of eight hours for any workday; or (ii) in excess of 80 hours for
          any biweekly period. (5) Those employees of a business engaged in the transportation of
          persons or property to whom the overtime provisions of the Federal Fair Labor Standards Act do
          not apply, but shall apply to all other employees of such businesses. (6) Those employees of a
          political subdivision of this state. (7) State employees, who shall be are covered by the U.S.
          Federal Fair Labor Standards Act. (c) However, an employer may deduct 1 from the rates
          required in
             subsections (a) and (b) of this section the amounts for board, lodging, apparel,
             rent, or utilities paid or furnished or other items or services or such other conditions or
             circumstances as may be usual in a particular employer-employee relationship, including
             gratuities as determined by the wage order made under this subchapter.

             18. In making up specifications and advertising for bids on highway work, the board shall fix,
             subject to local conditions, the minimum wage per hour for various classes of labor and the
             minimum to be paid per hour or per cubic yard for trucks which the contractor shall be bound to
             pay. (http://www.vtlmi.info/stconstr_pw2002.pdf)

             [Editors Note] The current living wage for Burlington is $12.02 per hour if benefits are provided
             and $13.49 per hour if benefits are not provided.
Virginia     40.1-28.10 Every employer shall pay to each of his employees wages at a rate not less than the
             federal minimum wage and a training wage as prescribed by the U.S. Fair Labor Standards Act
             (29 U.S.C. §201 et seq.). "Wages" means legal tender of the United States or checks or drafts on
             banks negotiable into cash on demand or upon acceptance at full value; provided, wages may
             include the reasonable cost to the employer of furnishing meals and for lodging to an employee,
             if such board or lodging is customarily furnished by the employer, and used by the employee. In
             determining the wage of a tipped employee, the amount paid such employee by his employer
             shall be deemed to be increased on account of tips by an amount determined by the employer,
             except in the case of an employee who establishes by clear and convincing evidence that the
             actual amount of tips received by him was less than the amount determined by the employer. In
             such case, the amount paid such employee by his employer shall be deemed to have been
             increased by such lesser amount.

             [Editor’s note:] Effective September 15, 2007 the living for Fairfax County is set at $12.75 per
             hour.

             [Editors Note] Effective July 1, 2006 the new living wage for the city of Alexandria is $12.66
             per hour for service contracts renewed or initiated during the period of July 1, 2006 through June
             30, 2007.
Washington   19.48.06 (1) An employer that imposes an automatic service charge related to food, beverages,
             entertainment, or porterage provided to a customer must disclose in an itemized receipt and in
             any menu provided to the customer the percentage of the automatic service charge that is paid or
             is payable directly to the employee or employees serving the customer. (2) For purposes of this
             section:(a) "Employee" means nonmanagerial, nonsupervisory workers, including but not limited
             to servers, busers, banquet houseman, banquet captains, bartenders, barbacks, and porters.(b)
             "Employer" means employers as defined in RCW 49.46.010 that provide food, beverages,
             entertainment, or porterage, including but not limited to restaurants, catering houses, convention
             centers, and overnight accommodations. c) "Service charge" means a separately designated
             amount collected by employers from customers that is for services provided by employees, or is
             described in such a way that customers might reasonably believe that the amounts are for such
             services. Service charges include but are not limited to charges designated on receipts as a
             "service charge," "gratuity," "delivery charge," or "porterage charge." Service charges are in
             addition to hourly wages paid or payable to the employee or employees serving the customer.

             49.46.20 Beginning January 1, 2009 every employer shall pay to each of his or her employees
             wages at a rate of not less than $8.55 per hour. On each September 30th, the department of labor
             and industries shall calculate an adjusted minimum wage rate to maintain employee purchasing
             power by increasing the current year's minimum wage rate by the rate of inflation. The adjusted
             minimum wage rate shall be calculated to the nearest cent using the consumer price index for
             urban wage earners and clerical workers, CPI-W, or a successor index, for the twelve months
             prior to each September 1st as calculated by the United States department of labor. Each
             adjusted minimum wage rate calculated under this subsection (4)(b) takes effect on the following
             January 1st.

