West Virginia 2019 Regular Session Status: Enacted

SB 377 — Relating to minimum wage and maximum hour standards

Last action — Chapter 157, Acts, Regular Session, 2019

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 21, 2019. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    2 passed, 3 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

95 added · 96 removed

Plain-language change summary

The recent amendment to Bill SB 377 clarifies certain definitions related to minimum wage and working hours for employees. A key change is the exclusion of seasonal amusement park workers from maximum hour requirements, which means these workers may not be limited in the number of hours they can work. This change is important as it could affect worker rights and working conditions for those in the amusement park industry, potentially leading to longer hours without additional protections.

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NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 377 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 377 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced Senate Bill 377 By Senator Maynard [Introduced January 21, 2019;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Senate Bill 377 By Senator Maynard [Passed February 20, 2019;
Referred to the Committee on the Judiciary]       A BILL to amend and reenact §21-5C-1 of the Code of West Virginia, 1931, as amended, relating to minimum wage and maximum hours standards for employees;
in effect 90 days from passage]       AN ACT to amend and reenact §21-5C-1 of the Code of West Virginia, 1931, as amended, relating to minimum wage and maximum hours standards for employees;
or (19) any person employed as a seasonal employee of a commercial whitewater outfitter where the seasonal employee works less than seven months in any one calendar year and, in such case, only for the limited purpose of exempting the seasonal employee from the maximum wage provisions of §21-5C-3 of this code;
(19) any person employed as a seasonal employee of a commercial whitewater outfitter where the seasonal employee works less than seven months in any one calendar year and, in such case, only for the limited purpose of exempting the seasonal employee from the maximum hours provisions of §21-5C-3 of this code;
or (20) any person employed as a seasonal employee of an amusement park where the seasonal employee works less than seven months in any one calendar year and, in such case, only for the limited purpose of exempting the seasonal employee from the maximum wage and hours provisions of §21-5C-3 of this code.
or (20) any person employed as a seasonal employee of an amusement park where the seasonal employee works less than seven months in any one calendar year and, in such case, only for the limited purpose of exempting the seasonal employee from the maximum hours provisions of §21-5C-3 of this code.
(g) “Workweek” means a regularly recurring period of 168 hours in the form of seven consecutive 24-hour periods, need not coincide with the calendar week, and may begin any day of the calendar week and any hour of the day.
(g) “Work week” means a regularly recurring period of 168 hours in the form of seven consecutive 24-hour periods, need not coincide with the calendar week, and may begin any day of the calendar week and any hour of the day.
Provided, That in determining hours worked for the purposes of §21-5C-2 and §21-5C-3 of this code, there shall be excluded any time spent in changing clothes or washing at the beginning or end of each workday, time spent in walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such the employee is employed to perform and activities which are preliminary to or postliminary to said the principal activity or activities, subject to such exceptions as the commissioner may by rules and regulations define.
Provided, That in determining hours worked for the purposes of §21-5C-2 and §21-5C-3 of this code, there shall be excluded any time spent in changing clothes or washing at the beginning or end of each workday, time spent in walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which the employee is employed to perform and activities which are preliminary to or postliminary to the principal activity or activities, subject to such exceptions as the commissioner may by rules define.
  NOTE:
The purpose of this bill is to exclude seasonal amusement park workers from the definition of “employee” for the purposes of maximum hours standards.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. Chapter 157, Acts, Regular Session, 2019

  2. Approved by Governor 3/1/19 - House Journal

  3. Approved by Governor 3/1/19 - Senate Journal

  4. Approved by Governor 3/1/19

  5. To Governor 2/25/19 - House Journal

  6. To Governor 2/25/19

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 168)

