[Congressional Record Volume 172, Number 9 (Tuesday, January 13, 2026)]
[House]
[Pages H677-H681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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FLEXIBILITY FOR WORKERS EDUCATION ACT
Mr. WALBERG. Mr. Speaker, pursuant to House Resolution 988, I call up
the bill (H.R. 2262) to amend the Fair Labor Standards Act of 1938 to
exclude certain activities from hours worked, and for other purposes,
and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Meuser). Pursuant to House Resolution
988, the amendment in the nature of a substitute recommended by the
Committee on Education and Workforce, printed in the bill, modified by
the amendment printed in part B of House Report 119-440, is adopted and
the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 2262
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 ``Flexibility for Workers
Education Act''.
SEC. 2. TREATMENT OF ATTENDANCE OR PARTICIPATION IN CERTAIN
ACTIVITIES.
(a) In General.--Section 3(o) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(o)) is amended to read as follows:
``(o) Hours Worked.--In determining for the purposes of
sections 6 and 7 the hours for which an employee is
employed--
``(1) there shall be excluded--
``(A) any time spent in changing clothes or washing at the
beginning or end of each workday which was excluded from
measured working time during the week involved by the express
terms of or by custom or practice under a bona fide
collective-bargaining agreement applicable to the particular
employee; and
(B) except as provided in paragraph (2), any time spent
attending or participating in an education or training
program or a similar activity
[[Page H678]]
(such as a lecture), regardless of whether the program or
activity is offered or facilitated by the employer, provided
that--
``(i) such attendance or participation occurs outside of
the employee's regular working hours;
``(ii) such attendance or participation is voluntary, and
the employer does not take adverse action against the
employee on the basis that such employee does not so attend
or participate; and
``(iii) the employee does not perform any work for the
employer during such attendance or participation; and
``(2) there may be excluded, in accordance with section
785.32 of title 29, Code of Federal Regulations (as in effect
on the date of enactment of the Flexibility for Workers
Education Act), any time spent in an organized program of
related, supplemental instruction working under a bona fide
apprenticeship program.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to hours worked on or after the date
of enactment of this Act.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
1 hour equally divided and controlled by the chair and ranking minority
member of the Committee on Education and Workforce or their respective
designees.
The gentleman from Michigan (Mr. Walberg) and the gentleman from
Virginia (Mr. Scott) each will control 30 minutes.
The Chair recognizes the gentleman from Michigan (Mr. Walberg).
General Leave
Mr. WALBERG. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 2262.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, hardworking Americans should never be barred from
voluntarily pursuing professional development or training
opportunities. In fact, we should be giving workers more opportunities
to get the skills they need to thrive in a rapidly changing economy.
Unfortunately, current Federal law makes it harder for employers to
provide voluntary training and upscaling opportunities. Oftentimes that
means workers must take time out of their busy lives to look beyond the
workplace for programs that they should be able to get at work.
Needless to say, this makes absolutely no sense. Employers understand
their employees and whether skills gaps exist in their own workforces.
If a business knows how to train its employees to succeed in a role,
then it should be allowed to teach those skills and invest in the
employees' professional development. There simply is no need for
arbitrary roadblocks that make it harder for businesses to offer
voluntary trainings to their own employees.
Republicans are already promoting upscaling and training
opportunities to help strengthen the American workforce. Last summer,
we passed a Working Families Tax Cuts Act, which expanded opportunities
for young Americans to access short-term, high-quality credentialing
and training opportunities.
Mr. Speaker, H.R. 2262 builds on that success by simply allowing
employers to offer voluntary education and upscaling opportunities to
nonexempt employees so that workers can easily take control of their
own professional development. This doesn't just help the business grow.
It provides new, tangible skills that help employees do better in their
own careers and sets them up for success on their own.
Mr. Speaker, let's make one thing clear: H.R. 2262 expands
voluntary--voluntary--employer-led training opportunities. Businesses
would still be required to compensate workers who receive mandatory job
training. This bill simply makes it easier for ambitious employees to
pursue additional professional development opportunities on their own
terms, whether or not it is directly tied to their current job. If a
bartender wants to take a course in restaurant management, he or she
should be able to do so, and the employer would welcome that
dedication.