             49.46.060 The director, to the extent necessary in order to prevent curtailment of opportunities
             for employment, shall by regulations provide for (1) the employment of learners, of apprentices,
             and of messengers employed primarily in delivering letters and messages, under special
             certificates issued pursuant to regulations of the director, at such wages lower than the minimum
             wage applicable under RCW 49.46.020 and subject to such limitations as to time, number,
             proportion, and length of service as the director shall prescribe, and (2) the employment of
             individuals whose earning capacity is impaired by age or physical or mental deficiency or injury,
             under special certificates issued by the director, at such wages lower than the minimum wage
             applicable under RCW 49.46.020 and for such period as shall be fixed in such certificates.
296-126-022 For the purposes of these regulations, gratuities received by employees shall not be
considered a part of the minimum wage.

296-125-043 Except where a higher minimum wage is required by Washington state or federal
law: (1) Every employer shall pay to each of his or her employees who have reached their
sixteenth or seventeenth year of age a rate of pay per hour which is equal to the hourly rate
required by RCW 49.46.020 for employees eighteen years of age or older, whether computed on
an hourly, commission, piecework, or other basis, except as may be otherwise provided under
this chapter. (2) Every employer shall pay to each of his or her employees who have not reached
their sixteenth year of age a rate of pay per hour that is not less than eighty-five percent of the
hourly rate required by RCW 49.46.020 for employees eighteen years of age or older whether
computed on an hourly, commission, piecework, or other basis, except as may be otherwise
provided under this chapter. (3) These provisions shall not apply to handicapped minors for
whom special handicapped minor work permits have been issued as provided in RCW
49.12.110. The handicapped rate therein shall be set at a rate designed to adequately reflect the
individual's earning capacity. (4) These minimum wage provisions shall not apply when a minor
student is in a work place to carry out an occupational training experience assignment directly
supervised on the premises by a school official or an employer under contract with a school and
when no appreciable benefit is rendered to the employer by the presence of the minor student.

296-128-050 This regulation is issued pursuant to RCW 49.46.060, Washington minimum wage
and hour law, which authorized the director of the department of labor and industries, to the
extent necessary in order to prevent curtailment of opportunities for employment, to issue special
certificates for employment of individuals whose earning capacity is impaired by age or physical
or mental deficiency or injury at wages lower than the minimum wage applicable under RCW
49.46.020. Such certificates shall be subject to the conditions prescribed in this regulation.

296-128-110 Application for learner certificate.--(1) Whenever the employment of learners at
wages lower than the minimum wage applicable under RCW 49.46.020 is believed necessary to
prevent curtailment of opportunities for employment by a specified employer, an application for
a certificate authorizing the employment of such learners at subminimum wage rates may be
filed by the employer with the director of the department of labor and industries or his
authorized representative. (2) Application must be made on the official form provided by the
department and furnish all information called for on said form. (3) Separate application must be
made with respect to each establishment or place of business operated by the applicant and in
which he desires to employ learners at subminimum wage rates.

296-128-225 The director or his authorized representative, to the extent necessary to prevent
curtailment of employment opportunities, shall issue special certificates to employers or
apprenticeship committees as defined in RCW 49.04.040 authorizing the employment of
apprentices in skilled trades at wages lower than the minimum wage applicable under RCW
49.46.020, subject to the limitations and conditions set forth in this regulation.

296-128-275 - 296-128-305 The regulations hereinafter set forth are issued pursuant to RCW
49.46.060 to provide for the employment by educational institutions under special certificates of
student workers as learners at wages lower than the minimum wage applicable under RCW
49.46.020. Such certificates shall be subject to the terms and conditions hereinafter set forth. The
subminimum wage rate shall be not less than 75 percent of the minimum wage rate established
by RCW 49.46.020, as it may be amended.

39.12.020 The hourly wages to be paid to laborers, workers, or mechanics, upon all public works
and under all public building service maintenance contracts of the state or any county,
municipality or political subdivision created by its laws, shall be not less than the prevailing rate
of wage for an hour's work in the same trade or occupation in the locality within the state where
such labor is performed. (http://www.lni.wa.gov/prevailingwage/)

