I 

116TH CONGRESS 

1ST SESSION H. R. 3728 

To amend the Fair Labor Standards Act of 1938 to provide for the adjustment of the minimum wage rate and to provide a regional minimum 

wage option, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2019 

Mr. ROONEY of Florida 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 provide 

for the adjustment of the minimum wage rate and to 

provide a regional minimum wage option, and for other 

purposes. 

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 ‘‘Fight for a Modern 

5 Minimum Wage Act’’. 


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1 SEC. 2. AMENDMENTS TO THE FAIR LABOR STANDARDS 

2 ACT OF 1938. 

3 (a) MINIMUM WAGE RATE.—Section 6(a)(1) of the 

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

5 is amended to read as follows: 

6 ‘‘(1) except as otherwise provided in this sec7 tion, not less than— 

8 ‘‘(A) $8.50 an hour, beginning on January 

9 1, 2020; and 

10 ‘‘(B) beginning on the date that is 5 years 

11 after the date under subparagraph (A), and 

12 quinquennially thereafter, the amount deter13 mined by the Secretary under subsection (h);’’. 

14 (b) WAGE RATE ADJUSTMENT AND REGIONAL MIN15 IMUM WAGE.—Section 6 of the Fair Labor Standards Act 

16 of 1938 (29 U.S.C. 206) is amended by adding at the end 

17 the following: 

18 ‘‘(h)(1) Not later than 1 year before a new minimum 

19 wage rate determined under subsection (a)(1)(B) is to 

20 take effect, the Secretary shall determine the minimum 

21 wage rate to be in effect pursuant to this subsection for 

22 the subsequent 5-year period. The minimum wage rate de23 termined pursuant to this subsection for a year shall be— 

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

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


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

2 percentage increase in the Consumer Price Index 

3 Research Series Using Current Methods, or its suc4 cessor publication, as determined by the Bureau of 

5 Labor Statistics; and 

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

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

8 the Consumer Price Index Research Series Using Current 

9 Methods for the purposes of paragraph (1)(B), the Sec10 retary shall compare such Consumer Price Index Research 

11 Series Using Current Methods for the most recent month, 

12 quarter, or year available (as selected by the Secretary 

13 prior to the first year for which a minimum wage is in 

14 effect pursuant to this subsection) with the Consumer 

15 Price Index Research Series Using Current Methods for 

16 the same month in the last year in which the minimum 

17 wage rate under subsection (a)(1) was updated, the same 

18 quarter in such year, or such year, respectively. 

19 ‘‘(i)(1) Notwithstanding subsection (a)(1), the wage 

20 rate in effect under subsection (a) for a State or locality 

21 shall be the regional minimum wage rate set by the Sec22 retary for such State or locality under paragraph (2) with 

23 respect to such State or locality if— 


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1 ‘‘(A) such State or locality opts for such re2 gional minimum wage rate and notifies the Sec3 retary; and 

4 ‘‘(B) such regional minimum wage rate is not 

5 less than the wage rate in effect under subsection 

6 (a)(1). 

7 ‘‘(2)(A) Not later than 1 year before a new minimum 

8 wage rate determined under subsection (a)(1)(B) is to 

9 take effect, the Secretary shall determine the regional 

10 minimum wage rate for each State and locality under this 

11 subsection. 

12 ‘‘(B) With respect to a State, the regional minimum 

13 wage rate shall be equal to— 

14 ‘‘(i) the amount to take effect under subsection 

15 (a)(1)(B); 

16 ‘‘(ii) adjusted by the percentage difference be17 tween the most recent regional price parity with re18 spect to such State and the national price level, pub19 lished by the Bureau of Economic Analysis of the 

20 Department of Commerce; and 

21 ‘‘(iii) rounded to the nearest multiple of $0.05. 

22 ‘‘(C) With respect to a locality, the regional minimum 

23 wage rate shall be equal to— 

24 ‘‘(i) the amount to take effect under (a)(1)(B); 


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1 ‘‘(ii) adjusted by the percentage difference be2 tween the most recent regional price parity with re3 spect to the metropolitan statistical area in which 

4 such locality is located, or if the locality is not lo5 cated within a metropolitan statistical area, with re6 spect to the State in which the locality is located, 

7 and the national price level, published by the Bureau 

8 of Economic Analysis of the Department of Com9 merce; and 

10 ‘‘(iii) rounded to the nearest multiple of $0.05. 

11 ‘‘(3) A locality may not opt for the regional minimum 

12 wage under paragraph (1)— 

13 ‘‘(A) if such locality is located in a State with 

14 a law that prohibits any locality within such State 

15 from adopting a minimum wage rate that is higher 

16 than a specified rate; and 

17 ‘‘(B) such specified rate is less than the re18 gional minimum wage rate for such locality deter19 mined by the Secretary under paragraph (2).’’. 

Æ 


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