SENATE BILL: Long-term Unemployment Relief Act (Law'd)
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  SENATE BILL: Long-term Unemployment Relief Act (Law'd)
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Author Topic: SENATE BILL: Long-term Unemployment Relief Act (Law'd)  (Read 6246 times)
Southern Senator North Carolina Yankee
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« Reply #75 on: April 22, 2014, 02:13:16 AM »

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4. Section 1 of the Fair Labor Standards Act of 2013 is repealed.

5. Section 4 of The Productivity Equalization and Worker Employment Act of 2011 is amended to read:
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2. The minimum wage for tipped employees shall, upon the passage of this legislation, automatically adjust for increases in worker productivity and inflation at the same rate as does the regular federal minimum wage. The previous chart shall not be construed to deny a minimum wage adjustment based on inflation or increases in productivity to any employee.

3. The scaled increase to the minimum wage for tipped employees, as noted in Section 1 shall expire on January 1, 2020 and the tipped minimum wage shall, at that point, be equalized to the regular federal minimum wage. There shall, from January 1, 2020, be no difference in the federal minimum wage for tipped and other employees.

4. From the period between January 1, 2014 to January 1, 2020, tipped employees may 'opt-out' of the compensation adjustment for tipped employees. In doing so, tipped employees shall be paid the previous federal minimum wage for tipped employees until the next scheduled increase, at which point they will be once again asked whether or not to 'opt-out' of it.
   4a. Tipped employees having opted out of the compensation adjustment schedule shall be paid a gratuity of 20 percent automatically charged on all purchases by any employer employing tipped employees foregoing the compensation adjustment schedule.
   4b. Effective January 1, 2020, the opt-out provision of this law and the automatic gratuity charge shall be terminated and all employees currently paid in tips instead paid the federal minimum wage.
   4c. Employers may not be deny the right of employees to opt in or out of a tipped compensation program. Denying a worker such a right is punishable by law and may result in the loss of one’s business license and/or a fine of up to $25,000 per denied employee.
   4d. Employers and employees must indicate the form of compensation on tax documents from any jurisdiction. All jurisdictions must recognize both forms of compensation for currently tipped employees.

5. Restaurants shall not charge a service charge exceeding 15% on services rendered by employees who have opted in to the compensation adjustment program.
[/quote]

[/quote]

Sponsor Feedback: Origination
Status: Senators have 24 hours to object.
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TNF
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« Reply #76 on: April 22, 2014, 10:12:03 AM »

I object to this egregious attack upon tipped workers.
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Southern Senator North Carolina Yankee
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« Reply #77 on: April 22, 2014, 06:37:09 PM »

Still too earlier for a vote as it has only been on te floor about sixteen hours.
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shua
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« Reply #78 on: April 23, 2014, 12:39:00 PM »

After the vote on that amendment, I'd like to offer this:
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Cincinnatus
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« Reply #79 on: April 23, 2014, 06:00:43 PM »
« Edited: April 23, 2014, 06:12:08 PM by Cincinnatus »

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4. Section 1 of the Fair Labor Standards Act of 2013 is repealed.

5. Section 4 of The Productivity Equalization and Worker Employment Act of 2011 is amended to read:
Quote
You must be logged in to read this quote.

2. The minimum wage for tipped employees shall, upon the passage of this legislation, automatically adjust for increases in worker productivity and inflation at the same rate as does the regular federal minimum wage. The previous chart shall not be construed to deny a minimum wage adjustment based on inflation or increases in productivity to any employee.

3. The scaled increase to the minimum wage for tipped employees, as noted in Section 1 shall expire on January 1, 2020 and the tipped minimum wage shall, at that point, be equalized to the regular federal minimum wage. There shall, from January 1, 2020, be no difference in the federal minimum wage for tipped and other employees.

4. From the period between January 1, 2014 to January 1, 2020, tipped employees may 'opt-out' of the compensation adjustment for tipped employees. In doing so, tipped employees shall be paid the previous federal minimum wage for tipped employees until the next scheduled increase, at which point they will be once again asked whether or not to 'opt-out' of it.
   4a. Tipped employees having opted out of the compensation adjustment schedule shall be paid a gratuity of 20 percent automatically charged on all purchases by any employer employing tipped employees foregoing the compensation adjustment schedule.
   4b. Effective January 1, 2020, the opt-out provision of this law and the automatic gratuity charge shall be terminated and all employees currently paid in tips instead paid the federal minimum wage.
   4c. Employers may not be deny the right of employees to opt in or out of a tipped compensation program. Denying a worker such a right is punishable by law and may result in the loss of one’s business license and/or a fine of up to $25,000 per denied employee.
   4d. Employers and employees must indicate the form of compensation on tax documents from any jurisdiction. All jurisdictions must recognize both forms of compensation for currently tipped employees.

5. Restaurants shall not charge a service charge exceeding 15% on services rendered by employees who have opted in to the compensation adjustment program.
[/quote][/quote]


Feedback: Origination
Status:  Objection filed by TNF.  A vote is now open on the above Amendment.  Senators please vote Aye, Nay or Abstain.
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shua
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« Reply #80 on: April 23, 2014, 06:08:05 PM »

feedback isn't hostile, Cinci. Tongue

AYE
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Goldwater
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« Reply #81 on: April 23, 2014, 06:25:29 PM »

AYE
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Southern Senator North Carolina Yankee
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« Reply #82 on: April 23, 2014, 06:50:17 PM »

I wouldp refer to get to 12.50 a few years quicker o nthe tipped employees, but overall this is a good improvement of the bill.