  11. House Message received

  12. Communicated to Senate

  13. Passed House (Roll No. 204)

  14. Read 3rd time

  15. On 3rd reading, Special Calendar

  16. Committee amendment adopted (Voice vote)

  17. Amendment to committee amendment rejected (Roll No. 198)

  18. Amendment to committee amendment rejected (Roll No. 197)

  19. Amendment to committee amendment rejected (Roll No. 196)

  20. Read 2nd time

  21. On 2nd reading, Special Calendar

  22. Postponed on 2nd reading, Special Calendar, until 2/18/19

  23. On 2nd reading, Special Calendar

  24. Postponed on 2nd reading, Special Calendar, until 2/15/19

  25. On 2nd reading, Special Calendar

  26. Read 1st time

  27. On 1st reading, Special Calendar

  28. With amendment, do pass

  29. To House Judiciary

  30. To Judiciary

  31. Introduced in House

  32. Ordered to House

  33. Passed Senate (Roll No. 74)

  34. Read 3rd time

  35. On 3rd reading

  36. Read 2nd time

  37. On 2nd reading

  38. Read 1st time

  39. On 1st reading

  40. Reported do pass

  41. To Judiciary

  42. Introduced in Senate

  43. To Judiciary

  44. Filed for introduction

Sponsors

  • Maynard · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 151 not signed on · 26 voted No

Sponsors (1)

  • Maynard

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 63 Yea · 32 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 402605
Republican 23100
Democrat 0500
Total 633205
% of votes cast 63%32%0%5%
How each member voted (100)
Member Party Vote
Foster — Yea
Hartman — Yea
Maynard — Yea
Sypolt — Yea
Nelson — Yea
Bibby — Yea
Boggs — Yea
Cadle — Yea
Graves — Yea
Hamrick — Yea
Hardy — Yea
Harshbarger — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Linville — Yea
Malcolm — Yea
Pack — Yea
Rowan — Yea
Steele — Yea
Swartzmiller — Yea
Waxman — Yea
Westfall — Yea
Wilson — Yea
Phillips — Yea
Jeffries, J. — Yea
Evans — Nay
Thompson, C. — Nay
Brown, N. — Nay
Thompson, R. — Nay
Tomblin — Nay
Walker — Nay
Diserio — Nay
Brown, S. — Not Voting
Bates — Nay
Byrd — Nay
Capito — Not Voting
Caputo — Nay
Espinosa — Yea
Fast — Yea
Fleischauer — Nay
Kump — Not Voting
Lavender-Bowe — Nay
Longstreth — Not Voting
Miley — Nay
Paynter — Nay
Porterfield — Yea
Robinson — Nay
Rodighiero — Not Voting
Skaff — Nay
Sponaugle — Nay
Zukoff — Nay
Angelucci — Nay
Atkinson — Yea
Canestraro — Nay
Cowles — Yea
Doyle — Yea
Estep-Burton — Nay
Hanna — Yea
Hicks — Nay
Higginbotham — Yea
Kessinger — Yea
Lovejoy — Nay
Mandt — Yea
Pethtel — Nay
Pyles — Yea
Rowe — Nay
Shott — Yea
Staggers — Nay
Storch — Yea
Summers — Yea
Evan Hansen Democrat Nay
John Williams Democrat Nay
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Nay
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

