AN ACT
ENTITLED, An Act to increase the minimum wage and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 60-11-3 be amended to read as follows:
60-11-3. Every employer shall pay to each employee who has reached the age of eighteen years, wages at a rate of not less than four dollars and seventy-five cents an hour. Violation of this section is a Class 2 misdemeanor.
The provisions of this section do not apply to babysitters or outside salesmen.
Section 2. That § 60-11-3 be amended to read as follows:
60-11-3. Every employer shall pay to each employee who has reached the age of eighteen years, wages at a rate of not less than five dollars and fifteen cents an hour. Violation of this section is a Class 2 misdemeanor.
Section 2. That § 60-11-3 be amended to read as follows:
60-11-3. Every employer shall pay to each employee who has reached the age of eighteen years, wages at a rate of not less than five dollars and fifteen cents an hour. Violation of this section is a Class 2 misdemeanor.
The provisions of this section do not apply to babysitters or outside salesmen.
Section 3. That § 60-11-3.1 be amended to read as follows:
60-11-3.1. 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 the 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.
Section 3. That § 60-11-3.1 be amended to read as follows:
60-11-3.1. 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 the 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.
Section 4. The provisions of section 2 of this Act are effective on September 1, 1997.
Section 5. That § 60-11-4.1 be amended to read as follows:
60-11-4.1. Any employee who is eighteen or nineteen 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.
Section 6. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after April 1, 1997.
An Act to increase the minimum wage and to declare an emergency.
Section 4. The provisions of section 2 of this Act are effective on September 1, 1997.
Section 5. That § 60-11-4.1 be amended to read as follows:
60-11-4.1. Any employee who is eighteen or nineteen 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.
Section 6. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after April 1, 1997.
An Act to increase the minimum wage and to declare an emergency.
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I certify that the attached Act originated in the |
Received at this Executive Office this ____ day of _____________ , |
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| HOUSE as Bill No. 1065 | 19___ at _____ M. | |
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____________________________
Chief Clerk
Chief Clerk
By _________________________
for the Governor
for the Governor
____________________________
Speaker of the House
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate The attached Act is hereby approved this ________ day of ______________ , A.D., 19___
Secretary of the Senate The attached Act is hereby approved this ________ day of ______________ , A.D., 19___
____________________________
Governor
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Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
House Bill No. 1065
File No. ____
Chapter No. ______
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