Let's look at the bigger picture. Our workforce still has millions of
unfilled jobs caused, in part, by a widening skills gap. As our own
economy grows, thanks to the progrowth policies of Republicans and the
Trump administration, many growing businesses are likely to face skills
shortages of their own.
That is why we need commonsense legislation like the Flexibility for
Workers Education Act, which makes it easier for workers to get the
skills that they need to succeed and for businesses to find the right
person for the job.
Throughout my time in Congress and now as chairman of the Education
and Workforce Committee, I have consistently fought to expand
opportunities to help workers thrive and grow. That is why I am proud
to support H.R. 2262, the Flexibility for Workers Education Act, to
remove obstacles and give workers more controls over their own careers.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in opposition to H.R. 2262, the so-called
Flexibility for Workers Education Act.
We have heard about these roadblocks and obstacles. Mr. Speaker, the
roadblocks and obstacles are a requirement that people get paid for
their time.
Too many Americans still work too hard but can't afford the basics,
such as groceries, rent, or utilities. Even more, they are struggling
to afford the little extras that give you a slice of the American
Dream, like owning a home, taking your family on vacation, or even
occasionally going out to a restaurant.
Yet, simply put, the economy just isn't working for everybody.
According to Moody's Analytics, the top 10 percent of earners account
for nearly 50 percent of all of the United States' consumer spending,
so obviously something is out of whack. Despite this reality, House
Republicans are attempting to pass three bills this afternoon that
would cut workers' wages.
This bill, H.R. 2262, would relieve employers of the obligation to
pay employees for training outside of their regular working hours.
Under the Fair Labor Standards Act, employees must be compensated for
employer-mandated education and training outside the regular work
hours. Essentially, the FLSA protects workers from being compelled to
volunteer their time for job-related training without wage and hour
protections.
However, this bill significantly weakens the protections because it
would permit employers to provide job-related training after hours but
off the clock so long as they do not state that it is technically
required.
However, employers can still lead workers to believe that the
training is needed. You can just imply that if you want a raise or
promotion, it would be nice to get the training. That is not really
required. The legislation is based on the flawed premise that if you
provide workers with certain opportunities or benefits, employers must
be able to pay them less. That doesn't make sense.
We should not let employers get away with failing to pay workers for
their time while claiming that it is in the workers' best interests.
These workers, if they are working on an employer-provided training,
should not be required to work off the clock without any compensation.
For that reason, I recommend a ``no'' vote, and I reserve the balance
of my time.
Mr. WALBERG. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Iowa (Mrs. Hinson), the sponsor of this legislation, to present her
bill.
Mrs. HINSON. Mr. Speaker, I thank the gentleman for yielding and for
his leadership in committee on this piece of legislation that is
designed to empower the American worker.
Mr. Speaker, I rise today in support of my bill, H.R. 2262, the
Flexibility for Workers Education Act.
For too long, we know that Washington, D.C., has pursued policies
that left American workers behind. Republicans continue to advance
progrowth, proworker policies that expand opportunity, reward hard
work, and help Americans to get ahead.
No matter where I go out in Iowa--Main Street businesses, farm shops,
manufacturing facilities, healthcare facilities--I meet the hardworking
men and women of Iowa who want to take that next step in their careers.
They want to build skills. They want to earn
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more money for their families, and they want to provide a better future
for their kids and for other Iowans.
However, outdated regulatory red tape prevents skilled workers from
being able to take advantage of voluntary--I repeat--voluntary
professional development opportunities offered by employers. My bill,
the Flexibility for Workers Education Act, would cut this red tape,
expanding access to these voluntary education programs that allow
workers to reach their full potential on their terms.
Mr. Speaker, imagine a facilities associate, ready for advancement,
who can take evening training courses sponsored by their employer to
become an appliance technician. That kind of flexibility opens the door
to higher pay and that long-term career growth that they need to see.
I am also very proud to have the support of the chairman of the
Education and Workforce Committee, so I thank Representative Walberg
for his support. The gentleman understands how much this will impact
workers' bottom lines, being able to take more money home to provide
for their families, and so I thank the gentleman for this practical
approach that benefits everyone.
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Again, we know workers gain skills. They gain opportunity. Employers
retain these talented employees in the workforce. There is stronger
morale, and communities are building a stronger, more resilient
workforce.
