Issues and Positions

[Update August 31,2002]
AB 2242 passed in the Assembly. Senator Debra Bowen opposed this bill when it passed the Senate Appropriations Committee on 8/21/02 by a 7-4 vote. However, the measure was never taken up on the Senate floor for a vote. As a result, it's dead for the year.

Bill Summary

Excerpt of Summary from Text:

Existing law requires establishment of a minimum wage for all industries of not less than $5.75 per hour on and after March 1, 1998.

This bill would adjust the hourly minimum wage on January 1, 2003, and annually thereafter, to maintain employee purchasing power. The automatically adjusted minimum wage would be calculated using the California Consumer Price Index, as specified. The Industrial Welfare Commission would be required to publicize the automatically adjusted minimum wage.

This bill would provide that its provisions may not be construed to preclude an increase in the minimum wage greater than the formula would provide or to result in a reduction in the minimum wage.

California Chamber Summary:

Existing law requires establishment of a minimum wage for all industries of not less than $5.75 per hour on and after March 1, 1998.

This bill would adjust the hourly minimum wage on January 1, 2003, and annually thereafter, to maintain employee purchasing power. The automatically adjusted minimum wage would be calculated using the California Consumer Price Index, as specified. (Staff contact: julianne.broyles@calchamber.com)

Argument(s) in Favor of Opposing This Bill Opponents argue that this measure will harm California's economy because all future decision-making on our state's minimum wage will be made in a vacuum, without regard to economic conditions. It puts all future decisions on auto-pilot. Indexing the minimum wage will result in further job losses to the workers of California.

The opposition states that this measure will usurp the power of the IWC by arbitrarily increasing the minimum wage without the benefit of study or investigation to determine if such action is warranted.

With our state having the second highest minimum wage in the country, there seems little evidence that we should make this move while the economy is struggling. With the indexing approach, our state's small businesses will be confronted with yet another barrier to success. This is especially true for minority and women-owned firms that make up the bulk of small business owners: their profit margins are very low, less than two percent.

Opponents wonder how much more can the state do to stifle free enterprise? Within the last few years of labor law enactments alone, small employers have been confronted with: minimum wages increases, mandatory daily overtime, loss of scheduling flexibility, massive increases in civil and criminal penalties, legal aid lawsuits, onerous Cal-OSHA guidelines and hikes in penalties, job training programs dominated by labor unions, big hikes in unemployment insurance benefits, costly workers compensation benefit increases, and expansion of sick leave policies, to name a few.

A partial list of organizations opposing this bill include:

Agricultural Council of California
Automotive Aftermarket Services
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Cleaners Association
California Farm Bureau Federation
California Grocers Association
California Hotel and Lodging Association
California Lodging Industry Association
California Manufacturers and Technology Assn.
California Restaurant Association
Employers Group
Greater Riverside Chamber of Commerce
Hollywood Chamber of Commerce
Western Growers Association

Argument(s) in Favor of Supporting This Bill

Proponents state that this measure is intended to protect the purchasing power of California's minimum wage, which declined thirty-one percent from 1968 to 2000. During 22 of those 32 years, there was no increase at all in the state's minimum wage, while inflation seriously eroded the relative value of that income.

Supporters cite a review of the state's minimum wage by the California Budget Project which estimated that, using the IWC's own methodology, the hourly wage necessary for a full-time single worker to maintain a minimally adequate standard of living is $8.27. Their calculations assume 51 weeks of work per year, at 40 hours per week, and rental of a studio apartment.

The California Labor Federation has petitioned the IWC to form a wage board and increase the minimum wage, which could become effective in 2003. It claims the employer-dominated IWC is stalling the process in the hope of missing the deadline for an increase to be effective in January 2003.

Supporters contend that low-wage jobs are proliferating, driving down union wages. Jobs paying under $10 per hour are the fastest growing segment of the labor force. According to the Budget Project, seven of the 10 fastest growing occupations in California, measured in absolute terms, pay less than $11 per hour. There are roughly one million workers in minimum wage jobs in California and an additional two million workers are in below-poverty-level jobs. The majority of minimum wage workers are adult primary breadwinners in their families, and many are immigrants. By lobbying to keep the minimum wage low, employers are able to decrease its impact on wage levels. A higher minimum wage would help raise the tide for all workers and for union contracts.

A partial list of organizations supporting this bill include:

California Labor Federation, AFL-CIO (Sponsor)
American Federation of State, County and Municipal Employees
Association of Community Organizations for Reform Now
Association of Retired Americans
California Conference of Catholic Bishops
California Conference of Machinists
California Congress of Seniors
California Federation of Teachers
California Independent Public Employees Legislative Council
California National Organization of Women
California Teachers Association
California Teamsters Public Affairs Council
Consumer Attorneys of California
Consumer Federation of California
Gray Panthers of Sacramento
Hotel Employees, Restaurant Employees International Union

History of the Issue

Bill was first introduced 2/20/02. Passed in the Assembly 5/30/02 (47 Ayes, 30 Noes). To Senate Labor & Industrial Relations 6/4/02 and amended 6/17/02.

Vote(s) by District’s Legislator(s)

Senator Bowen voted in support of this bill.

Current Status of the Issue

Passed (5 Ayes, 2 Noes) in Senate Labor & Industrial Relations on 6/26/02. Referred to Senate Appropriations.

Other Chamber Positions

The Cal Chamber took a position to OPPOSE this legislation. Significantly increases employer costs by at least $416 million ($416 per minimum wage worker yearly) by linking new mandate to annually raise the state minimum wage to the fastest-growing state consumer price index, then requiring the indexed increase to be rounded up to the nearest five cents, beginning January 1, 2003.

Past Positions, Policy on the Issue

The GAC recommended to the Board that the El Segundo Chamber oppose AB 181 (Koretz). Bill filed with the Chief Clerk pursuant to Joint Rule 56.Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

Discussion at the Board meeting (2/19/02) suggested that new language be drafted to oppose the issue rather than the specific bill. Position to be Considered: The El Segundo Chamber opposes automatic annual increases in the minimum wage. The Chamber is particularly concerned linking state increases in the minimum wage to the federal consumer price index does not take into consideration "real time" economic conditions and would burden businesses in already challenging times.

Recommended Action

The GAC recommend to the Executive Committee that the Chamber take a position to OPPOSE this legislation.