34-40-106. Limitations on minimum wage imposed by cities, towns, or counties.
- (1) A city, town, or county may not establish, mandate, or require a minimum wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
- (2)
- (a) A city, town, or county may not require that a person who contracts with the city, town, or county pay that person’s employees a wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
- (b) Subsection (2)(a) does not apply when federal law requires the payment of a specified wage to persons working on projects funded in whole or in part by federal funds.
- (c) Subsection (2)(a) applies to contracts executed on or after April 30, 2001.
- (3)
- (a) If a city, town, or county contracts with a person for the direct purchase of goods or services, in awarding or otherwise executing that contract, the city, town, or county may not give any preferential treatment to a person on the basis that the person pays that person’s employees a wage that exceeds the minimum wage as provided in 29 U.S.C. 201 et seq., Fair Labor Standards Act of 1938.
- (b) This Subsection (3) does not apply when federal law requires the consideration of whether a person pays the person’s employees a specified wage to persons working on projects funded in whole or in part by federal funds.
- (c) This Subsection (3) applies to contracts executed on or after May 2, 2005.
- (4)
- (a) The restrictions of this section on a city, town, or county apply to any entity created by the city, town, or county.
- (b) This Subsection (4) applies to contracts executed on or after May 2, 2005.
Amended by Chapter 287, 2005 General Session