(a)  As used in this act:

(i)  "Wage" means compensation due to an employee by reason of his employment;

(ii)  "Employ" includes to suffer or to permit to work;

(iii)  "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;

(iv)  "Employee" includes any individual employed by an employer but shall not include:

(A)  Any individual employed in agriculture;

(B)  Any individual employed in domestic service in or about a private home;

(C)  Any individual employed in a bona fide executive, administrative, or professional capacity;

(D)  Any individual employed by the United States, or by the state or any political subdivision thereof;

(E)  Any individual engaged in the activities of an educational, charitable, religious, or nonprofit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to such organization are on a voluntary basis;

(F)  Repealed By Laws 2001, Ch. 1, § 2.

(G)  Any individual employed as an outside salesman whose compensation is solely commission on sales;

(H)  Any individual whose employment is driving an ambulance or other vehicle from time to time as necessity requires but who is on call at any time;

(J)  Repealed By Laws 2001, Ch. 1, § 2.

(v)  In this act, "shall" is used in an imperative sense and "may" is used in a permissive sense;

(vi)  "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are gainfully employed.

(a)  Every employer shall pay to each of his or her employees wages at a rate of not less than five dollars and fifteen cents ($5.15) per hour.

(b)  Effective April 1, 2001 and thereafter, all employers who employ tipped employees shall not pay less than two dollars and thirteen cents ($2.13) per hour to his tipped employees. Provided further, if the wage paid by the employer combined with the tips received by the employee during a given pay period does not equal at least the applicable minimum wage as prescribed in subsection (a) of this section, the employer shall pay the difference to the tipped employee. For the purposes of this act, all "tip" employees shall furnish monthly to their respective employers the daily record of tips required to be kept by "tip" employees under the laws of the United States and upon the forms prescribed by the internal revenue service of the United States treasury department. The daily record of tips shall constitute prima facie proof of the amount of tips received by the employee. Proof of a customary tipping percentage of sales or service shall also be an admissible form of proof of the amount of tips. A "tip" employee is one who customarily and regularly receives more than thirty dollars ($30.00) a month in tips.

(c)  In lieu of the rate prescribed in subsection (a) of this section, any employer may pay any employee who has not attained the age of twenty (20) years a wage which is not less than four dollars and twenty-five cents ($4.25) per hour during the first ninety (90) consecutive days after the employee is initially employed by the employer. No employer may take any action to displace employees, including partial displacements such as reduction in hours, wages or employment benefits for purposes of hiring individuals at the wage authorized in this subsection.

(a)  Any employer who shall pay to any employee wages at a rate less than that prescribed in the foregoing section shall be liable in a civil action, to the employee in the amount of his or her unpaid minimum wage, and the aggrieved employee may bring a civil action for enforcement of this act and the recovery of his or her unpaid wages together with reasonable attorney fees and the costs of the action.

(b)  Repealed by Laws 1990, ch. 71, § 2.

(c)  Repealed by Laws 1990, ch. 71, § 2.