HFA LOVEJOY 2-14

Failed 46 Yea · 54 Nay
Party YeaNayPresentNot Voting
Unaffiliated 363500
Republican 51900
Democrat 5000
Total 465400
% of votes cast 46%54%0%0%
How each member voted (100)
Member Party Vote
Evans — Yea
Thompson, C. — Yea
Thompson, R. — Yea
Brown, N. — Yea
Tomblin — Yea
Brown, S. — Yea
Hartman — Yea
Walker — Yea
Atkinson — Yea
Bates — Yea
Boggs — Yea
Byrd — Yea
Fleischauer — Yea
Hicks — Yea
Longstreth — Yea
Miley — Yea
Pethtel — Yea
Sponaugle — Yea
Swartzmiller — Yea
Diserio — Yea
Sypolt — Nay
Maynard — Nay
Nelson — Nay
Jeffries, J. — Nay
Phillips — Nay
Foster — Nay
Bibby — Nay
Cadle — Nay
Canestraro — Yea
Caputo — Yea
Espinosa — Nay
Fast — Nay
Hamrick — Nay
Hanna — Nay
Harshbarger — Nay
Higginbotham — Yea
Hollen — Nay
Householder — Nay
Kessinger — Nay
Kump — Nay
Linville — Yea
Malcolm — Nay
Pack — Nay
Porterfield — Nay
Rowan — Nay
Rowe — Yea
Shott — Nay
Steele — Nay
Waxman — Nay
Westfall — Nay
Wilson — Nay
Zukoff — Yea
Angelucci — Yea
Capito — Nay
Cowles — Nay
Doyle — Yea
Estep-Burton — Yea
Graves — Nay
Hardy — Nay
Hill — Nay
Lavender-Bowe — Yea
Lovejoy — Yea
Mandt — Nay
Paynter — Nay
Pyles — Yea
Robinson — Yea
Rodighiero — Yea
Skaff — Yea
Staggers — Yea
Storch — Nay
Summers — Nay
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Nay
Betsy Kelly Republican Nay
Betsy Kelly Republican Nay
Carl Martin Republican Nay
Christopher W. Toney Republican Nay
D. Rolland Jennings Republican Nay
Dean Jeffries Republican Nay
Evan Worrell Republican Yea
Gary G. Howell Republican Nay
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Nay
Joe Ellington Republican Nay
John Paul Hott Republican Nay
Mark Dean Republican Nay
Matthew Rohrbach Republican Yea
Mike Azinger Republican Nay
Pat McGeehan Republican Nay
Patrick Martin Republican Nay
Roger Hanshaw Republican Nay
Roy Cooper Republican Nay
Vernon Criss Republican Nay
William Anderson Republican Nay

Official roll call →

HFA ROBINSON 2-15 #1

Failed 44 Yea · 56 Nay
Party YeaNayPresentNot Voting
Unaffiliated 353600
Republican 42000
Democrat 5000
Total 445600
% of votes cast 44%56%0%0%
How each member voted (100)
Member Party Vote
Evans — Yea
Brown, N. — Yea
Bates — Yea
Boggs — Yea
Fleischauer — Yea
Longstreth — Yea
Mandt — Yea
Sponaugle — Yea
Swartzmiller — Yea
Brown, S. — Yea
Thompson, C. — Yea
Hartman — Yea
Thompson, R. — Yea
Tomblin — Yea
Walker — Yea
Diserio — Yea
Foster — Nay
Sypolt — Nay
Maynard — Nay
Nelson — Nay
Atkinson — Nay
Byrd — Yea
Canestraro — Yea
Capito — Nay
Cowles — Nay
Espinosa — Nay
Graves — Nay
Hanna — Nay
Hardy — Nay
Hicks — Yea
Hill — Nay
Hollen — Nay
Householder — Nay
Kessinger — Nay
Kump — Nay
Linville — Yea
Malcolm — Nay
Pack — Nay
Paynter — Nay
Porterfield — Nay
Robinson — Yea
Rowan — Nay
Shott — Nay
Steele — Nay
Waxman — Nay
Westfall — Nay
Wilson — Nay
Jeffries, J. — Nay
Phillips — Nay
Angelucci — Yea
Bibby — Nay
Cadle — Nay
Caputo — Yea
Doyle — Yea
Estep-Burton — Yea
Fast — Nay
Hamrick — Nay
Harshbarger — Nay
Higginbotham — Nay
Lavender-Bowe — Yea
Lovejoy — Yea
Miley — Yea
Pethtel — Yea
Pyles — Yea
Rodighiero — Yea
Rowe — Yea
Skaff — Yea
Staggers — Yea
Storch — Nay
Summers — Nay
Zukoff — Yea
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Nay
Betsy Kelly Republican Nay
Betsy Kelly Republican Nay
Carl Martin Republican Nay
Christopher W. Toney Republican Nay
D. Rolland Jennings Republican Nay
Dean Jeffries Republican Nay
Evan Worrell Republican Nay
Gary G. Howell Republican Nay
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Nay
Joe Ellington Republican Nay
John Paul Hott Republican Nay
Mark Dean Republican Nay
Matthew Rohrbach Republican Yea
Mike Azinger Republican Nay
Pat McGeehan Republican Nay
Patrick Martin Republican Nay
Roger Hanshaw Republican Nay
Roy Cooper Republican Nay
Vernon Criss Republican Nay
William Anderson Republican Nay