Mr. Speaker, I urge my colleagues to support this legislation and
continue to expand opportunities for American workers and families. I
look forward to continuing to deliver more commonsense solutions to
help Iowans and Americans comfortably work and raise their families.
Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may
consume to the gentleman from New Jersey (Mr. Norcross), a
distinguished member of the Committee on Education and Workforce.
Mr. NORCROSS. Mr. Speaker, I thank the chairman and ranking member
for what they have done to try to make it better for those who we
represent, but I am here to speak out against the flexibility for
workers not to be paid education act. Yes, I said that.
This disastrous bill would be a blueprint to commit wage theft on a
silver platter.
I know what it is like to be cheated out of wages. That happened to
me, unfortunately, when I was a younger man. The rules that are set up
are there to protect those who had the least ability to protect
themselves.
A fair day's pay for a hard day's work. This is not a slogan. It is a
principle of who we are in this country. It is those values that hold
this country together.
This bill is pushing corporations to create a loophole. I want to
take just a moment, ``voluntary for good causes'' is something we all
do in America, and we have the ability to do it now. This bill would
create more gray areas and, for those who want to exploit workers, give
them a roadmap to do it.
Allowing companies to require worker attendance--and you call it
voluntary and it is not job-related--without pay, this is what
fundamentally is going to change here. If your boss requires it and if
you work, you have to be paid. It is the system that is not broken now.
This would create ambiguity for those workers saying they are
voluntary.
That is not good. In fact, we call those captive meetings now when
they come in to preach why worker unions are bad, but they have to pay
them now. This would give them the ability to call it a training and
not pay them. This is a loophole.
I urge those who introduced this to come up with language that would
not allow that to happen. If you truly believe that, then the language
that we offered would be something that we could both stand together
on.
Mr. Speaker, I urge my colleagues to reject this bill. As I say, if
it is not broke, you don't have to fix it. We have a system where
people pay to go to college, to go to trade school. I went through an
apprenticeship. There are ways we can do this that benefits workers
while not creating an opportunity for those who want to exploit them.
Mr. Speaker, at the appropriate time, I want to offer a motion to
recommit the bill back to committee. If the House rules permitted, I
would have offered this motion with an important amendment to this
bill. My amendment, Raise the Wage Act, would ensure all workers
receive a long-overdue raise. $7.25 an hour is minimum wage. That is
incredible. Mr. Speaker, 2009 was the last time we touched this. It is
unbelievable that 16 years have gone by and that we haven't found it
within ourselves the values we hold dear in America to give those who
have the least a raise.
We gave billion dollar giveaways to those in the top tax bracket, and
we can't raise the minimum wage from $7.25 an hour. We should hang our
heads in shame that we don't think about those who can't make it.
I have heard all of the excuses. We used to regularly have increases
on a bipartisan basis since minimum wage started almost a half century
ago. Both Democrat and Republican Presidents, Congress, we all
understood it. Well, amnesia is something that has hit us. Please, Mr.
Speaker, we need to raise the minimum wage. Our policy decisions cannot
undercut workers and their families. Raising the minimum wage is not
only good for the worker, but for their families.
Mr. Speaker, I ask unanimous consent to insert the text of this
amendment into the Record immediately prior to the motion to recommit.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. NORCROSS. Mr. Speaker, I hope my colleagues will join me in
voting for this motion to recommit.
Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I certainly applaud my friend and colleague on the other
side of the aisle for the commitment to making sure that workers are
cared for, employees, but also I want employers to be cared for as
well, and the two working together ends up to be the best.
Employers, generally speaking, care about their employees. I know my
Democrat colleagues often disagree with that statement, but it is
almost always the case in a successful business, especially in a time
of intense competition for the workforce.
My Democrat colleagues have suggested that employers will attempt to
use H.R. 2262 to commit wage theft. However, the bill clearly states
that the educational activity must occur outside of an employee's
regular working hours. The attendance is voluntary. The employer cannot
take adverse action against an employee for attending the training or
not, and the employee cannot perform any work for the employer during
their attendance at the training.
I am not sure that it can be any more clear. H.R. 2262 gives
employees more options to pursue success, not just in their current
role, but in roles they may be interested in and would like to upskill
and pursue. Employers recognize that investing in their workers is
essential if they are to be successful.
