Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Restoring Overtime Pay for Working
Americans Act''.

SEC. 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) is amended--
(1) in subsection (a)(1), by inserting before ''; or'' the
following: '', 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)''; and
(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 note), the Secretary may determine,
through regulations, the salary rate (or equivalent fee basis).
''(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', when used in reference to the Consumer
Price Index for Urban Wage Earners and Clerical Workers, means
the annual percentage increase calculated by the Secretary by
comparing such Consumer Price Index for the most recent month,
quarter, or year available (as selected by the Secretary prior
to the first year for which a minimum wage is in effect
pursuant to this subsection) with such Consumer Price Index for
the same month in the preceding year, the same quarter in the
preceding year, or the preceding year, respectively.
''(2) Consumer price index for urban wage earners and
clerical workers.--The term 'Consumer Price Index for Urban
Wage Earners and Clerical Workers' means the Consumer Price
Index for Urban Wage Earners and Clerical Workers (United
States city average, all items, not seasonally adjusted), or
its successor publication, as determined by the Bureau of Labor
Statistics.''.
(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'' and ''Consumer Price Index
for Urban Wage Earners and Clerical Workers'' have the meanings
given the terms in section 13(m) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 213(m)), as added by subsection (a).
(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)), as
added by subsection (a), or any adjustment in the amount of
compensation required for the highly compensated employee
exemption required under subsection (b), the Secretary of Labor
shall publish, in the Federal Register and on the website of
the Department of Labor, a notice announcing the adjusted
salary rate (or equivalent fee basis) or adjusted amount of
compensation, respectively.
(2) Nonapplicability of rulemaking requirements.--The
provisions of section 553 of title 5, United States Code, shall
not apply to any notice required under this subsection.
(d) Penalties.--Section 16(e)(2) of the Fair Labor Standards Act of
1938 (29 U.S.C. 216(e)(2)) is amended by inserting ''or section 11(c),
relating to the records that each employer is required to make, keep,
and preserve,'' after ''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.
Output:
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.