39.12.030 and 1989 c 12 s 9 are each amended to read
as follows:(1) The specifications for every contract for the construction, reconstruction,
maintenance or repair of any public work to which the state or any county, municipality, or
political subdivision created by its laws is a party, shall contain a provision stating the hourly
minimum rate of wage, not less than the prevailing rate of wage, which may be paid to laborers,
workers, or mechanics in each trade or occupation required for such public work employed in
the performance of the contract either by the contractor, subcontractor or other person doing or
contracting to do the whole or any part of the work
contemplated by the contract, and the contract shall contain a stipulation that such laborers,
workers, or mechanics shall be paid not less than such specified hourly minimum rate of wage. If
                  the awarding agency determines that the work contracted for meets the definition of residential
                  construction, the contract must include that information. (2) If the hourly minimum rate of wage
                  stated in the contract specifies residential construction rates and it is later determined that the
                  work performed is commercial and subject to commercial construction rates, the state, county,
                  municipality, or political subdivision that entered into the contract must pay the difference
                  between the residential rate stated and the actual commercial rate to the contractor,
                  subcontractor, or other person doing or contracting to do the whole or any part of the work under
                  the contract.
West Virginia 21-5C-2 (a) (1) After the thirtieth day of June, two thousand six, every employer shall pay to
                  each of his or her employees wages at a rate not less than five dollars and eighty-five cents per
                  hour. (2) After the thirtieth day of June, two thousand seven, every employer shall pay to each of
                  his or her employees wages at a rate not less than six dollars and fifty-five cents per hour. (3)
                  After the thirtieth day of June, two thousand eight, every employer shall pay to each of his or her
                  employees wages at a rate not less than seven dollars and twenty-five cents per hour. (4) At such
                  time as the federal minimum hourly wage as prescribed by 29 U.S.C. § 206(a)(1) is equal to or
                  greater than the wage rate prescribed in subdivision (3) of this subsection, every employer shall
                  pay to each of his or her employees wages at a rate of not less than the federal minimum hourly
                  wage as prescribed by 29 U.S.C. § 206(a)(1). The minimum wage rates required under this
                  subparagraph shall be thereafter adjusted in accordance with adjustments made in the federal
                  minimum hourly rate. The adoption of the federal minimum wage provided by this subdivision
                  includes only the federal minimum hourly rate prescribed in 29 U.S.C. § 206(a)(1) and does not
                  include other wage rates, or conditions, exclusions, or exceptions to the federal minimum hourly
                  wage rate. In addition, adoption of the federal minimum hourly wage rate does not extend or
                  modify the scope or coverage of the minimum wage rate required under this subdivision. (b) (1)
                  Notwithstanding the provisions set forth in subsection (a) of this section to the contrary, an
                  employer may pay an employee first hired after the thirtieth day of June, two thousand six, a
                  subminimum training wage not less than five dollars and fifteen cents per hour. (2) An employer
                  may not pay the subminimum training wage set forth in subdivision (1) of this subsection to any
                  individual: (i) Who has attained or attains while an employee of the employer, the age of twenty
                  years; or (ii) For a cumulative period of not more than ninety days per employee: Provided, That
                  if any business has not been in operation for more than ninety days at the time the employer
                  hired the employee, the employer may pay the employee the subminimum training wage set
                  forth in subdivision (1) of this subsection for an additional period not to exceed ninety days.(3)
                  At such time as the federal subminimum training wage as prescribed by 29 U.S.C. § 206(g)(1) is
                  equal to or greater than the wage rate prescribed in subdivision (1) of this subsection, every
                  employer shall pay to each of his or her employees wages at a rate of not less than the federal
                  minimum hourly wage as prescribed by 29 U.S.C. § 206(g)(1). The minimum wage rates
                  required under this subparagraph shall be thereafter adjusted in accordance with adjustments
                  made in the federal minimum hourly rate. The adoption of the federal minimum wage provided
                  by this subdivision includes only the federal minimum hourly rate prescribed in 29 U.S.C. §
                  206(g)(1) and does not include other wage rates, or conditions, exclusions, or exceptions to the
                  federal minimum hourly wage rate. In addition, adoption of the federal minimum hourly wage
                  rate does not extend or modify the scope or coverage of the minimum wage rate required under
                  this subdivision.

