I 
116TH CONGRESS 
1ST SESSION H. R. 3197 
To amend the Fair Labor Standards Act of 1938 to establish a minimum 
salary threshold for bona fide executive, administrative, and professional 
employees exempt from Federal overtime compensation requirements, 
and automatically update such threshold every 3 years. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2019 
Mr. TAKANO (for himself, Mr. SCOTT of Virginia, Ms. ADAMS, Ms. WILSON 
of Florida, Ms. KAPTUR, Ms. WASSERMAN SCHULTZ, Ms. SCHAKOWSKY, 
Mr. ESPAILLAT, Mr. RYAN, Ms. WATERS, Mr. PALLONE, Mr. PASCRELL, 
Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. DELAURO, Mr. SERRANO, 
Mr. GRIJALVA, Ms. BONAMICI, Mr. CUMMINGS, Mr. DESAULNIER, Ms. 
OMAR, Mr. POCAN, Ms. NORTON, Ms. LEE of California, Mr. THOMPSON 
of Mississippi, Ms. HAALAND, Ms. JAYAPAL, Mrs. WATSON COLEMAN, 
Mr. RASKIN, Ms. BARRAGA´N, Mrs. DAVIS of California, Mr. DANNY K. 
DAVIS of Illinois, Mr. SIRES, Mr. LEVIN of Michigan, Mr. KHANNA, Mr. 
SMITH
of Washington, Ms. TLAIB, Mr. BEYER, Ms. WILD, Ms. 
MUCARSEL-POWELL, Mr. KENNEDY, Mrs. NAPOLITANO, Mr. NADLER, 
Mr. COHEN, Mr. PAYNE, Mr. GARCI´A of Illinois, Mr. NORCROSS, and Ms. 
PRESSLEY) introduced the following bill; which was referred to the Com-
mittee on Education and Labor 
A BILL 
To amend the Fair Labor Standards Act of 1938 to establish 
a minimum salary threshold for bona fide executive, ad-
ministrative, and professional employees exempt from 
Federal overtime compensation requirements, and auto-
matically update such threshold every 3 years. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restoring Overtime 
Pay Act of 2019’’. 
SEC. 2. MINIMUM SALARY THRESHOLD FOR BONA FIDE EX-
ECUTIVE, ADMINISTRATIVE, AND PROFES-
SIONAL EMPLOYEES EXEMPT FROM FEDERAL 
OVERTIME COMPENSATION REQUIREMENTS. 
(a) IN GENERAL.—Section 13 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213) is amended— 
(1) in subsection (a)(1)— 
(A) by inserting ‘‘subsection (k) and’’ after 
‘‘subject to’’; and 
(B) by inserting ‘‘(except as provided 
under subsection (k)(2)(C))’’ after ‘‘Administra-
tive Procedure Act’’; and 
(2) by adding at the end the following: 
‘‘(k) MINIMUM SALARY THRESHOLD.— 
‘‘(1) IN GENERAL.—Beginning on the effective 
date of the Restoring Overtime Pay Act of 2019, the 
Secretary shall require that an employee described in 
subsection (a)(1), as a requirement for exemption 
under such subsection, be compensated on a salary 
basis, or equivalent fee basis, within the meaning of 
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such terms in subpart G of part 541 of title 29, 
Code of Federal Regulations (or any successor regu-
lation), at a rate per week that is not less than the 
salary threshold under paragraph (2). 
‘‘(2) SALARY THRESHOLD.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), the salary threshold shall 
be an amount that is equal to the 40th per-
centile of earnings of full-time salaried workers 
in the lowest-wage census region, as determined 
by the Bureau of Labor Statistics based on 
data from the second quarter of the calendar 
year preceding the calendar year in which such 
amount takes effect. 
‘‘(B) INCREASED THRESHOLD.—The Sec-
retary may establish, through notice and com-
ment rulemaking under section 553 of title 5, 
United States Code, a salary threshold that is 
an amount that— 
‘‘(i) is greater than the 40th per-
centile of earnings of the full-time salaried 
workers described in subparagraph (A); 
and 
‘‘(ii) is calculated based on a data set 
and methodology established by the Sec-
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