II 109th CONGRESS 1st Session S. 223 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.

1.

Short title

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

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. .