Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696586764617.pdf (United States)
II 112TH CONGRESS 2D SESSION S. 3453 To provide for an increase in the Federal minimum wage.
IN THE SENATE OF THE UNITED STATES JULY 26, 2012 Mr. HARKIN (for himself, Ms. MIKULSKI, Mrs. MURRAY, Mr. SANDERS, Mr. MERKLEY, Mr. FRANKEN, Mr. BLUMENTHAL, Mr. LEAHY, Mr. AKAKA, Mrs. BOXER, Mr. WYDEN, Mr. DURBIN, Mr. SCHUMER, Mr. LAUTEN- BERG, Mr. BROWN of Ohio, and Mrs. GILLIBRAND) introduced the fol- lowing bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for an increase in the Federal minimum wage.
Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1.

SHORT TITLE.

This Act may be cited as the ‘‘Fair Minimum Wage Act of 2012’’.

SEC.

2.

MINIMUM WAGE INCREASES.

(a) MINIMUM WAGE.— (1) IN GENERAL.—Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) 10 is amended to read as follows ‘‘(1) except as otherwise provided in this sec- tion, not less than— ‘‘(A) $8.10 an hour, beginning on the first day of the third month that begins after the date of enactment of the Fair Minimum Wage Act of 2012 Act; ‘‘(B) $8.95 an hour, beginning 1 year after that first day; ‘‘(C) $9.80 an hour, beginning 2 years after that first day; and ‘‘(D) beginning on the date that is 3 years after that first day, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h);’’.
(2) DETERMINATION BASED ON INCREASE IN THE CONSUMER PRICE INDEX.—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) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(D) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for the subsequent 1-year period.
The wage determined pursuant to this subsection for a year shall be— •S 3453 IS ‘‘(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 in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally ad- justed), or its successor publication, as determined by the Bureau of Labor Statistics; and ‘‘(C) rounded to the nearest multiple of $0.05.
‘‘(2) In calculating the annual percentage increase in the Consumer Price Index for purposes of paragraph (1)(B), the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year avail- able (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the preceding year, the same quarter in the pre- ceding year, or the preceding year, respectively.’’.
(b) BASE MINIMUM WAGE FOR TIPPED EMPLOY- EES.—Section 3(m)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(m)(1)) is amended to read as fol- lows: 23 24 25 ‘‘(1) the cash wage paid such employee, which for purposes of such determination shall be not less than— •S 3453 IS ‘‘(A) for the 1-year period beginning on the first day of the third month that begins after the date of enactment of the Fair Min- imum Wage Act of 2012, $3.00 an hour; ‘‘(B) for each succeeding 1-year period until the hourly wage under this paragraph equals 70 percent of 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) $0.85; or ‘‘(ii) the amount necessary for the wage in effect under this paragraph to equal 70 percent of the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and ‘‘(C) for each succeeding 1-year period after the year in which the hourly wage under this paragraph first equals 70 percent of the wage in effect under section 6(a)(1) for the same period, the amount necessary to ensure that the wage in effect under this paragraph re- mains equal to 70 percent of the wage in effect VerDate Mar 15 2010 03:20 Jul 31, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652
 Sfmt 6201 E:\BILLS\S3453.IS S3453 •S 3453 IS 10 11 12 13 under section 6(a)(1), rounded to the nearest multiple of $0.05; and’’.
(c) PUBLICATION OF NOTICE.—Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsection (a)) (29 U.S.C.
206) 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 minimum wage determined under subsection (h) or required for tipped employees in accord- ance with subparagraph (B) or (C) of section 3(m)(1), as amended by the Fair Minimum Wage Act of 2012, the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing 14 the adjusted required wage.’’.
15 16 17 (d) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall take effect on the first day of the third month that begins after the date of enactment 18 of this Act •S 3453 IS