I 

118TH CONGRESS 

1ST SESSION H. R. 4889 

To provide for increases in the Federal minimum wage, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2023 

Mr. SCOTT of Virginia (for himself, Ms. JAYAPAL, Mrs. HAYES, Mr. NORCROSS, Mr. SHERMAN, Ms. MOORE of Wisconsin, Mrs. DINGELL, Mr. 

CASTEN, Mr. SARBANES, Mr. DOGGETT, Ms. NORTON, Ms. BONAMICI, 

Ms. LEE of California, Mr. DAVIS of Illinois, Ms. PORTER, Mr. TORRES

of New York, Mr. CASAR, Ms. LEGER FERNANDEZ, Ms. WILSON of Florida, Mr. KRISHNAMOORTHI, Mr. NADLER, Mr. JOHNSON of Georgia, Mr. 

SCHIFF, Mr. SMITH of Washington, Mr. DELUZIO, Mr. MULLIN, Ms. 

OMAR, Ms. TOKUDA, Mr. KILMER, Mr. TRONE, Mr. CA ́RDENAS, Ms. WILLIAMS of Georgia, Mr. BLUMENAUER, Mr. THANEDAR, Ms. TITUS, Mr. 

MOULTON, Mr. THOMPSON of Mississippi, Mr. CLEAVER, Mr. GOMEZ, 

Ms. LOFGREN, Ms. SEWELL, Mr. HUFFMAN, Mr. DESAULNIER, Ms. 

SCANLON, Mrs. BEATTY, Mr. BOWMAN, Mr. BOYLE of Pennsylvania, Mr. 

CASTRO of Texas, Mr. ESPAILLAT, Mr. CLYBURN, Mrs. RAMIREZ, Ms. 

ROSS, Mr. LYNCH, Ms. SLOTKIN, Ms. ESCOBAR, Mr. ROBERT GARCIA of 

California, Ms. JACKSON LEE, Mr. LEVIN, Ms. HOYLE of Oregon, Mr. 

MFUME, Mrs. WATSON COLEMAN, Ms. CLARKE of New York, Ms. SCHAKOWSKY, Mr. GRIJALVA, Ms. ESHOO, Ms. TLAIB, Ms. CASTOR of Florida, 

Ms. LOIS FRANKEL of Florida, Ms. CRAIG, Mr. CARBAJAL, Ms. 

PRESSLEY, Mrs. MCBATH, Ms. BROWNLEY, Ms. BALINT, Mr. MCGOVERN, Mr. POCAN, Ms. STANSBURY, Ms. PINGREE, Mr. TAKANO, Mr. LARSEN of Washington, Mr. PASCRELL, Mr. EVANS, Ms. MATSUI, Ms. 

BARRAGA ́N, Mr. KHANNA, Mr. CROW, Mr. FROST, Ms. DELBENE, Ms. 

WASSERMAN SCHULTZ, Mr. MCGARVEY, Mr. SWALWELL, Ms. STEVENS, 

Ms. WEXTON, Mr. VARGAS, Ms. ADAMS, Ms. KAPTUR, Mr. GARCI ́A of Illinois, Ms. DEAN of Pennsylvania, Mr. HIMES, Ms. PELOSI, Mrs. 

TRAHAN, Ms. DELAURO, Mr. KILDEE, Mr. FOSTER, Mr. PANETTA, Mr. 

PAYNE, Mr. COHEN, Mr. KEATING, Ms. DEGETTE, Mr. TONKO, Mr. 

GARAMENDI, Mrs. FOUSHEE, Mr. MENENDEZ, Mr. RASKIN, Mr. CONNOLLY, Mr. PALLONE, Ms. UNDERWOOD, Mr. LIEU, Mr. MRVAN, Mr. 

HORSFORD, Mr. JACKSON of North Carolina, Mr. MAGAZINER, Mr. 

NEGUSE, Mr. HOYER, Mr. IVEY, Ms. SA ́NCHEZ, Ms. BROWN, Ms. 

MCCOLLUM, Ms. LEE of Pennsylvania, Ms. BLUNT ROCHESTER, Mr. 

COURTNEY, Mr. AGUILAR, Mrs. MCCLELLAN, Ms. VELA ́ZQUEZ, Ms. CHU, 


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Mr. KIM of New Jersey, Mr. LARSON of Connecticut, Mr. CARSON, Ms. 

KELLY of Illinois, Ms. CROCKETT, Ms. BUDZINSKI, Mr. MORELLE, Mr. 

DAVID SCOTT of Georgia, Ms. JACOBS, Ms. BUSH, Ms. MENG, Mr. 

