Friday, March 28, 2014
CHARLESTON, W.Va. – The state's new minimum wage law is not the mess it's been called, according to a new legal analysis.
Opponents of West Virginia boosting its minimum wage say the bill just passed by lawmakers would be expensive and complicated for employers.
But according to Tsedeye Gebreselassie, an attorney at the National Employment Law Project, that's a big exaggeration.
She says along with the new wage, it would mean more workers would receive other benefits, such as overtime protections.
She also says it isn't an unintended paperwork nightmare – just a one-time adjustment.
"All this law does is increase the minimum wage and then make sure that workers are actually covered by the new wage rate,” Gebreselassie explains. “Yes, employers will have to adjust, but that's just what happens when you update minimum-wage laws."
The law awaiting Gov. Earl Ray Tomblin's signature passed the Legislature with overwhelming support and is popular with the public.
It would increase the minimum wage by a $1.50 over two years.
Legislative leaders have written to the governor, saying if technical corrections are needed they can be easily handled in a special session.
And Gebreselassie says the law's critics are incorrect about some things.
For example, she says firefighters would still be exempt from overtime rules.
She adds the new law ends a quirk in the legal code that left West Virginia as the only state that exempts most employers from state wage and hour rules.
"Unlike all other states, West Virginia's state minimum wage law actually doesn't cover most employers, which is a strange anomaly,” she points out. “This is a fix to it, so that more employers and their workers will actually benefit when you raise the minimum wage."
Gebreselassie says that legal quirk didn't matter as much when the state's minimum wage was the same as the federal minimum wage.
Now that the state wage is increasing, she explains the legal code needs an update.
Gebreselassie says 22 states now exceed the federal minimum wage, and they are finding broader overtime protections are a good idea, and good for the economy.
"Both to prevent overwork, to make sure that workers don't work crazy hour weeks,” she explains. “And then also, to spread work out to more workers, which actually has the effect of increasing employment."
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