Nevada Question 2, Minimum Wage Amendment (2022)
| Nevada Question 2 | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Minimum wage | |
| Status On the ballot | |
| Type Constitutional amendment | Origin State legislature |
Nevada Question 2, the Minimum Wage Amendment, is on the ballot in Nevada as a legislatively referred constitutional amendment on November 8, 2022.
A "yes" vote supports amending the state constitution to:
|
A "no" vote opposes this amendment, thereby maintaining the existing increase of the minimum wage to $11 for employees receiving health benefits and $12 for employees not receiving health benefits by 2024 with annual inflation adjustments required by the state constitution. |
Overview
How would the amendment change the minimum wage in Nevada?
- See also: Measure design
The amendment would increase the minimum wage in Nevada to $12 per hour by July 1, 2024, and stop the existing annual adjustments determined by inflation. The wage would apply to all workers regardless if they receive health benefits from their employers. It also would allow the legislature to pass laws that establish a higher minimum wage than the rate established by the amendment.[1]
On July 1, 2022, the minimum wage increased to $9.50 for employees with employer health benefits and $10.50 for employees without employer health benefits. Under Assembly Bill 456 (AB 456), which was passed in 2019, the rate is set to increase incrementally until 2024 when it reaches $11 and $12 for the respective employee tiers. The minimum wage would then be adjusted annually for inflation.[2]
When did the state first adopt a minimum wage in the state constitution?
- See also: Minimum wage on the ballot in Nevada
A minimum wage of $5.15 per hour worked if the employer provides health benefits or $6.15 per hour worked if the employer does not provide health benefits was adopted in 2006 via an initiated constitutional amendment. In Nevada, initiated constitutional amendments need to be approved in two consecutive even-numbered election years. In 2004, Nevadans first approved Question 6 by a vote of 68.4% to 31.6%. The amendment tied the minimum wage to annual inflation increases but limited any annual increase to 3%. The amendment received final approval in 2006 by a vote of 68.7% to 31.3%.
Nevada is the sole state to constitutionally require a tiered minimum wage based on employee health benefits. The 2022 amendment would remove the tiered system.
What are supporters and opponents saying about the amendment?
- See also: Support and Opposition
Assembly Speaker Jason Frierson (D) said, "The distinction between minimum wage depending on whether or not there is health care has been included in the Nevada constitution for some time. ... It’s important to note that Nevada is the only state that has this distinction. We’ve had numerous conversations in an attempt to define what health care benefits need to be in order to qualify. It’s an unusual way to calculate minimum wage and distinguish between minimum wage rates. We believe it’s time to make that change so Nevada can remain competitive to our surrounding states."[3]
Marcos Lopez, legislative liaison for Americans for Prosperity- Nevada, said, "AJR10 would lead to decreased economic opportunity for the very people it is intended to help. There is a strong body of research indicating that minimum wage policies reduce overall employment and have no negligible impacts on reducing poverty. No matter how well-intended, a significant increase to the Nevada minimum wage would undermine individual opportunity for tens of thousands of Nevada residents to earn a living while offering a positive short-term impact for very few current workers."[4]
Measure design
The amendment would increase the minimum wage in Nevada to $12 per hour by July 1, 2024, and stop the existing annual adjustments determined by inflation. The wage would apply to all workers regardless if they receive health benefits from their employers. It also would allow the legislature to pass laws that establish a higher minimum wage than the rate established by the amendment.[1]
In the 2019 state legislative session, the Nevada State Legislature passed Assembly Bill 456 (AB 456), which enacted a minimum wage increase beginning in 2020 at a rate of $8.00 for employees that received health benefits and $9.00 for those who did not. The rate is set to increase incrementally until 2024 when it reaches $11 and $12 for the respective employee tiers.[2]
Text of measure
Ballot title
The official ballot title is as follows:[1]
| “ |
Question 2: Assembly Joint Resolution No. 10 of the 80th Session: Shall the Nevada Constitution be amended, effective July 1, 2024, to: (1) establish the State’s minimum wage that employers must pay to certain employees at a rate of $12 per hour worked, subject to any applicable increases above that $12 rate provided by federal law or enacted by the Nevada Legislature; (2) remove the existing provisions setting different rates for the minimum wage based on whether the employer offers certain health benefits to such employees; and (3) remove the existing provisions for adjusting the minimum wage based on applicable increases in the cost of living? [5] |
” |
Ballot summary
The official ballot summary is as follows:[1]
| “ |