This legislation offers a win for employees wanting to upskill and a
win for employers who wish to develop their existing talent.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I was just looking over the internet and found a Reddit
discussion board and found one entry that said: ``I am bothered by
unpaid 2-day training, which is going to be 9 hours each day.'' This
kind of crosses the line, and they just wanted to know if that was
legal in New York.
In reference to the motion to recommit, I hope we would support the
motion to recommit. It would give us an opportunity to vote on an
increase in the minimum wage which hasn't been increased in over a
decade.
A few years ago, it was noted that a full-time minimum wage worker
could not afford a modest two-bedroom apartment in any county in the
United States. Since then, housing costs have gone up, but the minimum
wage has stayed the same.
Mr. Speaker, I reserve the balance of my time.
Mr. WALBERG. Mr. Speaker, I reserve the balance of my time and am
ready to close.
[[Page H680]]
Mr. SCOTT of Virginia. Mr. Speaker, in closing, I yield myself the
balance of my time.
Mr. Speaker, according to last week's Bureau of Labor statistics,
2025 was the worst year for job growth in this country since the last
Trump administration. 2025 had 3 months of job losses. Meanwhile,
President Biden had 48 consecutive months without a single loss. At
this point in President Biden's term, he had already created millions
of jobs. At the end of the first year, President Trump has only created
a few hundred thousand.
Yet, despite this reality, the House Republicans are attempting to
advance this bill which would allow employers to get away without
paying workers for job-related training outside of regular hours so
long as it is technically not required.
It will do nothing to lower the costs of living or give working
families a leg up. For this reason, I hope we will defeat the bill, and
I yield back the balance of my time.
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Mr. WALBERG. Mr. Speaker, I yield myself the balance of my time.
Republicans are committed to expanding opportunities for American
workers. H.R. 2262, the Flexibility for Workers Education Act, is a
commonsense bill that makes it easier for a business to offer voluntary
upskilling opportunities to its employees.
As our Nation faces a widening skills gap and millions of unfilled
jobs, H.R. 2262 would provide additional pathways for workers to pursue
training and fill a growing number of jobs that require skilled
workers.
As chairman of the Education and Workforce Committee, I am committed
to cutting red tape and removing roadblocks that make it harder for
workers and businesses to succeed. The Flexibility for Workers
Education Act is another strong step, Mr. Speaker, toward ensuring
Washington doesn't put up roadblocks that hinder progress in our
workforce.
Mr. Speaker, I urge my colleagues to support this bill, and I yield
back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 988, the previous question is ordered on
the bill, as amended.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. NORCROSS. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Norcross moves to recommit the bill H.R. 2262 to the
Committee on Education and the Workforce.
The material previously referred to by Mr. Norcross is as follows:
Mr. Norcross moves to recommit the bill H.R. 2262 to the
Committee on Education and the Workforce with instructions to
report the same back to the House forthwith, with the
following amendment:
Add at the end the following:
SEC. 3. MINIMUM WAGE INCREASES.
(a) In General.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to
read as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $9.50 an hour, beginning on the effective date under
section 8 of the Flexibility for Workers Education Act;
``(B) $11.00 an hour, beginning 1 year after such effective
date;
``(C) $12.50 an hour, beginning 2 years after such
effective date;
``(D) $14.00 an hour, beginning 3 years after such
effective date;
``(E) $15.50 an hour, beginning 4 years after such
effective date;
``(F) $17.00 an hour, beginning 5 years after such
effective date; and
``(G) beginning on the date that is 6 years after such
effective date, and annually thereafter, the amount
determined by the Secretary under subsection (h);''.
(b) Determination Based on Increase in the Median Hourly
Wage of All Employees.--Section 6 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206) is amended by adding at the end
the following:
``(h)(1) Not later than each date that is 90 days before a
new minimum wage determined under subsection (a)(1)(G) is to
take effect, the Secretary shall determine the minimum wage
to be in effect under this subsection for each period
described in subsection (a)(1)(G). The wage determined under
this subsection for a year shall be--
``(A) not less than the amount in effect under subsection
(a)(1) on the date of such determination;
``(B) increased from such amount by the annual percentage
increase, if any, in the median hourly wage of all employees
as determined by the Bureau of Labor Statistics; and
``(C) rounded up to the nearest multiple of $0.05, if the
amount after applying subparagraphs (A) and (B) is not a
multiple of $0.05.
