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‘‘(1) except as otherwise provided in this section, not less
than $4.25 an hour during the period ending on September
30, 1996, not less than $4.75 an hour during the year beginning
on October 1, 1996, and not less than $5.15 an hour beginning
September 1, 1997;’’.
(c) CONFORMING AMENDMENT.—Section 6 of such Act (29 U.S.C.
206) is amended by striking subsection (c).
SEC. 2105. FAIR LABOR STANDARDS ACT AMENDMENTS.
(a) COMPUTER PROFESSIONALS.—Section 13(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(a)) is amended by striking
the period at the end of paragraph (16) and inserting ‘‘; or’’ and
by adding after that paragraph the following:
‘‘(17) any employee who is a computer systems analyst,
computer programmer, software engineer, or other similarly
skilled worker, whose primary duty is—
‘‘(A) the application of systems analysis techniques and
procedures, including consulting with users, to determine
hardware, software, or system functional specifications;
‘‘(B) the design, development, documentation, analysis,
creation, testing, or modification of computer systems or
programs, including prototypes, based on and related to
user or system design specifications;
‘‘(C) the design, documentation, testing, creation, or
modification of computer programs related to machine
operating systems; or
‘‘(D) a combination of duties described in subpara-
graphs (A), (B), and (C) the performance of which requires
the same level of skills, and
who, in the case of an employee who is compensated on an
hourly basis, is compensated at a rate of not less than $27.63
an hour.’’.
(b) TIP CREDIT.—The last sentence of section 3(m) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(m)) is amended by
striking ‘‘previous sentence’’ and inserting ‘‘preceding 2 sentences’’
and by striking ‘‘(1)’’ and ‘‘(2)’’ and such section is amended by
striking the next to last sentence and inserting the following: ‘‘In
determining the wage an employer is required to pay a tipped
employee, the amount paid such employee by the employee’s
employer shall be an amount equal to—
‘‘(1) the cash wage paid such employee which for purposes
of such determination shall be not less than the cash wage
required to be paid such an employee on the date of the enact-
ment of this paragraph; and
‘‘(2) an additional amount on account of the tips received
by such employee which amount is equal to the difference
between the wage specified in paragraph (1) and the wage
in effect under section 6(a)(1).
The additional amount on account of tips may not exceed the
value of the tips actually received by an employee.’’.
(c) OPPORTUNITY WAGE.—Section 6 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206) is amended by adding at the end
the following:
‘‘(g)(1) In lieu of the rate prescribed by subsection (a)(1), any
employer may pay any employee of such employer, during the
first 90 consecutive calendar days after such employee is initially
H. R. 3448—176
employed by such employer, a wage which is not less than $4.25
an hour.
‘‘(2) No employer may take any action to displace employees
(including partial displacements such as reduction in hours, wages,
or employment benefits) for purposes of hiring individuals at the
wage authorized in paragraph (1).
‘‘(3) Any employer who violates this subsection shall be consid-
ered to have violated section 15(a)(3).
‘‘(4) This subsection shall only apply to an employee who has
not attained the age of 20 years.’’.
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.