`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 846 Placed on Calendar Senate (PCS)]






                                                        Calendar No. 80
109th CONGRESS
  1st Session
                                 S. 846

              To provide fair wages for America's workers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2005

Mr. Durbin introduced the following bill; which was read the first time

                             April 20, 2005

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
              To provide fair wages for America's workers.

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

                  TITLE I--OVERTIME RIGHTS PROTECTION

SEC. 101. CLARIFICATION OF REGULATIONS RELATING TO OVERTIME 
              COMPENSATION.

    Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) 
is amended by adding at the end the following:
    ``(k)(1) Notwithstanding the provisions of subchapter II of chapter 
5 and chapter 7 of title 5, United States Code (commonly referred to as 
the Administrative Procedures Act) or any other provision of law, any 
portion of the final rule promulgated on April 23, 2004, revising part 
541 of title 29, Code of Federal Regulations, that exempts from the 
overtime pay provision of section 7 of this Act any employee who would 
not otherwise be exempt if the regulations in effect on March 31, 2003, 
remained in effect, shall have no force or effect and that portion of 
such regulations (as in effect on March 31, 2003) that would prevent 
such employee from being exempt shall be reinstated.
    ``(2) The Secretary shall adjust the minimum salary level for 
exemption under section 13(a)(1) in the following manner:
            ``(A) Not later than 60 days after the date of enactment of 
        this subsection, the Secretary shall increase the minimum 
        salary level for exemption under subsection (a)(1) for 
        executive, administrative, and managerial occupations from the 
        level of $155 per week in 1975 to $591 per week (an amount 
        equal to the increase in the Employment Cost Index (published 
        by the Bureau of Labor Statistics) for executive, 
        administrative, and managerial occupations between 1975 and 
        2005).
            ``(B) Not later than December 31 of the calendar year 
        following the increase required in subparagraph (A), and each 
        December 31 thereafter, the Secretary shall increase the 
        minimum salary level for exemption under subsection (a)(1) by 
        an amount equal to the increase in the Employment Cost Index 
        for executive, administrative, and managerial occupations for 
        the year involved.''.

                      TITLE II--FAIR MINIMUM WAGE

SEC. 111. MINIMUM WAGE.

    (a) In General.--Section 6(a)(1) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206(a)(1)) is amended to read as follows:
            ``(1) except as otherwise provided in this section, not 
        less than--
                    ``(A) $5.85 an hour, beginning on the 60th day 
                after the date of enactment of this paragraph;
                    ``(B) $6.55 an hour, beginning 12 months after that 
                60th day; and
                    ``(C) $7.25 an hour, beginning 24 months after that 
                60th day;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 60 days after the date of enactment of this Act.

  TITLE III--SENSE OF THE SENATE REGARDING MULTIEMPLOYER PENSION PLANS

SEC. 121. SENSE OF THE SENATE REGARDING MULTIEMPLOYER PENSION PLANS.

    (a) Findings.--The Senate makes the following findings:
            (1) Multiemployer pension plans have been a major force in 
        the delivery of employee benefits to active and retired 
        American workers and their dependents for over half a century.
            (2) There are approximately 1,700 multiemployer defined 
        benefit pension plans in which approximately 9,700,000 workers 
        and retirees participate.
            (3) Three-quarters of the approximately 60,000 to 65,000 
        employers that participate in multiemployer plans have fewer 
        that 100 employees.
            (4) Multiemployer plans allow for greater access and 
        affordability for smaller employers and pension portability for 
        their employees as they move from one job to another, and 
        permit workers to earn a pension where they might otherwise not 
        be able to do so.
            (5) The 2000-2002 drop in the stock market and decline in 
        equity values has affected all investors, including 
        multiemployer plans.
            (6) The decline in value sustained by multiemployer defined 
        benefit pension plans have threatened the stability of this 
        private sector source of secure retirement income.
            (7) Participating employers could face onerous excise taxes 
        and other penalties as a result of the serious, adverse 
        financial impact due to these market losses.
            (8) In 2004, the United States Senate recognized the 
        severity of this situation and passed by an overwhelmingly, 
        large bipartisan margin of 86 to 9 temporary relief provisions 
        for single and multiemployer defined benefit pension plans.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Senate--
            (1) expresses its strong support for multiemployer defined 
        benefit pension plans;
            (2) recognizes the importance of an environment in which 
        multiemployer plans can continue their vital role in providing 
        benefits to working men and women;
            (3) recognizes that multiemployer pension plan relief must 
        be designed for the multiemployer labor-relations environment 
        that supports the plans; and
            (4) supports legislation to strengthen and protect the 
        viability of multiemployer pension plans for the continued 
        benefit of current and retired members, and their families and 
        survivors, and to strengthen the ability of all plans to 
        address funding problems that occur.




                                                        Calendar No. 80

109th CONGRESS

  1st Session

                                 S. 846

_______________________________________________________________________

                                 A BILL

              To provide fair wages for America's workers.

_______________________________________________________________________

                             April 20, 2005

            Read the second time and placed on the calendar`