``(2) In calculating the annual percentage increase in the
median hourly wage of all employees for purposes of paragraph
(1)(B), the Secretary, through the Bureau of Labor
Statistics, shall compile data on the hourly wages of all
employees to determine such a median hourly wage and compare
such median hourly wage for the most recent year for which
data are available with the median hourly wage determined for
the preceding year.''.
SEC. 4. TIPPED EMPLOYEES.
(a) Base Minimum Wage for Tipped Employees and Tips
Retained by Employees.--Section 3(m)(2)(A)(i) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)) is
amended to read as follows:
``(i) the cash wage paid such employee, which for purposes
of such determination shall be not less than--
``(I) for the 1-year period beginning on the effective date
under section 8 of the Flexibility for Workers Education Act,
$6.00 an hour;
``(II) $8.00 an hour, beginning 1 year after such effective
date;
``(III) $10.00 an hour, beginning 2 years after such
effective date;
``(IV) $12.00 an hour, beginning 3 years after such
effective date;
``(V) $13.50 an hour, beginning 4 years after such
effective date;
``(VI) $15.00 an hour, beginning 5 years after such
effective date;
``(VII) $17.00 an hour, beginning 6 years after such
effective date; and
``(VIII) for each succeeding 1-year period after the
increase made pursuant to subclause (VII), the minimum wage
in effect under section 6(a)(1); and''.
(b) Tips Retained by Employees.--Section 3(m)(2)(A) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is
amended--
(1) in the second sentence of the matter following clause
(ii), by striking ``of this subsection, and all tips received
by such employee have been retained by the employee'' and
inserting ``of this subsection. Any employee shall have the
right to retain any tips received by such employee''; and
(2) by adding at the end the following: ``An employer shall
inform each employee of the right and exception provided
under the preceding sentence.''.
(c) Scheduled Repeal of Separate Minimum Wage for Tipped
Employees.--
(1) Tipped employees.--Section 3(m)(2)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)), as amended by
subsections (a) and (b), is further amended by striking the
sentence beginning with ``In determining the wage an employer
is required to pay a tipped employee,'' and all that follows
through ``of this subsection.'' and inserting ``The wage
required to be paid to a tipped employee shall be the wage
set forth in section 6(a)(1).''.
(2) Publication of notice.--Subsection (i) of section 6 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as
added by section 6 and amended by section 7(b)(1), is further
amended by striking ``or in accordance with subclause (II) or
(III) of section 3(m)(2)(A)(i),''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the date that is 1 day after the
date on which the hourly wage under subclause (VIII) of
section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(m)(2)(A)(i)), as amended by subsection (a),
takes effect.
(d) Penalties.--Section 16 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 216) is amended--
(1) in the third sentence of subsection (b), by inserting
``or used'' after ``kept''; and
(2) in the second sentence of subsection (e)(2), by
inserting ``or used'' after ``kept''.
SEC. 5. NEWLY HIRED EMPLOYEES WHO ARE LESS THAN 20 YEARS OLD.
(a) Base Minimum Wage for Newly Hired Employees Who Are
Less Than 20 Years Old.--Section 6(g)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by
striking ``a wage which is not less than $4.25 an hour.'' and
inserting the following: ``a wage at a rate that is not less
than--
``(A) for the 1-year period beginning on the effective date
under section 8 of the Flexibility for Workers Education Act,
$6.00 an hour;
``(B) for each succeeding 1-year period until the hourly
wage under this paragraph equals the wage in effect under
section 6(a)(1) for such period, an hourly wage equal to the
amount determined under this paragraph for the preceding
year, increased by the lesser of--
``(i) $1.75; or
``(ii) the amount necessary for the wage in effect under
this paragraph to equal the wage in effect under section
6(a)(1) for such period; and
``(C) for each succeeding 1-year period after the increase
made pursuant to subparagraph (B)(ii), the minimum wage in
effect under section 6(a)(1).''.
