Nevada Minimum Wage Increase Amendment (2020)
| Nevada Minimum Wage Increase Amendment | |
|---|---|
 | |
| Election date November 3, 2020 | |
| Topic Minimum wage | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Nevada Minimum Wage Increase Amendment was not on the ballot in Nevada as a legislatively referred constitutional amendment on November 3, 2020.
The measure would have increased the minimum wage to $9.40 on January 1, 2021; $10.55 on January 1, 2022; $11.70 on January 1, 2023; $12.85 on January 1, 2024; and $14.00 on January 1, 2025.[1]
The measure would have also allowed the Nevada State Legislature to pass statutes to increase the minimum wage above the $14-an-hour requirement.[1]
The measure would have allowed an employee to bring legal action against an employer for violating this amendment as an individual or as a representative in a class action. Employers found in violation of this amendment in court would have been required to provide damages in an amount equal to three times the amount the employee would have been paid if the employer had complied.[1]
Text of measure
Constitutional changes
- See also: Article 15, Nevada Constitution
The measure would have amended Section 16 of Article 15 of the Nevada Constitution. The following underlined text would have been added, and struck-through text would have been deleted:[1]
Note: Hover over the text and scroll to see the full text.
A. Each 1. Except as otherwise provided in this section, each employer shall pay a wage to each employee of not less than the hourly rates rate set forth in this section. The subsection. Beginning on January 1, 2021, the rate shall must be five dollars and fifteen cents ($5.15) per hour worked, if the employer provides health benefits as described herein, or six dollars and fifteen cents ($6.15) per hour if the employer does not provide such benefits. Offering health benefits within the meaning of this section shall consist of making health insurance available to the employee for the employee and the employee’s dependents at a total cost to the employee for premiums of not more than 10 percent of the employee’s gross taxable income from the employer. These rates of wages shall be adjusted by the amount of increases in nine dollars and forty cents ($9.40) per hour worked. Beginning on January 1, 2022, this rate must be increased on January 1 of each year by one dollar and fifteen cents ($1.15) per hour worked until the rate is fourteen dollars ($14.00) per hour worked.
2. If, at any time, the federal minimum wage over $5.15 per hour, or, if greater, by the cumulative increase in the cost of living. The cost of living increase shall be measured by the percentage increase as of December 31 in any year over the level as of December 31, 2004 of the Consumer Price Index (All Urban Consumers, U.S. City Average) as published by the Bureau of Labor Statistics, U.S. Department of Labor or the successor index or federal agency. No CPI adjustment for any one-year period may be greater than 3%. The Governor or the State agency designated by the Governor shall publish a bulletin by April 1 of each year announcing the adjusted rates, which shall take effect the following July 1. Such bulletin will be made available to all employers and to any other person who has filed with the Governor or the designated agency a request to receive such notice but lack of notice shall not excuse noncompliance with this section. An employer shall provide written notification of the rate adjustments to each of its employees and make the necessary payroll adjustments by July 1 following the publication of the bulletin. is higher than the rate set forth in subsection 1, each employer must pay a wage to each employee of not less than the hourly rate set forth in the federal minimum wage.
3. The Legislature may establish by law a minimum wage that an employer must pay to each employee that is higher than the hourly rate set forth in subsection 1 or 2.
4. Tips or gratuities received by employees shall not be credited as being any part of or offset against the minimum wage rates rate required by this section.
B. The 5. Except as otherwise provided in this subsection, the provisions of this section may not be waived by agreement between an individual any employee and an his or her employer. All of the provisions of this section, or any part hereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted, as a waiver of all or any part of the provisions of this section.
6. An employer shall not discharge, reduce the compensation of or otherwise discriminate against any employee for using any civil remedies to enforce this section or otherwise asserting his or her rights under this section in any manner. An employee claiming a violation of this section may is entitled to bring an action against his or her employer in the courts of this State, either in his or her individual capacity or as a representative of a class of similarly situated individuals, to enforce the provisions of this section and shall be entitled to all remedies available under the law or in equity appropriate to remedy any violation of this section, including but not limited to back pay, damages, reinstatement or injunctive relief. An employee who prevails in any action to enforce this section shall must be awarded damages in an amount equal to three times the amount which the employee would have been paid if his or her employer had complied with the provisions of this section and his or her reasonable attorney’s fees and costs.
C. 7. As used in this section, “employee” means any person who is employed by an employer as defined herein but does not include an employee who is under eighteen (18) years of age, employed by a nonprofit organization for after school or summer employment or as a trainee for a period not longer than ninety (90) days. “Employer” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts of employment.
D. 8. If any provision of this section is declared illegal, invalid or inoperative, in whole or in part, by the final decision of any court of competent jurisdiction, the remaining provisions and all portions not declared illegal, invalid or inoperative shall remain in full force or effect, and no such determination shall invalidate the remaining sections or portions of the sections of this section.[2]
Background
Senate Bill 106
The Nevada State Legislature passed Senate Bill 106 (SB 106) in 2017. SB 106 was designed to increase the minimum wage to $12 an hour for employees without employer-provided healthcare and $11 an hour for employees with employer-provided healthcare.[3]
On June 8, 2017, Gov. Brian Sandoval (R) vetoed the bill.[4] The governor said the idea was commendable but that the bill would have had negative consequences. He stated, "Such negative consequences threaten to undermine Nevada's economic recovery by making it harder for employers to fill positions and making it more difficult for entry-level workers to access jobs in which they can acquire skills for advancement." William McCurdy, chairperson of the Nevada Democratic Party, responded, "Nevada’s working families deserved this reasonable minimum wage increase. Raising the minimum wage would boost paychecks, help employers retain talented employees and strengthen our economy."[5]
Path to the ballot
- See also: Amending the Nevada Constitution
In Nevada, a majority vote is required in two successive sessions of the Nevada State Legislature to place an amendment on the ballot.
2017 legislative session
The amendment was introduced as Senate Joint Resolution 6 (SJR 6) on February 27, 2017. The Nevada Senate approved the measure 12 to 9 on May 31, 2017. The Nevada Assembly passed the measure 27 to 15 on June 5, 2017. In both chambers, the vote occurred along party lines. Democrats supported the amendment, while Republicans opposed the amendment. The legislature's one independent supported the amendment.[6]
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Vote in Senate on May 31, 2017
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Vote in Assembly on June 5, 2017
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2019 legislative session
Both chambers of the state legislature needed to pass SJR 6 during the 2019 legislative session to refer the amendment to the ballot for the election on November 3, 2020. However, neither chamber of the legislature voted on SJR 6 in 2019.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Nevada Legislature, "Senate Joint Resolution 6," accessed June 6, 2017
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ Nevada Legislature, "Senate Bill 106," accessed July 17, 2017
- ↑ Nevada Legislature, "SB 106 Overview," accessed July 17, 2017
- ↑ News 4, "Bill raising minimum wage in Nevada vetoed by Gov. Sandoval," June 8, 2017
- ↑ Nevada Legislature, "SJR 6 Overview," accessed June 6, 2017
