578
(b) AMENDMENT.—Paragraph (1) of section 6(a) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a))
is amended to read as follows:
‘‘(1) except as otherwise provided in this sec-
tion, not less than $4.25 an hour during the period
ending on June 30, 1996, not less than $4.75 an
hour during the year beginning on July 1, 1996, and
not less than $5.15 an hour after the expiration of
such year;’’.
SEC. 5. 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 para-
graph 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, documenta-
tion, analysis, creation, testing, or modification
579
of computer systems or programs, including
prototypes, based on and related to user or sys-
tem 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
subparagraphs (A), (B), and (C) the perform-
ance 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 next to last sentence of sec-
tion 3(m) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(m)) is amended to read as follows: ‘‘In deter-
mining the wage an employer is required to pay a tipped
employee, the amount paid such employee by the employ-
ee’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 em-
ployee on the date of the enactment of this para-
graph; and
580
‘‘(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 cash wage in effect under sec-
tion 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 em-
ployer, during the first 90 consecutive calendar days after
such employee is initially 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 reduc-
tion 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 considered to have violated section 15(a)(3).
581
‘‘(4) This subsection shall only apply to an employee
who has not attained the age of 20 years.’’.
Passed the House of Representatives May 22, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By LINDA NAVE,
Deputy Clerk.