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(b) Scheduled Repeal of Separate Minimum Wage for Newly
Hired Employees Who Are Less Than 20 Years Old.--
(1) In general.--Section 6(g) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(g)), as amended by subsection (a),
shall be repealed.
(2) Publication of notice.--Subsection (i) of section 6 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as
added by section 6 and amended by sections 7(b)(1) and
4(c)(2), is further amended by striking ``or subparagraph (B)
or (C) of subsection (g)(1)''.
(3) Effective date.--The repeal and amendment made by
paragraphs (1) and (2), respectively, shall take effect on
the date that is 1 day after the date on which the hourly
wage under subparagraph (C) of section 6(g)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended
by subsection (a), takes effect.
SEC. 6. PUBLICATION OF NOTICE.
Section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206), as amended by section 3(b), is further amended
by adding at the end the following:
``(i) Not later than 60 days prior to the effective date of
any increase in the required wage determined under subsection
(a)(1) or subparagraph (B) or (C) of subsection (g)(1), or in
accordance with subclause (II) or (III) of section
3(m)(2)(A)(i) or section 14(c)(1)(A), the Secretary shall
publish in the Federal Register and on the website of the
Department of Labor a notice announcing each increase in such
required wage.''.
SEC. 7. PROMOTING ECONOMIC SELF-SUFFICIENCY FOR INDIVIDUALS
WITH DISABILITIES.
(a) Wages.--
(1) Transition to fair wages for individuals with
disabilities.--Subparagraph (A) of section 14(c)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is
amended to read as follows:
``(A) at a rate that equals or exceeds, for each year, the
greater of--
``(i)(I) $5.00 an hour, beginning on the effective date
under section 8 of the Flexibility for Workers Education Act;
``(II) $7.50 an hour, beginning 1 year after such effective
date;
``(III) $10.00 an hour, beginning 2 years after such
effective date;
``(IV) $12.50 an hour, beginning 3 years after such
effective date;
``(V) $15.50 an hour, beginning 4 years after such
effective date; and
``(VI) the wage rate in effect under section 6(a)(1),
beginning 5 years after such effective date; or
``(ii) if applicable, the wage rate in effect on the day
before the date of enactment of the Flexibility for Workers
Education Act for the employment, under a special certificate
issued under this paragraph, of the individual for whom the
wage rate is being determined under this subparagraph,''.
(2) Prohibition on new special certificates; transition
assistance.--
(A) In general.--Section 14(c) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 214(c)) is amended by adding at the
end the following:
``(6) Prohibition on new special certificates.--
Notwithstanding paragraph (1), the Secretary shall not issue
a special certificate under this subsection to an employer
that was not issued a special certificate under this
subsection before the date of enactment of the Flexibility
for Workers Education Act.
``(7) Transition assistance.--Upon request, the Secretary
shall provide--
``(A) technical assistance and information to employers
issued a special certificate under this subsection for the
purposes of--
``(i) assisting such employers to comply with this
subsection, as amended by the Flexibility for Workers
Education Act; and
``(ii) ensuring continuing employment opportunities for
individuals with disabilities receiving a special minimum
wage rate under this subsection; and
``(B) information to individuals employed at a special
minimum wage rate under this subsection, which may include
referrals to Federal or State entities with expertise in
competitive integrated employment.''.
(B) Effective date.--The amendments made by this paragraph
shall take effect on the date of enactment of this Act.
(3) Sunset.--Section 14(c) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 214(c)), as amended by paragraph (2), is
further amended by adding at the end the following:
``(8) Sunset.--Beginning on the day after the date on which
the wage rate described in paragraph (1)(A)(i)(VI) takes
effect, the authority to issue special certificates under
paragraph (1) shall expire, and no special certificates
issued under paragraph (1) shall have any legal effect.''.
(b) Publication of Notice.--
(1) Amendment.--Subsection (i) of section 6 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206), as added by
section 6, is amended by striking ``or section 14(c)(1)(A)''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the day after the date on which the wage
rate described in paragraph (1)(A)(i)(VI) of section 14(c) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as
amended by subsection (a)(1), takes effect.
SEC. 8. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this Act, 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 the
enactment of this Act.
The SPEAKER pro tempore. Pursuant to clause 2(b) of rule XIX, the
previous question is ordered on the motion to recommit.
The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. NORCROSS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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