AYE
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Lumine
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« Reply #83 on: April 23, 2014, 11:46:14 PM »

Aye.
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President Tyrion
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« Reply #84 on: April 24, 2014, 05:18:17 AM »

NAY
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H.E. VOLODYMYR ZELENKSYY
Alfred F. Jones
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« Reply #85 on: April 24, 2014, 05:25:22 AM »

Nay.
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DC Al Fine
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« Reply #86 on: April 24, 2014, 06:02:44 AM »

Aye
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TNF
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« Reply #87 on: April 24, 2014, 10:38:53 AM »

Nay
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bore
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« Reply #88 on: April 24, 2014, 11:03:01 AM »

Nay
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Talleyrand
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« Reply #89 on: April 24, 2014, 03:56:50 PM »

NAY
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Southern Senator North Carolina Yankee
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« Reply #90 on: April 24, 2014, 06:00:15 PM »

5-5-0-0 with two days remaining.


You still up for that card came we mentioned a few months ago? Tongue
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Fmr. Pres. Duke
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« Reply #91 on: April 24, 2014, 08:27:24 PM »

I don't like those current rates, to be honest; a $7.00 minimum wage in 2015 seems, well, low to me....

I'm going to unilaterally vote against this amendment, and along with my VP Cinci, we will offer our own rates and pray to Zeus that you all accept them.
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Cincinnatus
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« Reply #92 on: April 24, 2014, 08:45:45 PM »

I fully intend to vote against this amendment if it comes down to a tie.  If that influences any votes to allow Duke and I to rewrite this amendment sooner, so be it.
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shua
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« Reply #93 on: April 24, 2014, 08:48:51 PM »
« Edited: April 24, 2014, 08:51:37 PM by shua »

I don't like those current rates, to be honest; a $7.00 minimum wage in 2015 seems, well, low to me....

I'm going to unilaterally vote against this amendment, and along with my VP Cinci, we will offer our own rates and pray to Zeus that you all accept them.

I'm willing to work with you on this, but recognize that this is still an increase in the minimum wage for tipped employees by more than a dollar per year for the rest of the decade, not including inflation adjustments.
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Fmr. Pres. Duke
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« Reply #94 on: April 24, 2014, 08:52:12 PM »

I don't like those current rates, to be honest; a $7.00 minimum wage in 2015 seems, well, low to me....

I'm going to unilaterally vote against this amendment, and along with my VP Cinci, we will offer our own rates and pray to Zeus that you all accept them.

I'm willing to work with you on this, but recognize that this is still an increase in the minimum wage for tipped employees by more than a dollar per year for the rest of the decade.

We are well aware this needs to be addressed, and we fully intend to address it. Cinci and I will discuss where to go with this behind closed doors and then, like the Vatican, reveal our plan amidst the white smoke when we formulate it. Rest assured, I think we both want the same end goal here.
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President Tyrion
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« Reply #95 on: April 25, 2014, 05:19:48 AM »

I don't like those current rates, to be honest; a $7.00 minimum wage in 2015 seems, well, low to me....

I'm going to unilaterally vote against this amendment, and along with my VP Cinci, we will offer our own rates and pray to Zeus that you all accept them.

I'm willing to work with you on this, but recognize that this is still an increase in the minimum wage for tipped employees by more than a dollar per year for the rest of the decade, not including inflation adjustments.

The inflation adjustments would only come into effect if inflation exceeds the step increase. At least, that's my reading of it.
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Southern Senator North Carolina Yankee
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« Reply #96 on: April 25, 2014, 07:51:48 PM »

Why is it when I PM people and ask them to gether and work out an agreement, I learn latter that nobody fing listend. Tongue
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Southern Senator North Carolina Yankee
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« Reply #97 on: April 25, 2014, 07:57:05 PM »
« Edited: April 25, 2014, 08:04:47 PM by Senator North Carolina Yankee »

I don't like those current rates, to be honest; a $7.00 minimum wage in 2015 seems, well, low to me....

I'm going to unilaterally vote against this amendment, and along with my VP Cinci, we will offer our own rates and pray to Zeus that you all accept them.

You signed off on $6.55 and $7.25 for 2015, when we passed the law in question regarding the tipped employees back in December. In fact I recall that it was even a redraft.
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shua
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« Reply #98 on: April 25, 2014, 10:21:41 PM »

Why is it when I PM people and ask them to gether and work out an agreement, I learn latter that nobody fing listend. Tongue

I wasn't remembering the need to deal with the tipped employee issue when I messaged Duke and Cinci about the minimum wage. 
Then when I went to write the amendment I remembered you mentioned it and was trying to submit an amendment quickly so the bill wouldn't linger, and wasn't thinking about messaging Duke and Cinci. Tongue
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shua
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« Reply #99 on: April 25, 2014, 10:34:10 PM »

Does it make the most sense to just raise everyone to the minimum wage immediately, with the understanding that tips are no longer a necessity and prices can be adjusted accordingly?    I mean that thought doesn't give me warm fuzzies inside but if the idea is that an employee shouldn't be relying on tips to get their minimum wage, then maybe let's just make it clear that a gratuity is just that, instead of having this confusing period where prices are rising to cover rising wages but no one knows how much of a tip they need to be giving without ripping someone off.
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