GOLDMAN of New York, Mr. QUIGLEY, Mr. GOTTHEIMER, Mrs. SYKES, 

and Mr. CARTWRIGHT) introduced the following bill; which was referred 

to the Committee on Education and the Workforce 

A BILL 

To provide for increases in the Federal minimum wage, 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 ‘‘Raise the Wage Act 

5 of 2023’’. 

6 SEC. 2. MINIMUM WAGE INCREASES. 

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

8 Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended 

9 to read as follows: 

10 ‘‘(1) except as otherwise provided in this sec11 tion, not less than— 

12 ‘‘(A) $9.50 an hour, beginning on the ef13 fective date under section 7 of the Raise the 

14 Wage Act of 2023; 

15 ‘‘(B) $11.00 an hour, beginning 1 year 

16 after such effective date; 


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1 ‘‘(C) $12.50 an hour, beginning 2 years 

2 after such effective date; 

3 ‘‘(D) $14.00 an hour, beginning 3 years 

4 after such effective date; 

5 ‘‘(E) $15.50 an hour, beginning 4 years 

6 after such effective date; 

7 ‘‘(F) $17.00 an hour, beginning 5 years 

8 after such effective date; and 

9 ‘‘(G) beginning on the date that is 6 years 

10 after such effective date, and annually there11 after, the amount determined by the Secretary 

12 under subsection (h);’’. 

13 (b) DETERMINATION BASED ON INCREASE IN THE

14 MEDIAN HOURLY WAGE OF ALL EMPLOYEES.—Section 

15 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

16 206) is amended by adding at the end the following: 

17 ‘‘(h)(1) Not later than each date that is 90 days be18 fore a new minimum wage determined under subsection 

19 (a)(1)(G) is to take effect, the Secretary shall determine 

20 the minimum wage to be in effect under this subsection 

21 for each period described in subsection (a)(1)(G). The 

22 wage determined under this subsection for a year shall 

23 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, if any, in the median hourly 

3 wage of all employees as determined by the Bureau 

4 of Labor Statistics; and 

5 ‘‘(C) rounded up to the nearest multiple of 

6 $0.05, if the amount after applying subparagraphs 

7 (A) and (B) is not a multiple of $0.05. 

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

9 the median hourly wage of all employees for purposes of 

10 paragraph (1)(B), the Secretary, through the Bureau of 

11 Labor Statistics, shall compile data on the hourly wages 

12 of all employees to determine such a median hourly wage 

13 and compare such median hourly wage for the most recent 

14 year for which data are available with the median hourly 

15 wage determined for the preceding year.’’. 

16 SEC. 3. TIPPED EMPLOYEES. 

17 (a) BASE MINIMUM WAGE FOR TIPPED EMPLOYEES

18 AND TIPS RETAINED BY EMPLOYEES.—Section 

19 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 

20 (29 U.S.C. 203(m)(2)(A)(i)) is amended to read as fol21 lows: 

22 ‘‘(i) the cash wage paid such employee, which 

23 for purposes of such determination shall be not less 

24 than— 


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

2 effective date under section 7 of the Raise the 

3 Wage Act of 2023, $6.00 an hour; 

4 ‘‘(II) $8.00 an hour, beginning 1 year 

5 after such effective date; 

6 ‘‘(III) $10.00 an hour, beginning 2 years 

7 after such effective date; 

8 ‘‘(IV) $12.00 an hour, beginning 3 years 

9 after such effective date; 

10 ‘‘(V) $13.50 an hour, beginning 4 years 

11 after such effective date; 

12 ‘‘(VI) $15.00 an hour, beginning 5 years 

13 after such effective date; 

14 ‘‘(VII) $17.00 an hour, beginning 6 years 

15 after such effective date; and 

16 ‘‘(VIII) for each succeeding 1-year period 

17 after the increase made pursuant to subclause 

18 (VII), the minimum wage in effect under sec19 tion 6(a)(1); and’’. 

20 (b) TIPS RETAINED BY EMPLOYEES.—Section 

21 3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 

22 U.S.C. 203(m)(2)(A)) is amended— 

23 (1) in the second sentence of the matter fol24 lowing clause (ii), by striking ‘‘of this subsection, 

25 and all tips received by such employee have been reVerDate Sep 11 2014 04:04 Aug 11, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4889.IH H4889

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1 tained by the employee’’ and inserting ‘‘of this sub2 section. Any employee shall have the right to retain 

3 any tips received by such employee’’; and 

4 (2) by adding at the end the following: ‘‘An em5 ployer shall inform each employee of the right and 

6 exception provided under the preceding sentence.’’. 