                  21-5C-4 In determining whether an employer is paying an employee wages and overtime
                  compensation as provided in sections two and three [§§21-5C-2 and 21-5C-3 [See 51-44,002]]
                  of this article, there shall be provided in accordance with the regulations which shall be
                  promulgated by the commissioner a credit to the employer of twenty percent of the hourly rate of
                  the amount paid an employee customarily receiving gratuities, and a reasonable credit for board
                  and lodging furnished to an employee. The commissioner shall promulgate regulations relating
                  to maximum allowances to employers for room and board furnished to employees: Provided,
                  That the employer shall be required to furnish to the commissioner upon request, documentary
                  evidence that the employee is receiving at least twenty percent of the minimum wage in
                  gratuities or is receiving room and lodging in accordance with the rules and regulations
                  promulgated by the commissioner.

                  21-5A-6 In all cases where any public authority has ascertained a fair minimum rate or rates of
                  wages as herein provided, and construction of a public improvement is let to contract, the
                  contract executed between the public authority and the successful bidder shall contain a
                  provision requiring the successful bidder and all his subcontractors to pay a rate or rates of
                  wages which shall not be less than the fair minimum rate or rates of wages as provided by this
                  article.
Wisconsin         [Editors Note] On June 1, 2006 Wisconsin's minimum wage for adults increases from $5.70 per
                  hour to $7.25 per hour for adults. The new minor rate is $5.90 per hour. Wisconsin's minimum
                  wage rules also contain a number of specialized pay rates for persons employed in certain types
of work. The minimum wage rate for Wisconsin tipped employees does not change. Wisconsin’s
new minimum wage rates:

        General minimum wage rate increases to $5.70/hour (currently $5.15/hour)
        Minor minimum wage rate increases to $5.30/hour (currently same as adult rate
         $5.15/hour)
        Opportunity minimum wage rate increases to $5.30/hour (currently $4.25/hour)
        Agriculture minimum wage rate for workers age 18 and over increases to $5.15/hour
         (currently $4.05/hour)
        Agricultural minimum wage rate for workers age 17 and under increases to $4.25/hour
         (currently $3.70/hour)
        Camp counselor minimum wage rate for workers age 18 and over
              o Increases to $215/week if no room or board provided (currently $140/week)
              o Increases to $164/week if board provided (currently $110/week)
              o Increases to $129/week if room and board provided (currently $91/week)
        Camp counselor minimum wage rate for workers age 17 and under
              o Increases to $175/week if no room or board provided (currently $123/week)
              o Increases to $133/week if board provided (currently $92/week)
              o Increases to $105/week if room and board provided (currently $74/week)
        Golf caddy minimum wage rate increases to $10.50 for 18 holes, and $5.90 for 9 holes
         (currently $5.95 for 18 holes and $3.35 for 9 holes)