This ballot measure amends the Nevada Constitution to require that, beginning July 1, 2024, each employer must pay each employee to whom the minimum wage requirements apply (referred to as a “nonexempt employee”) a minimum wage of not less than $12 per hour worked, subject to any applicable increases above $12 per hour worked provided by federal law or enacted by the Legislature. This ballot measure further removes from the Nevada Constitution, effective July 1, 2024, the existing provisions allowing an employer that offers certain health benefits to nonexempt employees to pay a minimum wage of $1 per hour less than an employer that does not offer such health benefits to nonexempt employees. This ballot measure also removes from the Nevada Constitution, effective July 1, 2024, the existing provisions adjusting the State’s minimum wage rates based on the greater of certain increases in the federal minimum wage or certain increases in the cost of living measured by percentage increases in the Consumer Price Index (CPI), with caps on the cost-of-living increases for the adjusted rates. However, this ballot measure requires the State’s minimum wage to be increased based on applicable increases in the federal minimum wage, providing that if, at any time, the federal minimum wage is greater than $12 per hour worked, the State’s minimum wage is increased to the amount established for the federal minimum wage, unless the Legislature establishes, by state statute, a minimum wage that is greater than the federal minimum wage as permitted by federal law. This ballot measure additionally expresses in the Nevada Constitution the existing authority of the Legislature to establish, by state statute, a minimum wage that is greater than the minimum hourly rate required by the Nevada Constitution. If approved by the voters, this ballot measure supersedes any conflicting provisions in the State’s existing minimum wage statutes which, on July 1, 2024, require an employer to pay a minimum wage of $11 per hour worked, if the employer offers certain health benefits to nonexempt employees, or $12 per hour worked, if the employer does not offer such health benefits to nonexempt employees, unless the Legislature amends those existing statutes to conform to this ballot measure before that date. A “Yes” vote would, effective July 1, 2024: (1) add provisions in the Nevada Constitution establishing the State’s minimum wage that employers must pay to nonexempt employees at a rate of $12 per hour worked, subject to any applicable increases above that $12 rate provided by federal law or enacted by the Legislature; (2) remove the existing provisions in the Nevada Constitution setting different rates for the minimum wage based on whether the employer offers certain health benefits to such employees; and (3) remove the existing provisions in the Nevada Constitution for adjusting the minimum wage based on applicable increases in the cost of living, with caps on the cost-of-living increases for the adjusted rates. A “No” vote would: (1) keep the State’s existing minimum wage, subject to any applicable increases or decreases provided by federal law or enacted by the Legislature; (2) keep the existing provisions in the Nevada Constitution setting different rates for the minimum wage based on whether the employer offers certain health benefits to nonexempt employees; and (3) keep the existing provisions in the Nevada Constitution for adjusting the minimum wage based on the greater of applicable increases in the federal minimum wage or applicable increases in the cost of living, with caps on the cost-of-living increases for the adjusted rates. [5] |
” |
Constitutional changes
- See also: Article 15, Nevada Constitution
The measure would amend Section 16 of Article 15 of the Nevada Constitution. The following underlined text would be added, and struck-through text would be deleted:[1]
Note: Use your mouse to scroll over the below text to see the full text.
Text of Section 16: Payment of Minimum Compensation to Employees
2. If, at anytime, the amount of the federal minimum wage 3. The legislature may establish by a law a minimum wage that an employer must pay to each employee that is greater than the hourly rate required by this section. 4. Tips or gratuities received by employees shall not be credited as being any part of or offset against the wage rates required by this section.
5. Except as otherwise provided in this section, the provisions of this section may not be waived by agreement between an 6.An employer shall not, in any manner, 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. 7.An employee claiming violation of this section
a. "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. b.“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.
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Full text
The full text is available here.
Support
Supporters
Officials
- State Assemblyman Jason Frierson (D)
Organizations
Arguments
Opposition
Opponents
Political Parties
Organizations
Arguments
Campaign finance
If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Polls
- See also: Nevada ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
| Nevada Equal Rights Amendment (2022) | ||||||
|---|---|---|---|---|---|---|
| Suffolk University | 8/14/22-8/17/22 | 500 LV | ± 4.4% | 70.8% | 20.2% | 7.8% |
| Question: "Another ballot initiative would change how Nevada’s minimum wage is handled. It closely mirrors existing state law but would allow the State Legislature to increase the minimum wage and would never let the state’s minimum wage fall below the federal minimum wage. At this point, do you strongly support, somewhat support, somewhat oppose, or strongly oppose this ballot initiative?" | ||||||
| Note: LV is likely voters, RV is registered voters, and EV is eligible voters. | ||||||
Background
Assembly Bill 456 (2019)
In the 2019 state legislative session, the Nevada State Legislature passed Assembly Bill 456 (AB 456), which enacted a minimum wage increase according to the following tiers and schedule:[2]
| Effective date | Rate for employees with employer health benefits | Rate for employees without employer health benefits |
|---|---|---|
| July 1, 2020 | $8.00 | $9.00 |
| July 1, 2021 | $8.75 | $9.75 |
| July 1, 2022 | $9.50 | $10.50 |
| July 1, 2023 | $10.25 | $11.25 |
| July 1, 2024 | $11.00 | $12.00 |
Minimum wage on the ballot in Nevada
- See also: Question 6 (2004) and Question 6 (2006)
In Nevada, initiated constitutional amendments need to be approved in two consecutive even-numbered election years. In 2004, Nevadans first approved Question 6 by a vote of 68.4% to 31.6%. The amendment added a new section to the Nevada Constitution that required employers to pay employees $5.15 per hour worked if the employer provides health benefits or $6.15 per hour worked if the employer does not provide health benefits. The amendment tied the minimum wage to annual inflation increases but limited any annual increase to 3%. The amendment received final approval in 2006 by a vote of 68.7% to 31.3%.