7 (c) SCHEDULED REPEAL OF SEPARATE MINIMUM

8 WAGE FOR TIPPED EMPLOYEES.— 

9 (1) TIPPED EMPLOYEES.—Section 3(m)(2)(A) 

10 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

11 203(m)(2)(A)), as amended by subsections (a) and 

12 (b), is further amended by striking the sentence be13 ginning with ‘‘In determining the wage an employer 

14 is required to pay a tipped employee,’’ and all that 

15 follows through ‘‘of this subsection.’’ and inserting 

16 ‘‘The wage required to be paid to a tipped employee 

17 shall be the wage set forth in section 6(a)(1).’’. 

18 (2) PUBLICATION OF NOTICE.—Subsection (i) 

19 of section 6 of the Fair Labor Standards Act of 

20 1938 (29 U.S.C. 206), as added by section 5 and 

21 amended by section 6(b)(1), is further amended by 

22 striking ‘‘or in accordance with subclause (II) or 

23 (III) of section 3(m)(2)(A)(i),’’. 

24 (3) EFFECTIVE DATE.—The amendments made 

25 by paragraphs (1) and (2) shall take effect on the 


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1 date that is 1 day after the date on which the hourly 

2 wage under subclause (VIII) of section 3(m)(2)(A)(i) 

3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

4 203(m)(2)(A)(i)), as amended by subsection (a), 

5 takes effect. 

6 (d) PENALTIES.—Section 16 of the Fair Labor 

7 Standards Act of 1938 (29 U.S.C. 216) is amended— 

8 (1) in the third sentence of subsection (b), by 

9 inserting ‘‘or used’’ after ‘‘kept’’; and 

10 (2) in the second sentence of subsection (e)(2), 

11 by inserting ‘‘or used’’ after ‘‘kept’’. 

12 SEC. 4. NEWLY HIRED EMPLOYEES WHO ARE LESS THAN 20 

13 YEARS OLD. 

14 (a) BASE MINIMUM WAGE FOR NEWLY HIRED EM15 PLOYEES WHO ARE LESS THAN 20 YEARS OLD.—Section 

16 6(g)(1) of the Fair Labor Standards Act of 1938 (29 

17 U.S.C. 206(g)(1)) is amended by striking ‘‘a wage which 

18 is not less than $4.25 an hour.’’ and inserting the fol19 lowing: ‘‘a wage at a rate that is not less than— 

20 ‘‘(A) for the 1-year period beginning on the ef21 fective date under section 7 of the Raise the Wage 

22 Act of 2023, $6.00 an hour; 

23 ‘‘(B) for each succeeding 1-year period until the 

24 hourly wage under this paragraph equals the wage 

25 in effect under section 6(a)(1) for such period, an 


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1 hourly wage equal to the amount determined under 

2 this paragraph for the preceding year, increased by 

3 the lesser of— 

4 ‘‘(i) $1.75; or 

5 ‘‘(ii) the amount necessary for the wage in 

6 effect under this paragraph to equal the wage 

7 in effect under section 6(a)(1) for such period; 

8 and 

9 ‘‘(C) for each succeeding 1-year period after the 

10 increase made pursuant to subparagraph (B)(ii), the 

11 minimum wage in effect under section 6(a)(1).’’. 

12 (b) SCHEDULED REPEAL OF SEPARATE MINIMUM

13 WAGE FOR NEWLY HIRED EMPLOYEES WHO ARE LESS

14 THAN 20 YEARS OLD.— 

15 (1) IN GENERAL.—Section 6(g) of the Fair 

16 Labor Standards Act of 1938 (29 U.S.C. 206(g)), as 

17 amended by subsection (a), shall be repealed. 

18 (2) PUBLICATION OF NOTICE.—Subsection (i) 

19 of section 6 of the Fair Labor Standards Act of 

20 1938 (29 U.S.C. 206), as added by section 5 and 

21 amended by sections 6(b)(1) and 3(c)(2), is further 

22 amended by striking ‘‘or subparagraph (B) or (C) of 

23 subsection (g)(1)’’. 

24 (3) EFFECTIVE DATE.—The repeal and amend25 ment made by paragraphs (1) and (2), respectively, 


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1 shall take effect on the date that is 1 day after the 

2 date on which the hourly wage under subparagraph 

3 (C) of section 6(g)(1) of the Fair Labor Standards 

4 Act of 1938 (29 U.S.C. 206(g)(1)), as amended by 

5 subsection (a), takes effect. 

6 SEC. 5. PUBLICATION OF NOTICE. 

7 Section 6 of the Fair Labor Standards Act of 1938 

8 (29 U.S.C. 206), as amended by section 2(b), is further 

9 amended by adding at the end the following: 

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

11 of any increase in the required wage determined under 

12 subsection (a)(1) or subparagraph (B) or (C) of subsection 

13 (g)(1), or in accordance with subclause (II) or (III) of sec14 tion 3(m)(2)(A)(i) or section 14(c)(1)(A), the Secretary 

15 shall publish in the Federal Register and on the website 

16 of the Department of Labor a notice announcing each in17 crease in such required wage.’’. 

