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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2486 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2486

   To amend the Fair Labor Standards Act of 1938 to establish salary 
   thresholds for and limitations on executive, administrative, and 
 professional employees and address highly compensated employees, for 
  purposes of the requirements for exemption from the Federal minimum 
       wage and maximum hour provisions, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2014

   Mr. Harkin (for himself, Mrs. Murray, Mr. Sanders, Mr. Casey, Ms. 
 Warren, Mr. Leahy, Mrs. Boxer, Mr. Brown, and Mr. Markey) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
   To amend the Fair Labor Standards Act of 1938 to establish salary 
   thresholds for and limitations on executive, administrative, and 
 professional employees and address highly compensated employees, for 
  purposes of the requirements for exemption from the Federal minimum 
       wage and maximum hour provisions, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring Overtime Pay for Working 
Americans Act''.

SEC. 2. SALARY THRESHOLDS, HIGHLY COMPENSATED EMPLOYEES, AND PRIMARY 
              DUTIES.

    (a) Salary Thresholds for Executive, Administrative, and 
Professional Employees.--Section 13 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213) is amended--
            (1) in subsection (a)(1), by inserting before ``; or'' the 
        following: ``, subject to the requirement that any employee 
        whom the Secretary determines is required to be paid on a 
        salary (or equivalent fee basis) in order to be exempt under 
        this subsection shall, in order to be so exempt, receive 
        compensation at a rate of not less than the salary rate (or 
        equivalent fee basis) determined under subsection (k)''; and
            (2) by adding at the end the following:
    ``(k) Salary Rate (or Equivalent Fee Basis).--
            ``(1) In general.--The salary rate (or equivalent fee 
        basis) determined under this subsection for purposes of 
        subsection (a)(1) shall be--
                    ``(A) beginning 1 year after the first day of the 
                first month that begins after the date of enactment of 
                the Restoring Overtime Pay for Working Americans Act, 
                $665 per week;
                    ``(B) beginning 2 years after such first day, $865 
                per week;
                    ``(C) beginning 3 years after such first day, 
                $1,090 per week; and
                    ``(D) beginning on the date that is 4 years after 
                such first day, and on such first day in each 
                succeeding year, an adjusted amount that is--
                            ``(i) not less than the amount in effect 
                        under this paragraph on the day before the date 
                        of such adjustment;
                            ``(ii) increased from such amount by the 
                        annual percentage increase in the Consumer 
                        Price Index for Urban Wage Earners and Clerical 
                        Workers; and
                            ``(iii) rounded to the nearest multiple of 
                        $1.00.
            ``(2) Special rule.--Notwithstanding paragraph (1), for any 
        employee for whom the minimum wage would otherwise be 
        determined pursuant to section 8103(b) of the Fair Minimum Wage 
        Act of 2007 (29 U.S.C. 206 note), the Secretary may determine, 
        through regulations, the salary rate (or equivalent fee basis).
    ``(l) Primary Duty.--In any case where an employer classifies an 
employee as an employee employed in a bona fide executive, 
administrative, or professional capacity, for the purpose of subsection 
(a)(1), or in a position described in subsection (a)(17), for the 
purpose of such subsection, such employee shall not spend more than 50 
percent of such employee's work hours in a workweek on duties that are 
not exempt under paragraph (1) or (17) of subsection (a), respectively.
    ``(m) Definitions.--For the purposes of this section:
            ``(1) Annual percentage increase.--The term `annual 
        percentage increase', when used in reference to the Consumer 
        Price Index for Urban Wage Earners and Clerical Workers, means 
        the annual percentage increase calculated by the Secretary by 
        comparing such Consumer Price Index for the most recent month, 
        quarter, or year available (as selected by the Secretary prior 
        to the first year for which a minimum wage is in effect 
        pursuant to this subsection) with such Consumer Price Index for 
        the same month in the preceding year, the same quarter in the 
        preceding year, or the preceding year, respectively.
            ``(2) Consumer price index for urban wage earners and 
        clerical workers.--The term `Consumer Price Index for Urban 
        Wage Earners and Clerical Workers' means the Consumer Price 
        Index for Urban Wage Earners and Clerical Workers (United 
        States city average, all items, not seasonally adjusted), or 
        its successor publication, as determined by the Bureau of Labor 
        Statistics.''.
    (b) Highly Compensated Employees.--
            (1) In general.--If the Secretary of Labor, in the 
        discretion of such Secretary, determines that an employee may 
        be exempt for purposes of section 13(a)(1) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 213(a)(1)), as a highly 
        compensated employee (as such term is defined and delimited by 
        the Secretary), then the level of total annual compensation 
        necessary for such exemption shall be--
                    (A) beginning 1 year after the first day of the 
                first month that begins after the date of enactment of 
                this Act, $108,000;
                    (B) beginning 2 years after such first day, 
                $116,000;
                    (C) beginning 3 years after such first day, 
                $125,000; and
                    (D) beginning on the date that is 4 years after 
                such first day, and for each succeeding calendar year, 
                an adjusted amount that is--
                            (i) not less than the amount in effect 
                        under this paragraph on the day before the date 
                        of such adjustment;
                            (ii) increased from such amount by the 
                        annual percentage increase in the Consumer 
                        Price Index for Urban Wage Earners and Clerical 
                        Workers; and
                            (iii) rounded to the nearest multiple of 
                        $1.00.
            (2) Rule of construction.--Nothing in this subsection or 
        the regulations promulgated by the Secretary of Labor under 
        this subsection shall override any provision of a collective 
        bargaining agreement that provides for overtime employment 
        compensation, or rights to such compensation, that exceed the 
        requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        201 et seq.).
            (3) Definitions.--For purposes of this subsection, the 
        terms ``annual percentage increase'' and ``Consumer Price Index 
        for Urban Wage Earners and Clerical Workers'' have the meanings 
        given the terms in section 13(m) of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 213(m)), as added by subsection (a).
    (c) Publication of Notice.--
            (1) In general.--Not later than 60 days before the 
        effective date of any adjustment in the salary rate (or 
        equivalent fee basis) required under section 13(k)(1)(D) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 213(k)(1)(D)), as 
        added by subsection (a), or any adjustment in the amount of 
        compensation required for the highly compensated employee 
        exemption required under subsection (b), the Secretary of Labor 
        shall publish, in the Federal Register and on the website of 
        the Department of Labor, a notice announcing the adjusted 
        salary rate (or equivalent fee basis) or adjusted amount of 
        compensation, respectively.
            (2) Nonapplicability of rulemaking requirements.--The 
        provisions of section 553 of title 5, United States Code, shall 
        not apply to any notice required under this subsection.
    (d) Penalties.--Section 16(e)(2) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 216(e)(2)) is amended by inserting ``or section 11(c), 
relating to the records that each employer is required to make, keep, 
and preserve,'' after ``relating to wages,''.
    (e) Effective Date.--This Act, and the amendments made by this Act, 
shall take effect on the date that is 1 year after the first day of the 
first month that begins after the date of enactment of this Act.
                                 <all>
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