2021 minimum wages
The average state minimum wage in 2021 is about $9.59, up from $9.17 in 2020.
The highest statewide minimum wages are:
- $14.00 in California,
- $13.69 in Washington, and
- $13.50 in Massachusetts.
In Washington, D.C., the minimum wage is $15 per hour. The lowest minimum wages based on state law are $5.15 in Georgia and Wyoming, which is lower than the federal government's requirement. In those states the federal minimum wage of $7.25 supersedes state law for most types of employees. Twenty (20) states use the federal minimum wage rate of $7.25.
The map below shows 2021 state minimum wages.
Outcomes of minimum wage measures, 1988-2020
From 1996 to 2021, there were 26 minimum wage increase measures on the ballot. Voters approved 24 (92.31%) and rejected two (7.69%).[6]
As of 2021, the last time that voters rejected a minimum wage increase measure was in 1996, when measures were defeated in Missouri and Montana.
The following chart shows election outcomes for minimum wage increase ballot measures from 1996 to 2021.
| Measures to increase state minimum wages (1996-2021) | |||||||
|---|---|---|---|---|---|---|---|
| Year | State | Measure | Wage | Type | Yes votes (%) | No votes (%) | Outcome |
| 2020 | Florida | Amendment 2 | $15.00 (2026) | Initiative | 60.82% | 39.18% | 
|
| 2018 | Arkansas | Issue 5 | $11.00 (2021) | Initiative | 68.46% | 31.54% |
|
| 2018 | Missouri | Proposition B | $12.00 (2023) | Initiative | 62.34% | 37.66% |
|
| 2016 | Arizona | Proposition 206 | $12.00 (2020) | Initiative | 58.33% | 41.67% |
|
| 2016 | Colorado | Amendment 70 | $12.00 (2020) | Initiative | 55.36% | 44.64% |
|
| 2016 | Maine | Question 4 | $12.00 (2020) | Initiative | 55.50% | 44.50% |
|
| 2016 | Washington | Initiative 1433 | $13.50 (2020) | Initiative | 57.42% | 42.58% |
|
| 2014 | Alaska | Measure 3 | $9.75 (2016) | Initiative | 69.35% | 30.65% |
|
| 2014 | Arkansas | Issue 5 | $8.50 (2017) | Initiative | 65.94% | 34.06% |
|
| 2014 | Nebraska | Initiative 425 | $9.00 (2016) | Initiative | 59.47% | 40.53% |
|
| 2014 | South Dakota | Measure 18 | $8.50 (2015) | Initiative | 55.05% | 44.95% |
|
| 2013 | New Jerseu | Question 2 | $8.25 (2014) | Referral | 61.26% | 38.74% |
|
| 2006 | Arizona | Proposition 2022 | $6.75 (2007) | Initiative | 65.37% | 34.63% |
|
| 2006 | Colorado | Initiative 42 | $6.85 (2007) | Initiative | 53.30% | 46.70% |
|
| 2006 | Missouri | Proposition B | $6.50 (2007) | Initiative | 75.94% | 24.06% |
|
| 2006 | Montana | I-151 | $6.50 (2007) | Initiative | 72.69% | 27.31% |
|
| 2006 | Nevada | Question 6 | $6.15 (2006)[7] | Initiative | 68.71% | 31.29% |
|
| 2006 | Ohio | Amendment 2 | $6.85 (2007) | Initiative | 56.65% | 43.35% |
|
| 2004 | Florida | Amendment 5 | $6.15 (2005) | Initiative | 71.25% | 28.75% |
|
| 2004 | Nevada | Question 6 | $6.15 (2006)[7] | Initiative | 68.4% | 31.6% |
|
| 2002 | Oregon | Measure 25 | $6.90 (2003) | Initiative | 51.3% | 48.7% |
|
| 1998 | Washington | Initiative 688 | $6.50 (2000) | Initiative | 66.1% | 33.9% |
|
| 1996 | California | Proposition 210 | $5.75 (1998) | Initiative | 61.45% | 38.55% |
|
| 1996 | Missouri | Proposition A | $6.75 (1999)[8] | Initiative | 28.70% | 71.30% | 
|
| 1996 | Montana | I-121 | $6.25 (2000) | Initiative | 43.53% | 56.47% |
|
| 1996 | Oregon | Measure 36 | $6.50 (1999) | Initiative | 56.85% | 43.15% |
|
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.