272.03 This subsection is in effect from October 1, 1996, to August 31, 1997. Except as
provided in ss. DWD 272.05 to 272.09, no employer shall employ any employee in any
occupation, trade, or industry at a lesser hourly rate than is indicated below: (a) All employees
except opportunity employees $4.75 per hr. (b) Opportunity employees $4.25 per hour.(1m) This
subsection becomes effective on September 1, 1997. Except as provided in ss. DWD 272.05 to
272.09, no employer shall employ any employee in any occupation, trade or industry at a lesser
hourly rate than is indicated below: (a) All employees except opportunity employees $5.15 per
hr. (b) Opportunity employees $4.25 per hour. (2) Where tips or gratuities are received by the
employee from patrons or others, the employer may pay the minimum wage rate established by
this subsection, providing the employer can establish by its payroll records that for each week
where credit is taken, when adding the tips received to the wages paid, no less than the minimum
rate prescribed in sub. (1), was received by the employee. The minimum rate shall be the rate
established in par. (a). (a) Minimum rates for tipped employees: All employees except
opportunity employees $2.33 per hr. (am) Opportunity employees. Opportunity employees $2.13
per hour. (b) Burden of proof. 1. When the employer elects to take tip credit the employer must
have a tip declaration signed by the tipped employee each pay period and show on the payroll
records that any required social security or taxes have been withheld each pay period to show
that when adding the tips received to the wages paid by the employer, no less than the minimum
rate was received by the employee. When the employer's time and payroll records do not contain
these requirements, no tip credit shall be allowed. 2. The department may refuse to take action to
collect minimum wage deficiencies for a tipped employee who has refused or failed to file an
accurate signed tip declaration for the employer each pay period. (c) General characteristics of
"tips." 1. Tip means a sum presented by a customer as a gift or gratuity in recognition of some
service performed for them. It is to be distinguished from payment of a charge, if any, made for
the service. Whether a tip is to be given, and its amount, are matters determined solely by the
customer, and generally they have the right to determine who shall be the recipient of their
gratuity. In the absence of an agreement to the contrary between the recipient and a third party, a
tip becomes the property of the person in recognition of whose service it is presented by the
customer. Only tips actually received by an employee as money belonging to them which they
may use as they choose free of any control by the employer, may be counted in determining
whether they are a "tipped employee." 2. In addition to cash sums presented by customers which
an employee keeps as their own, tips received by an employee include, amounts paid by bank
check or other negotiable instrument payable at par and amounts transferred by the employer to
the employee pursuant to directions from credit customers who designate amounts to be added to
their bills as tips. Special gifts in forms other than money or its equivalent as above described,
such as theater tickets, passes, or merchandise, are not counted as tips received by the
employee.(d) Where employees practice tip splitting, as where waiters or waitresses give a
portion of their tips to the bus persons, both the amounts retained by the waiters or waitresses
and those given the bus persons are considered tips of the individuals who retain them. (e) 1. A
compulsory charge for service, such as 15% of the amount of the bill, imposed on a customer by
an employer's establishment, is not a tip unless distributed by the employer to their employees. 2.
Similarly, where negotiations between a hotel or restaurant and a customer for banquet facilities
include amounts for distribution to employees of the hotel or restaurant, the amounts must be so
distributed to the employees at the end of the pay period in which it is earned. 3. If the employer
in their payroll records can establish a breakdown of the service charge, such as how much is for
tips, room charge, decorations, and other chargeable services, only the amounts for tips must be
paid to the employee at the end of the pay period in which it is earned. 4. Similarly, where an
accounting is made to an employer for their information only or in furtherance of a pooling
arrangement whereby the employer redistributes the tips to the employees upon some basis to
which they have mutually agreed among themselves, the amounts received and retained by each
individual as their own are counted as their tips. (f) Receiving the minimum amount
"customarily and regularly." The employee must receive tips "customarily and regularly" in the
occupation in which they are engaged in order to qualify as a tipped employee. If it is known that
they always receive more than the stipulated amount each month, as may be the case with many
employees in occupations such as those of waiters, waitresses, bellhops, taxicab drivers, barbers,
or beauty operators, the employee will qualify and the tip credit provisions of sec. DWD 272.03
may be applied. On the other hand, an employee who only occasionally or sporadically receives
tips such as at Christmas or New Years when customers may be more generous than usual, will
not be deemed a tipped employee. The phrase "customarily and regularly" signifies a frequency
which must be greater than occasional, but which may be less than constant. If an employee is in
an occupation in which they normally and recurrently receive tips, they will be considered a
tipped employee even though occasionally, because of sickness, vacation, seasonal fluctuations
or the like, they fail to receive tips in a particular month. (g) The tip wage credit. 1. In
determining compliance with the wage payment requirements the amount paid to a tipped
employee as allowable under par. (a) by an employer is deemed to be increased on account of
tips to equal the minimum wage applicable under sub. (1) to such employee in the pay period for
which the wage payment is made. This credit is in addition to any credit for board, lodging, or
other facilities which may be allowable under sec. DWD 272.03. The credit allowed on account
of tips may be less than the difference between the applicable minimum wage and the rate for a
tipped employee; it cannot be more. 2. It is presumed that in the application of this special
provision the employee will be receiving at least the maximum tip credit in actual tips: "If the
employee is receiving less than the amount credited, the employer is required to pay the balance
so that the employee receives at least the minimum wage with the defined combination of wages
and tips."3. Under employment agreements requiring tips to be turned over or credited to the
employer to be treated by them as part of their gross receipts, it is clear that the employer must
pay the employee the full minimum hourly wage, since for all practical purposes the employee is
not receiving tip income. A tipped employee's regular rate of pay includes the amount of tip
credit taken by the employer, and the cash wages including commissions and certain bonuses
paid by the employer. Any tips received by the employee in excess of the tip credit need not be
included in the regular rate. Such tips are not payments made by the employer to the employee
as remuneration for employment within the meaning of ch. DWD 274. (3) This subsection is in
effect from October 1, 1996, to August 31, 1997. Where board or lodging or both are furnished
by the employer in accordance with s. DWD 272.04, and accepted and received by a particular
employee, an allowance may be made not to exceed the following amounts: (a) All employees
except opportunity employees $38.00 per week or $5.45 per day 2. Opportunity employees
$34.00 per week or $4.85 per day. (b) All employees except opportunity employees $57.00 per
week or $2.70 per meal. 2. Opportunity employees $51.00 per week or $2.45 per meal. (3m)
This subsection becomes effective on September 1, 1997. Where board or lodging or both are
furnished by the employer in accordance with s. DWD 272.04, and accepted and received by a
particular employee, an allowance may be made not to exceed the following amounts: (a) All
employees except opportunity employees $41.20 per week or $5.90 per day 2. Opportunity
employees $34.00 per week or $4.85 per day.(b): All employees except opportunity employees
$61.80 per week or $2.95 per meal. 2. Opportunity employees $51.00 per week or $2.45 per
meal. (4) Where board, lodging or other necessities of life are furnished by the employer, in
accordance with sec. DWD 272.04, and accepted and received by the employee or their spouse
or both, minor children or other dependents, an allowance may be made, not to exceed the "fair
value" of such necessities on the basis of average cost to the employer, or to groups of employers
similarly situated, or average values to groups of employees or other appropriate measures of fair
value. (5) Where payment of wages is made upon a basis or system other than time rate, the
actual wages paid per payroll period shall not be less than provided for in this order. (6) Wages
paid to home-workers shall be not less than the rates prescribed in this order. [Note: Effective
January 1, 2005 the minimum wage in Madison is $5.70 per hour; the opportunity wage is $5.18
per hour. Effective January 1, 2006 the minimum wage in Madison will increase to $6.50 per
hour; the opportunity wage will increase to $5.81 per hour. Effective January 1, 2007 the
minimum wage in Madison will increase to $7.25 per hour; the opportunity wage will increase to
$6.41 per hour.