18 SEC. 6. PROMOTING ECONOMIC SELF-SUFFICIENCY FOR IN19 DIVIDUALS WITH DISABILITIES. 

20 (a) WAGES.— 

21 (1) TRANSITION TO FAIR WAGES FOR INDIVID22 UALS WITH DISABILITIES.—Subparagraph (A) of 

23 section 14(c)(1) of the Fair Labor Standards Act of 

24 1938 (29 U.S.C. 214(c)(1)) is amended to read as 

25 follows: 


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1 ‘‘(A) at a rate that equals or exceeds, for each 

2 year, the greater of— 

3 ‘‘(i)(I) $5.00 an hour, beginning on the ef4 fective date under section 7 of the Raise the 

5 Wage Act of 2023; 

6 ‘‘(II) $7.50 an hour, beginning 1 year 

7 after such effective date; 

8 ‘‘(III) $10.00 an hour, beginning 2 years 

9 after such effective date; 

10 ‘‘(IV) $12.50 an hour, beginning 3 years 

11 after such effective date; 

12 ‘‘(V) $15.50 an hour, beginning 4 years 

13 after such effective date; and 

14 ‘‘(VI) the wage rate in effect under section 

15 6(a)(1), beginning 5 years after such effective 

16 date; or 

17 ‘‘(ii) if applicable, the wage rate in effect 

18 on the day before the date of enactment of the 

19 Raise the Wage Act of 2023 for the employ20 ment, under a special certificate issued under 

21 this paragraph, of the individual for whom the 

22 wage rate is being determined under this sub23 paragraph,’’. 

24 (2) PROHIBITION ON NEW SPECIAL CERTIFI25 CATES; TRANSITION ASSISTANCE.— 


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1 (A) IN GENERAL.—Section 14(c) of the 

2 Fair Labor Standards Act of 1938 (29 U.S.C. 

3 214(c)) is amended by adding at the end the 

4 following: 

5 ‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI6 CATES.—Notwithstanding paragraph (1), the Sec7 retary shall not issue a special certificate under this 

8 subsection to an employer that was not issued a spe9 cial certificate under this subsection before the date 

10 of enactment of the Raise the Wage Act of 2023. 

11 ‘‘(7) TRANSITION ASSISTANCE.—Upon request, 

12 the Secretary shall provide— 

13 ‘‘(A) technical assistance and information 

14 to employers issued a special certificate under 

15 this subsection for the purposes of— 

16 ‘‘(i) assisting such employers to com17 ply with this subsection, as amended by 

18 the Raise the Wage Act of 2023; and 

19 ‘‘(ii) ensuring continuing employment 

20 opportunities for individuals with disabil21 ities receiving a special minimum wage 

22 rate under this subsection; and 

23 ‘‘(B) information to individuals employed 

24 at a special minimum wage rate under this sub25 section, which may include referrals to Federal 


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1 or State entities with expertise in competitive 

2 integrated employment.’’. 

3 (B) EFFECTIVE DATE.—The amendments 

4 made by this paragraph shall take effect on the 

5 date of enactment of this Act. 

6 (3) SUNSET.—Section 14(c) of the Fair Labor 

7 Standards Act of 1938 (29 U.S.C. 214(c)), as 

8 amended by paragraph (2), is further amended by 

9 adding at the end the following: 

10 ‘‘(8) SUNSET.—Beginning on the day after the 

11 date on which the wage rate described in paragraph 

12 (1)(A)(i)(VI) takes effect, the authority to issue spe13 cial certificates under paragraph (1) shall expire, 

14 and no special certificates issued under paragraph 

15 (1) shall have any legal effect.’’. 

16 (b) PUBLICATION OF NOTICE.— 

17 (1) AMENDMENT.—Subsection (i) of section 6 

18 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

19 206), as added by section 5, is amended by striking 

20 ‘‘or section 14(c)(1)(A)’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall take effect on the day after 

23 the date on which the wage rate described in para24 graph (1)(A)(i)(VI) of section 14(c) of the Fair 


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1 Labor Standards Act of 1938 (29 U.S.C. 214(c)), as 

2 amended by subsection (a)(1), takes effect. 

3 SEC. 7. GENERAL EFFECTIVE DATE. 

4 Except as otherwise provided in this Act, this Act and 

5 the amendments made by this Act shall take effect on the 

6 first day of the third month that begins after the date 

7 of the enactment of this Act. 

Æ 


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