The amendment was introduced as Assembly Joint Resolution 10 (AJR 10) during the 2019 legislative session. The amendment passed in the Nevada State Legislature along party lines with Democrats in the majority and Republicans in the minority. The State Assembly passed the amendment in a vote of 28-12 with one Republican member excused while the Nevada State Senate passed the amendment in a vote of 12-8 with one Democratic member excused.[2]
During the 2021 legislative session, the State Assembly passed the amendment along party lines with a vote of 26 Democrats in favor and 16 Republicans opposed. The Senate passed the amendment largely along party lines with a vote of 13-8, with one Republican joining the Democratic majority.[9]
2019 legislative session
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2021 legislative session
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How to cast a vote
- See also: Voting in Nevada
Click "Show" to learn more about voter registration, identification requirements, and poll times in Nevada.
| How to cast a vote in Nevada | |||||
|---|---|---|---|---|---|
Poll timesAll polling places in Nevada are open from 7:00 a.m. to 7:00 p.m. Pacific Time. An individual who is in line at the time polls close must be allowed to vote.[10][11] RegistrationTo register to vote in Nevada, each applicant must be must a citizen of the United States, a resident of Nevada for at least 30 days before the election, and at least 18 years old by the day of the election. Seventeen-year-olds can preregister to vote. Anyone who has been declared mentally incompetent by a court may not register to vote.[12] A voter registration application can be completed in person at the county clerk’s office, the Department of Motor Vehicles, other social service agencies, or college campuses. In-person registration must be completed 28 days before regular elections; registration forms submitted by mail must be postmarked by the same day. Online applications must be submitted by the Thursday before regular elections.[13][12] Automatic registrationNevada enacted automatic voter registration in 2018; as of February 2020, it had not yet been implemented.[14] Online registration
Nevada has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationNevada allows same-day voter registration at polling places during early voting and on election day.[12] Residency requirementsIn order to register to vote in Nevada, applicants must be a resident of the state for at least 30 days prior to the election.[12] Verification of citizenshipNevada does not require proof of citizenship for voter registration.[15] Verifying your registrationThe Nevada Secretary of State’s office allows residents to check their voter registration status online by visiting this website.
Voter ID requirementsNevada does not require voters to present identification while voting, in most cases. A voter in Nevada must sign his or her name in the election board register at his or her polling place. The signature is compared with the signature on the voter's original application to vote or another form of identification, such as a driver's license, a state identification card, military identification, or another government-issued ID.[16] | |||||
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Nevada State Legislature, "AJR 10" accessed June 4, 2019
- ↑ 2.0 2.1 2.2 2.3 Nevada Labor Department, "2020 Minimum Wage Bulletin," accessed November 9, 2020
- ↑ Nevada Current, "Senate Committee Hearing Debates Nevadas Minimum Wage Distinction," accessed September 9, 2021
- ↑ Nevada State Legislature, "Testimony by Americans for Prosperity," accessed September 9, 2021
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Note: In 2014, voters approved an advisory question on increasing the minimum wage in Illinois. As this question was nonbinding, the measure is not counted here.
- ↑ 7.0 7.1 Question 6 provided that employers to compensate employees $5.15 per hour when the employer provides health benefits or $6.15 per hour when the employer does not provide health benefits.
- ↑ Proposition A would have also added 15 cents to the minimum wage each year beginning in 2000.
- ↑ Nevada State Legislature, "AJR 10 Vote (2021)," accessed May 17, 2021
- ↑ Nevada Revised Statutes, "Title 24, Chapter 293, Section 273," accessed October 17, 2019
- ↑ ACLU of Nevada, "Know Your Voting Rights - Every Vote Counts," accessed October 17, 2019
- ↑ 12.0 12.1 12.2 12.3 Nevada Secretary of State, “Elections,” accessed October 3, 2019
- ↑ Nevada Secretary of State, “Registering to Vote,” accessed October 3, 2019
- ↑ The Nevada Independent, “Automatic voter registration implementation date unclear, elections officials say,” December 12, 2018
- ↑ The Nevada Independent, “The Indy Explains: How does Nevada verify a voter's eligibility?,” April 23, 2017
- ↑ Nevada Revised Statutes, "NRS 293.277 Conditions for entitlement of person to vote; forms of identification to identify registered voter." accessed October 4, 2019
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