« Ind. Decisions - Porter Judge Alexa rules on Soliday residency dispute | Main | Ind. Decisions - More on: Porter Judge Alexa rules on Soliday residency dispute »

Wednesday, April 18, 2007

Ind. Law - "Indiana lawmakers send wagebill to governor, but there's catch"

Bryan Corbin's story today in the Evansville Courier & Press is headed "Indiana lawmakers send wagebill to governor, but there's catch." Some quotes:

INDIANAPOLIS A bill that would increase Indiana's minimum wage to $7.25 an hour if Congress raises the federal minimum is on its way to the governor's desk.

Late Tuesday, the Indiana House concurred on Senate changes to House Bill 1027, the bill to tie the state minimum to the federal rate.

House members voted 75-22 to approve Senate amendments to the bill. Twenty-five Republicans and 50 Democrats voted yes; the 22 dissenters were all Republicans.

The state Senate linked any Indiana increase to a bill now before Congress that would raise the federal minimum to $7.25 an hour over two years. The Indiana legislation passed the Senate 45-3, sending it back to the House. * * *

Now that the House has concurred with Senate changes, House Bill 1027 goes to the governor for his consideration. Gov. Mitch Daniels in the past has said he could sign a minimum-wage increase, if it were reasonable.

Among Southwestern Indiana representatives, voting yes Tuesday were Republican Suzanne Crouch and Democrats Dennis Avery, Kreg Battles, Crooks, Phil Hoy, Stilwell and Trent Van Haaften.

Day acknowledged that before Indiana's minimum could increase, Congress would have to pass a bill now before it to raise the federal rate.

"It's not a certain thing, of course," Day said.

If the federal legislation does not become law, then Day said increasing the state minimum will be a top priority in the Legislature's 2008 short session.

The federal minimum wage has remained at $5.15 an hour since 1997. Individual states have the right to increase their state minimums above that, and 30 states and the District of Columbia already have.

Here is the relevant language in HB 1027, found on p. 3 of the bill:
(h) Except as provided in subsections (c) and (j), every employer employing at least two (2) employees during a work week shall, in any work week in which the employer is subject to this chapter, pay each of the employees in any work week beginning on or after June 30, 2007, wages of not less than the minimum wage payable under the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.).
According to today's C&P story, the "catch" is that Congress has not yet passed the minimum wage increase that the Indiana law will incorporate by reference.

In my opinion, for the reasons I set out in this April 11th ILB entry titled "Is this an unconstitutional delegation of Indiana legislative authority?" the "catch" is that this effort would constitute an unconstitutional delegation of Indiana legislative authority to the federal government.

Posted by Marcia Oddi on April 18, 2007 09:21 AM
Posted to Indiana Law