[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3197 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3197
To amend the Fair Labor Standards Act of 1938 to establish a minimum
salary threshold for bona fide executive, administrative, and
professional employees exempt from Federal overtime compensation
requirements, and automatically update such threshold every 3 years.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2019
Mr. Takano (for himself, Mr. Scott of Virginia, Ms. Adams, Ms. Wilson
of Florida, Ms. Kaptur, Ms. Wasserman Schultz, Ms. Schakowsky, Mr.
Espaillat, Mr. Ryan, Ms. Waters, Mr. Pallone, Mr. Pascrell, Mr. Brendan
F. Boyle of Pennsylvania, Ms. DeLauro, Mr. Serrano, Mr. Grijalva, Ms.
Bonamici, Mr. Cummings, Mr. DeSaulnier, Ms. Omar, Mr. Pocan, Ms.
Norton, Ms. Lee of California, Mr. Thompson of Mississippi, Ms.
Haaland, Ms. Jayapal, Mrs. Watson Coleman, Mr. Raskin, Ms. Barragan,
Mrs. Davis of California, Mr. Danny K. Davis of Illinois, Mr. Sires,
Mr. Levin of Michigan, Mr. Khanna, Mr. Smith of Washington, Ms. Tlaib,
Mr. Beyer, Ms. Wild, Ms. Mucarsel-Powell, Mr. Kennedy, Mrs. Napolitano,
Mr. Nadler, Mr. Cohen, Mr. Payne, Mr. Garcia of Illinois, Mr. Norcross,
and Ms. Pressley) introduced the following bill; which was referred to
the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to establish a minimum
salary threshold for bona fide executive, administrative, and
professional employees exempt from Federal overtime compensation
requirements, and automatically update such threshold every 3 years.
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 ``Restoring Overtime Pay Act of
2019''.
SEC. 2. MINIMUM SALARY THRESHOLD FOR BONA FIDE EXECUTIVE,
ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES EXEMPT FROM
FEDERAL OVERTIME COMPENSATION REQUIREMENTS.
(a) In General.--Section 13 of the Fair Labor Standards Act of 1938
(29 U.S.C. 213) is amended--
(1) in subsection (a)(1)--
(A) by inserting ``subsection (k) and'' after
``subject to''; and
(B) by inserting ``(except as provided under
subsection (k)(2)(C))'' after ``Administrative
Procedure Act''; and
(2) by adding at the end the following:
``(k) Minimum Salary Threshold.--
``(1) In general.--Beginning on the effective date of the
Restoring Overtime Pay Act of 2019, the Secretary shall require
that an employee described in subsection (a)(1), as a
requirement for exemption under such subsection, be compensated
on a salary basis, or equivalent fee basis, within the meaning
of such terms in subpart G of part 541 of title 29, Code of
Federal Regulations (or any successor regulation), at a rate
per week that is not less than the salary threshold under
paragraph (2).
``(2) Salary threshold.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the salary threshold shall be an amount that is
equal to the 40th percentile of earnings of full-time
salaried workers in the lowest-wage census region, as
determined by the Bureau of Labor Statistics based on
data from the second quarter of the calendar year
preceding the calendar year in which such amount takes
effect.
``(B) Increased threshold.--The Secretary may
establish, through notice and comment rulemaking under
section 553 of title 5, United States Code, a salary
threshold that is an amount that--
``(i) is greater than the 40th percentile
of earnings of the full-time salaried workers
described in subparagraph (A); and
``(ii) is calculated based on a data set
and methodology established by the Secretary
that are capable of being updated in accordance
with subparagraph (C).
``(C) Automatic updates.--
``(i) In general.--Not later than 3 years
after the salary threshold first takes effect
under subparagraph (A), and every 3 years
thereafter, or, in the case in which the
Secretary establishes an increased salary
threshold under subparagraph (B), every 3 years
after establishing such increased salary
threshold, the Secretary shall update the
amount of the salary threshold in effect under
subparagraph (A) or (B), as applicable, so that
such amount is equal to--
``(I) in the case in which the
Secretary does not establish an
increased salary threshold under
subparagraph (B), the 40th percentile
of earnings of full-time salaried
workers in the lowest-wage census
region, as determined by the Bureau of
Labor Statistics based on data from the
second quarter of the calendar year
preceding the calendar year in which
such updated amount is to take effect;
and
``(II) in the case in which the
Secretary establishes an increased
salary threshold under subparagraph
(B), the greater of--
``(aa) the 40th percentile
described in subclause (I); and
``(bb) the increased salary
threshold established under
subparagraph (B), as updated in
accordance with the data set
and methodology established by
the Secretary under
subparagraph (B)(ii).
``(ii) Nonapplicability of rulemaking.--Any
update described in this subparagraph shall not
be subject to the requirements of notice and
comment rulemaking under section 553 of title
5, United States Code.
``(D) Notice requirement.--Not later than 60 days
before a revised salary threshold under this paragraph
takes effect, the Secretary shall publish a notice
announcing the amount in the Federal Register and on
the internet website of the Department of Labor.
``(3) Duties test.--The Secretary shall, in addition to the
requirement under paragraph (1), continue to require employees
to satisfy a duties test, as prescribed by the Secretary, in
defining and delimiting the terms described in subsection
(a)(1).''.
(b) Publication of Earnings.--Not later than 21 days after the end
of each calendar quarter, the Bureau of Labor Statistics shall publish
on its public website, for each week of such quarter, data on the
weekly earnings of nonhourly, full-time salaried workers by census
region (as designated by the Bureau of the Census).
(c) Effective Date.--This Act, and the amendments made by this Act,
shall take effect on the first day of the third month that begins after
the date of enactment of this Act.
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