II 

113TH CONGRESS 

1ST SESSION S. 460 

To provide for an increase in the Federal minimum wage. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2013 

Mr. HARKIN (for himself, Ms. MIKULSKI, Mrs. MURRAY, Mr. SANDERS, Mr. 

CASEY, Mr. FRANKEN, Mr. WHITEHOUSE, Ms. BALDWIN, Mr. MURPHY, 

Ms. WARREN, Mr. LEAHY, Mr. LEVIN, Mr. ROCKEFELLER, Mrs. BOXER, 

Mr. WYDEN, Mr. DURBIN, Mr. REED, Mr. SCHUMER, Ms. STABENOW, 

Mr. LAUTENBERG, Mr. BROWN, Ms. KLOBUCHAR, Mr. MERKLEY, Mrs. 

GILLIBRAND, Mr. BLUMENTHAL, and Mr. COWAN) 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 2013’’. 

6 SEC. 2. MINIMUM WAGE INCREASES. 

7 (a) MINIMUM WAGE.— 


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•S 460 IS

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

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

3 is amended to read as follows: 

4 ‘‘(1) except as otherwise provided in this sec5 tion, not less than— 

6 ‘‘(A) $8.20 an hour, beginning on the first 

7 day of the third month that begins after the 

8 date of enactment of the Fair Minimum Wage 

9 Act of 2013 Act; 

10 ‘‘(B) $9.15 an hour, beginning 1 year after 

11 that first day; 

12 ‘‘(C) $10.10 an hour, beginning 2 years 

13 after that first day; and 

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

15 after that first day, and annually thereafter, the 

16 amount determined by the Secretary pursuant 

17 to subsection (h);’’. 

18 (2) DETERMINATION BASED ON INCREASE IN

19 THE CONSUMER PRICE INDEX.—Section 6 of the 

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

21 is amended by adding at the end the following: 

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

23 is 90 days before a new minimum wage determined under 

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

25 determine the minimum wage to be in effect pursuant to 


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

2 determined pursuant to this subsection for a year shall 

3 be— 

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

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

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

7 percentage increase in the Consumer Price Index for 

8 Urban Wage Earners and Clerical Workers (United 

9 States city average, all items, not seasonally ad10 justed), or its successor publication, as determined 

11 by the Bureau of Labor Statistics; and 

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

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

14 the Consumer Price Index for purposes of paragraph 

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

16 Index for the most recent month, quarter, or year avail17 able (as selected by the Secretary prior to the first year 

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

19 subsection) with the Consumer Price Index for the same 

20 month in the preceding year, the same quarter in the pre21 ceding year, or the preceding year, respectively.’’. 

22 (b) BASE MINIMUM WAGE FOR TIPPED EMPLOY23 EES.—Section 3(m)(1) of the Fair Labor Standards Act 

24 of 1938 (29 U.S.C. 203(m)(1)) is amended to read as fol25 lows: 


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

2 for purposes of such determination shall be not less 

3 than— 

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

5 the first day of the third month that begins 

6 after the date of enactment of the Fair Min7 imum Wage Act of 2013, $3.00 an hour; 

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

9 until the hourly wage under this paragraph 

10 equals 70 percent of the wage in effect under 

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

12 equal to the amount determined under this 

13 paragraph for the preceding year, increased by 

14 the lesser of— 

15 ‘‘(i) $0.95; or 

16 ‘‘(ii) the amount necessary for the 

17 wage in effect under this paragraph to 

18 equal 70 percent of the wage in effect 

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

20 rounded to the nearest multiple of $0.05; 

21 and 

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

23 after the year in which the hourly wage under 

24 this paragraph first equals 70 percent of the 

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


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1 same period, the amount necessary to ensure 

2 that the wage in effect under this paragraph re3 mains equal to 70 percent of the wage in effect 

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

5 multiple of $0.05; and’’. 

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

7 Labor Standards Act of 1938 (as amended by subsection 

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

9 end the following: 

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

11 of any increase in the minimum wage determined under 

12 subsection (h) or required for tipped employees in accord13 ance with subparagraph (B) or (C) of section 3(m)(1), as 

14 amended by the Fair Minimum Wage Act of 2013, the 

15 Secretary shall publish in the Federal Register and on the 

16 website of the Department of Labor a notice announcing 

17 the adjusted required wage.’’. 

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

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

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

21 of this Act. 

Æ 


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