Restoring Overtime Pay for Working Americans Act

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. 1. Short title This Act may be cited as the Restoring Overtime Pay for Working Americans Act 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 (1) in subsection (a)(1), by inserting before ; or , 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) (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 (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 (2) Consumer Price Index for Urban Wage Earners and Clerical Workers The term Consumer Price Index for Urban Wage Earners and Clerical Workers . (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 Consumer Price Index for Urban Wage Earners and Clerical Workers 29 U.S.C. 213(m) (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) (2) Nonapplicability of rulemaking requirements The provisions of section 553 (d) Penalties Section 16(e)(2) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e)(2) or section 11(c), relating to the records that each employer is required to make, keep, and preserve, 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.

Summary: Restoring Overtime Pay for Working Americans Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to establish salary thresholds for the exemption of executive, administrative, and professional employees from federal minimum wage and maximum hour requirements (allowing these individuals to receive overtime pay.) Establishes salary thresholds also for exemption of highly compensated employees from these FLSA requirements, if the Secretary of Labor determines such employees may be exempted. Prescribes a fine for any employer who repeatedly or willfully violates the FLSA requirement to make, keep, and preserve records of employees and their wages, hours, and other conditions and practices of employment.