[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 223 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 223

 To amend the Fair Labor Standards Act of 1938 to repeal any weakening 
     of overtime protections and to avoid future loss of overtime 
                     protections due to inflation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2005

   Mr. Harkin (for himself, Mr. Specter, Mr. Kennedy, Mr. Kerry, Mr. 
    Levin, Mr. Dayton, Mrs. Murray, Ms. Stabenow, Ms. Mikulski, Mr. 
  Lautenberg, Mr. Dodd, Mr. Leahy, Mr. Rockefeller, and Mr. Sarbanes) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Labor Standards Act of 1938 to repeal any weakening 
     of overtime protections and to avoid future loss of overtime 
                     protections due to inflation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Overtime Rights Protection Act''.

SEC. 2. AMENDMENT TO THE FAIR LABOR STANDARDS ACT OF 1938.

    Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) 
is amended by adding at the end the following:
    ``(k)(1) Notwithstanding the provisions of subchapter II of chapter 
5 and chapter 7 of title 5, United States Code (commonly referred to as 
the Administrative Procedures Act) or any other provision of law, any 
portion of the final rule promulgated on April 23, 2004, revising part 
541 of title 29, Code of Federal Regulations, that exempts from the 
overtime pay provision of section 7 of this Act any employee who would 
not otherwise be exempt if the regulations in effect on March 31, 2003 
remained in effect, shall have no force or effect and that portion of 
such regulations (as in effect on March 31, 2003) that would prevent 
such employee from being exempt shall be reinstated.
    ``(2) The Secretary shall adjust the minimum salary level for 
exemption under section 13(a)(1) in the following manner:
            ``(A) Not later than 60 days after the date of enactment of 
        this subsection, the Secretary shall increase the minimum 
        salary level for exemption under subsection (a)(1) for 
        executive, administrative, and managerial occupations from the 
        level of $155 per week in 1975 to $591 per week (an amount 
        equal to the increase in the Employment Cost Index (published 
        by the Bureau of Labor Statistics) for executive, 
        administrative, and managerial occupations between 1975 and 
        2005).
            ``(B) Not later than December 31 of the calendar year 
        following the increase required in subparagraph (A), and each 
        December 31 thereafter, the Secretary shall increase the 
        minimum salary level for exemption under subsection (a)(1) by 
        an amount equal to the increase in the Employment Cost Index 
        for executive, administrative, and managerial occupations for 
        the year involved.''.
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