Official roll call →

HFA ROBINSON 2-15 #2

Failed 44 Yea · 55 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 363401
Republican 32100
Democrat 5000
Total 445501
% of votes cast 44%55%0%1%
How each member voted (100)
Member Party Vote
Evans — Yea
Brown, N. — Yea
Thompson, C. — Yea
Hartman — Yea
Thompson, R. — Yea
Tomblin — Yea
Walker — Yea
Diserio — Yea
Bates — Yea
Boggs — Yea
Byrd — Yea
Caputo — Yea
Estep-Burton — Yea
Hicks — Yea
Higginbotham — Yea
Linville — Yea
Longstreth — Yea
Mandt — Yea
Miley — Yea
Pethtel — Yea
Rodighiero — Yea
Skaff — Yea
Sponaugle — Yea
Swartzmiller — Yea
Westfall — Yea
Zukoff — Yea
Foster — Nay
Maynard — Nay
Sypolt — Nay
Nelson — Nay
Jeffries, J. — Nay
Phillips — Nay
Brown, S. — Not Voting
Atkinson — Nay
Bibby — Nay
Capito — Nay
Espinosa — Nay
Fast — Nay
Graves — Nay
Hamrick — Nay
Hardy — Nay
Harshbarger — Nay
Hollen — Nay
Kump — Nay
Malcolm — Nay
Pack — Nay
Paynter — Nay
Porterfield — Nay
Rowan — Nay
Shott — Nay
Storch — Nay
Summers — Nay
Waxman — Nay
Wilson — Nay
Angelucci — Yea
Cadle — Nay
Canestraro — Yea
Cowles — Nay
Doyle — Yea
Fleischauer — Yea
Hanna — Nay
Hill — Nay
Householder — Nay
Kessinger — Nay
Lavender-Bowe — Yea
Lovejoy — Yea
Pyles — Yea
Robinson — Yea
Rowe — Yea
Staggers — Yea
Steele — Nay
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Nay
Betsy Kelly Republican Nay
Betsy Kelly Republican Nay
Carl Martin Republican Nay
Christopher W. Toney Republican Nay
D. Rolland Jennings Republican Nay
Dean Jeffries Republican Nay
Evan Worrell Republican Nay
Gary G. Howell Republican Nay
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Nay
Joe Ellington Republican Nay
John Paul Hott Republican Nay
Mark Dean Republican Nay
Matthew Rohrbach Republican Nay
Mike Azinger Republican Nay
Pat McGeehan Republican Nay
Patrick Martin Republican Nay
Roger Hanshaw Republican Nay
Roy Cooper Republican Nay
Vernon Criss Republican Nay
William Anderson Republican Nay

Official roll call →

Passage

Passed 31 Yea · 3 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 29300
Total 31300
% of votes cast 91%9%0%0%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
LINDSAY — Nay
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
PALUMBO — Yea
TARR — Yea
PLYMALE — Yea
TRUMP — Yea
CLINE — Yea
PREZIOSO — Yea
UNGER — Yea
FACEMIRE — Nay
ROBERTS — Yea
WELD — Yea
HAMILTON — Yea
ROMANO — Nay
WOELFEL — Yea
HARDESTY — Yea
RUCKER — Yea
MR PRESIDENT — Yea
IHLENFELD — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 377?
SB 377 is sponsored by Maynard.
What is the current status of SB 377?
This bill has been enacted into law. Introduced January 21, 2019. Enacted.
Where can I track SB 377?
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