Union Calendar No. 112
116th CONGRESS 1st Session |
[Report No. 116–150]
To provide for increases in the Federal minimum wage, and for other purposes.
January 16, 2019
Mr. Scott of Virginia (for himself, Mr. Pocan, Mrs. Murphy, Mr. Norcross, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Mrs. Davis of California, Mr. Grijalva, Mr. Courtney, Ms. Fudge, Mr. Sablan, Ms. Wilson of Florida, Ms. Bonamici, Mr. Takano, Ms. Adams, Mr. DeSaulnier, Mr. Krishnamoorthi, Mr. Espaillat, Ms. Jayapal, Mr. Morelle, Ms. Wild, Ms. Schrier, Mrs. Hayes, Ms. Shalala, Mr. Levin of Michigan, Ms. Omar, Mr. Trone, Mrs. Lee of Nevada, Mr. Smith of Washington, Mr. Hastings, Mrs. Torres of California, Mrs. Demings, Ms. Clarke of New York, Mr. Beyer, Mr. Evans, Ms. Schakowsky, Ms. Kaptur, Mr. Lipinski, Mr. Suozzi, Mr. Panetta, Mr. Serrano, Ms. DeLauro, Ms. Speier, Miss Rice of New York, Ms. Norton, Ms. Lee of California, Mr. DeFazio, Mr. Higgins of New York, Mrs. Beatty, Mr. Carbajal, Mr. Perlmutter, Ms. Brownley of California, Mr. Welch, Mr. Sires, Mr. McEachin, Mr. Swalwell of California, Mrs. Watson Coleman, Ms. Wasserman Schultz, Ms. DeGette, Mr. Brendan F. Boyle of Pennsylvania, Ms. Meng, Mr. Cohen, Ms. McCollum, Ms. Pingree, Ms. Lofgren, Mr. Aguilar, Mr. Price of North Carolina, Mrs. Bustos, Ms. Roybal-Allard, Mr. Raskin, Mr. Sean Patrick Maloney of New York, Mr. Malinowski, Mr. Cicilline, Ms. Tlaib, Mrs. Napolitano, Ms. Blunt Rochester, Mr. Engel, Ms. Gabbard, Ms. Moore, Ms. Wexton, Ms. Barragán, Mr. Rush, Ms. Sánchez, Ms. Haaland, Mr. Ryan, Ms. Matsui, Mr. Meeks, Mr. Ruiz, Mr. Peters, Ms. Castor of Florida, Mr. Green of Texas, Mr. Foster, Mr. Thompson of Mississippi, Mrs. Carolyn B. Maloney of New York, Mrs. Dingell, Mr. Soto, Mr. Payne, Ms. Velázquez, Mr. Kilmer, Mrs. Lawrence, Mr. Ruppersberger, Ms. Johnson of Texas, Mr. Danny K. Davis of Illinois, Ms. Jackson Lee, Mr. Clay, Mr. Yarmuth, Mr. Crist, Ms. Dean, Mr. Cartwright, Mr. Pascrell, Mr. Vargas, Mr. Veasey, Mr. Gomez, Ms. Titus, Ms. Ocasio-Cortez, Ms. Garcia of Texas, Mr. McGovern, Mr. Pallone, Mr. Langevin, Ms. Clark of Massachusetts, Mr. Tonko, Mr. McNerney, Mr. Larson of Connecticut, Mrs. Luria, Mr. Deutch, Mr. Richmond, Mr. Connolly, Mr. Loebsack, Mr. Gallego, Mr. Lowenthal, Mr. Schneider, Mr. Larsen of Washington, Mr. Quigley, Ms. Scanlon, Mrs. Trahan, Ms. Mucarsel-Powell, Mr. Cárdenas, Mr. García of Illinois, Mr. Correa, Mr. Cummings, Ms. Judy Chu of California, Mr. Neguse, Mr. Visclosky, Mr. Blumenauer, Ms. Hill of California, Ms. Porter, Mr. Luján, Mr. Khanna, Ms. Eshoo, Ms. Frankel, Ms. Pressley, Mr. Lawson of Florida, Mr. Heck, Mr. Brown of Maryland, Mr. Thompson of California, Mr. Levin of California, Mr. Lamb, Mr. Cisneros, Mr. Ted Lieu of California, Mr. Carson of Indiana, Mr. Sherman, Ms. Waters, Mr. Schiff, Mr. Keating, Mr. Michael F. Doyle of Pennsylvania, Mr. Nadler, Mr. Kim, Mr. Jeffries, Ms. Kelly of Illinois, Mrs. Lowey, Ms. Escobar, Mr. Rouda, Mr. Huffman, Mr. Sarbanes, Ms. Bass, Mr. Horsford, Mr. Kennedy, Mr. Castro of Texas, Mr. Crow, Ms. DelBene, Mr. Lewis, Mr. Garamendi, Mr. Johnson of Georgia, Mr. Kildee, Mr. Butterfield, Mr. David Scott of Georgia, Mr. Cleaver, and Mr. Bishop of Georgia) introduced the following bill; which was referred to the Committee on Education and Labor
July 11, 2019
Additional sponsors: Mr. Case, Mr. Moulton, Mr. Bera, Mr. Lynch, Ms. Sherrill, Mr. Himes, Mr. Doggett, Mr. Gottheimer, Ms. Stevens, Mr. Rose of New York, Ms. Houlahan, Mr. Neal, Mrs. Kirkpatrick, Mr. Vela, Mr. Cooper, Ms. Slotkin, and Ms. Spanberger
July 11, 2019
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 16, 2019]
To provide for increases in the Federal minimum wage, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2. 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:
(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—
“(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
“(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.”.
(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 7 of the Raise the Wage Act, $3.60 an hour;
(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—
(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 amended by section 5, 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 one day after the date on which the hourly wage under subclause (III) 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.
SEC. 4. 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 7 of the Raise the Wage Act, $5.50 an hour;
(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 amended by section 3(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 one 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. 5. Publication of notice.
Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by the preceding sections, 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. 6. 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:
(2) PROHIBITION ON NEW SPECIAL CERTIFICATES; SUNSET.—Section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) (as amended by paragraph (1)) is further 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 Raise the Wage Act.
“(7) 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.
“(8) TRANSITION ASSISTANCE.—Upon request, the Secretary shall provide—
(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 amended by section 4(b)(2), is further 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. 7. General effective date.
Except as otherwise provided in this Act or the amendments made by this Act, this Act and the amendments made by this Act shall take effect—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Education and Labor Committee of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that, with respect to the Commonwealth of the Northern Mariana Islands—
(1) assesses the status and structure of the economy (including employment, earnings and wages, and key industries); and
(2) for each year in which a wage increase will take effect under subsection (a)(1) or (g)(1) of section 6, section 3(m)(2)(A)(i), or section 14(c)(1)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as amended by this Act, estimates the proportion of employees who will be directly affected by each such wage increase taking effect for such year, disaggregated by industry and occupation.
Union Calendar No. 112 | |||||
| |||||
[Report No. 116–150] | |||||
A BILL | |||||
To provide for increases in the Federal minimum wage, and for other purposes. | |||||
July 11, 2019 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the
Union,
and ordered to be printed |