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. LAUTENBERG, Mr. BROWN of Ohio, and Mrs. GILLIBRAND) introduced the following 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Minimum Wage 

5 Act of 2012’’. 

6 SEC. 2. MINIMUM WAGE INCREASES. 

7 (a) MINIMUM WAGE.— 

8 (1) IN GENERAL.—Section 6(a)(1) of the Fair 

9 Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 

10 is amended to read as follows: 


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1 ‘‘(1) except as otherwise provided in this sec2 tion, not less than— 

3 ‘‘(A) $8.10 an hour, beginning on the first 

4 day of the third month that begins after the 

5 date of enactment of the Fair Minimum Wage 

6 Act of 2012 Act; 

7 ‘‘(B) $8.95 an hour, beginning 1 year after 

8 that first day; 

9 ‘‘(C) $9.80 an hour, beginning 2 years 

10 after that first day; and 

11 ‘‘(D) beginning on the date that is 3 years 

12 after that first day, and annually thereafter, the 

13 amount determined by the Secretary pursuant 

14 to subsection (h);’’. 

15 (2) DETERMINATION BASED ON INCREASE IN

16 THE CONSUMER PRICE INDEX.—Section 6 of the 

17 Fair Labor Standards Act of 1938 (29 U.S.C. 206) 

18 is amended by adding at the end the following: 

19 ‘‘(h)(1) Each year, by not later than the date that 

20 is 90 days before a new minimum wage determined under 

21 subsection (a)(1)(D) is to take effect, the Secretary shall 

22 determine the minimum wage to be in effect pursuant to 

23 this subsection for the subsequent 1-year period. The wage 

24 determined pursuant to this subsection for a year shall 

25 be— 


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1 ‘‘(A) not less than the amount in effect under 

2 subsection (a)(1) on the date of such determination; 

3 ‘‘(B) increased from such amount by the annual 

4 percentage increase in the Consumer Price Index for 

5 Urban Wage Earners and Clerical Workers (United 

6 States city average, all items, not seasonally ad7 justed), or its successor publication, as determined 

8 by the Bureau of Labor Statistics; and 

9 ‘‘(C) rounded to the nearest multiple of $0.05. 

10 ‘‘(2) In calculating the annual percentage increase in 

11 the Consumer Price Index for purposes of paragraph 

12 (1)(B), the Secretary shall compare such Consumer Price 

13 Index for the most recent month, quarter, or year avail14 able (as selected by the Secretary prior to the first year 

15 for which a minimum wage is in effect pursuant to this 

16 subsection) with the Consumer Price Index for the same 

17 month in the preceding year, the same quarter in the pre18 ceding year, or the preceding year, respectively.’’. 

19 (b) BASE MINIMUM WAGE FOR TIPPED EMPLOY20 EES.—Section 3(m)(1) of the Fair Labor Standards Act 

21 of 1938 (29 U.S.C. 203(m)(1)) is amended to read as fol22 lows: 

23 ‘‘(1) the cash wage paid such employee, which 

24 for purposes of such determination shall be not less 

25 than— 


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1 ‘‘(A) for the 1-year period beginning on 

2 the first day of the third month that begins 

3 after the date of enactment of the Fair Min4 imum Wage Act of 2012, $3.00 an hour; 

5 ‘‘(B) for each succeeding 1-year period 

6 until the hourly wage under this paragraph 

7 equals 70 percent of the wage in effect under 

8 section 6(a)(1) for such period, an hourly wage 

9 equal to the amount determined under this 

10 paragraph for the preceding year, increased by 

11 the lesser of— 

12 ‘‘(i) $0.85; or 

13 ‘‘(ii) the amount necessary for the 

14 wage in effect under this paragraph to 

15 equal 70 percent of the wage in effect 

16 under section 6(a)(1) for such period, 

17 rounded to the nearest multiple of $0.05; 

18 and 

19 ‘‘(C) for each succeeding 1-year period 

20 after the year in which the hourly wage under 

21 this paragraph first equals 70 percent of the 

22 wage in effect under section 6(a)(1) for the 

23 same period, the amount necessary to ensure 

24 that the wage in effect under this paragraph re25 mains equal to 70 percent of the wage in effect 


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1 under section 6(a)(1), rounded to the nearest 

2 multiple of $0.05; and’’. 

3 (c) PUBLICATION OF NOTICE.—Section 6 of the Fair 

4 Labor Standards Act of 1938 (as amended by subsection 

5 (a)) (29 U.S.C. 206) is further amended by adding at the 

6 end the following: 

7 ‘‘(i) Not later than 60 days prior to the effective date 

8 of any increase in the minimum wage determined under 

9 subsection (h) or required for tipped employees in accord10 ance with subparagraph (B) or (C) of section 3(m)(1), as 

11 amended by the Fair Minimum Wage Act of 2012, the 

12 Secretary shall publish in the Federal Register and on the 

13 website of the Department of Labor a notice announcing 

14 the adjusted required wage.’’. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 subsections (a) and (b) shall take effect on the first day 

17 of the third month that begins after the date of enactment 

18 of this Act. 

Æ 


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