I
106TH CONGRESS
2D SESSION
H. R. 3833
To amend the Fair Labor Standards Act of 1938 to increase the minimum
wage, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 2000
Mr. SHIMKUS introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To amend the Fair Labor Standards Act of 1938 to increase
the minimum wage, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. MINIMUM WAGE.
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 sec-
tion, not less than—
‘‘(A) $5.15 an hour beginning September
1, 1997,
‘‘(B) $5.48 an hour during the year begin-
ning April 1, 2000,
‘‘(C) $5.81 an hour during the year begin-
ning April 1, 2001, and
‘‘(D) $6.15 an hour beginning April 1,
2002;’’.
SEC. 2. EXEMPTION FOR COMPUTER PROFESSIONALS.
Section 13(a) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)) is amended by amending para-
graph (17) to read as follows:
‘‘(17) any employee who is a computer systems,
network, or database analyst, designer, developer,
programmer, software engineer, or other similarly
skilled worker—
‘‘(A) whose primary duty is—
‘‘(i) the application of systems or net-
work or database analysis techniques and
procedures, 
including 
consulting 
with
users, to determine hardware, software,
systems, network, or database specifica-
tions (including functional specifications);
‘‘(ii) the design, configuration, devel-
opment, integration, documentation, anal-
ysis, creation, testing, securing, or modi-
fication of, or problem resolution for, com-
puter systems, networks, databases, or pro-
grams, including prototypes, based on and
related to user, system, network, or data-
base specifications, including design speci-
fications and machine operating systems;
‘‘(iii) the management or training of
employees performing duties described in
clause (i) or (ii); or
‘‘(iv) a combination of duties de-
scribed in clauses (i), (ii), or (iii) the per-
formance of which requires the same level
of skills; and
‘‘(B) who, in the case of an employee who
is compensated on an hourly basis, is com-
pensated at a rate of not less than $27.63 an
hour.
For purposes of paragraph (17), the term ‘network’
includes the Internet and intranet networks and the
world wide web. An employee who meets the exemp-
tion provided by paragraph (17) shall be considered
an employee in a professional capacity pursuant to
paragraph (1);’’.
SEC. 3. EXEMPTION FOR CERTAIN SALES EMPLOYEES.
(a) AMENDMENT.—Section 13(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(a)), as amended
by section 2, is amended by adding at the end the fol-
lowing:
‘‘(18) any employee employed in a sales position
if—
‘‘(A) the employee has specialized or tech-
nical knowledge related to products or services
being sold;
‘‘(B) the employee’s—
‘‘(i) sales are predominantly to per-
sons or entities to whom the employee’s
position has made previous sales; or
‘‘(ii) position does not involve initi-
ating sales contacts;
‘‘(C) the employee has a detailed under-
standing of the needs of those to whom the em-
ployee is selling;
‘‘(D) the employee exercises discretion in
offering a variety of products and services;
‘‘(E) the employee receives—
‘‘(i) base compensation, determined
without regard to the number of hours
worked by the employee, of not less than
an amount equal to one and one-half times
the minimum wage in effect under section
6(a)(1) multiplied by 2,080; and
‘‘(ii) in addition to the employee’s
base compensation, compensation based
upon each sale attributable to the em-
ployee;
‘‘(F) the employee’s aggregate compensa-
tion based upon sales attributable to the em-
ployee is not less than 40 percent of one and
one-half times the minimum wage multiplied by
2,080;
‘‘(G) the employee receives a rate of com-
pensation based upon each sale attributable to
the employee which is beyond sales required to
reach the compensation required by subpara-
graph (F) which rate is not less than the rate
on which the compensation required by sub-
paragraph (F) is determined; and
‘‘(H) the rate of annual compensation or
base compensation for any employee who did
not work for an employer for an entire calendar
year is prorated to reflect annual compensation
which would have been earned if the employee
had been compensated at the same rate for the
entire calendar year;’’.