103.49 (d) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation
engaged in the erection, construction, remodeling, repairing or demolition of any project of
public works in any area means the hourly basic rate of pay, plus the hourly contribution for
health insurance benefits, vacation benefits, pension benefits and any other bona fide economic
benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation
          on projects in the area. (http://www.dwd.state.wi.us/er/prevailing_wage_rate/default.htm)
Wyoming   27-4-202 a) Every employer shall pay to each of his or her employees wages at a rate of not less
          than five dollars and fifteen cents ($5.15) per hour. (b) Effective April 1, 2001 and thereafter, all
          employers who employ tipped employees shall not pay less than two dollars and thirteen cents
          ($2.13) per hour to his tipped employees. Provided further, if the wage paid by the employer
          combined with the tips received by the employee during a given pay period does not equal at
          least the applicable minimum wage as prescribed in subsection (a) of this section, the employer
          shall pay the difference to the tipped employee. For the purposes of this act, all "tip" employees
          shall furnish monthly to their respective employers the daily record of tips required to be kept by
          "tip" employees under the laws of the United States and upon the forms prescribed by the
          internal revenue service of the United States treasury department. The daily record of tips shall
          constitute prima facie proof of the amount of tips received by the employee. Proof of a
          customary tipping percentage of sales or service shall also be an admissible form of proof of the
          amount of tips. A "tip" employee is one who customarily and regularly receives more than thirty
          dollars ($30.00) a month in tips. (c) In lieu of the rate prescribed in subsection (a) of this section,
          any employer may pay any employee who has not attained the age of twenty (20) years a wage
          which is not less than four dollars and twenty-five cents ($4.25) per hour during the first ninety
          (90) consecutive days after the employee is initially employed by the employer. No employer
          may take any action to displace employees, including partial displacements such as reduction in
          hours, wages or employment benefits for purposes of hiring individuals at the wage authorized in
          this subsection.

          [Note: Employers subject to federal law must pay employees $7.25 per hour.]

          27-4-402 Employers required to pay prevailing hourly rate of wages which is defined as the
          wages paid generally to and the associated customary and usual fringe benefit costs paid on
          behalf of workers engaged in work of a similar character.
          (http://wydoe.state.wy.us/doe.asp?ID=251)

				
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