HR 6211 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 6211CommentsClose CommentsPermalink

To amend the fair Labor Standards Act of 1938 to provide for increases in the minimum wage consistent with inflation, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

July 26, 2012CommentsClose CommentsPermalink

Mr. GEORGE MILLER of California (for himself, Mr. HOLT, Mr. TIERNEY, Mr. GRIJALVA, Ms. FUDGE, Ms. SCHAKOWSKY, Mr. HINCHEY, Mr. LARSON of Connecticut, Mr. KILDEE, Mr. KUCINICH, Ms. CHU, Ms. EDWARDS, Ms. NORTON, Ms. MOORE, Mr. MCGOVERN, Ms. WOOLSEY, Mr. ELLISON, Mr. SERRANO, Ms. MCCOLLUM, Mr. ANDREWS, Mr. TOWNS, Mr. BRADY of Pennsylvania, Mr. MCDERMOTT, Ms. LEE of California, Mr. CONYERS, Mr. RANGEL, Ms. ESHOO, Mr. FRANK of Massachusetts, Mr. BLUMENAUER, Ms. PINGREE of Maine, Mr. AL GREEN of Texas, Mr. STARK, Mr. FILNER, Mr. COHEN, Mrs. MALONEY, Mrs. NAPOLITANO, Mr. WELCH, Ms. LINDA T. SANCHEZ of California, Mr. MARKEY, Mr. FARR, Mr. HONDA, Mr. OLVER, Mrs. DAVIS of California, Mr. MEEKS, Ms. SEWELL, Ms. DELAURO, Ms. BROWN of Florida, Ms. BERKLEY, Ms. BASS of California, Mr. ROTHMAN of New Jersey, Mr. GUTIERREZ, Mr. DINGELL, Mr. NEAL, Ms. VELAZQUEZ, Mr. BECERRA, Mr. SARBANES, Mr. MORAN, Mr. CLARKE of Michigan, Ms. DEGETTE, Ms. CASTOR of Florida, Mr. HASTINGS of Florida, Mr. CAPUANO, Mr. PALLONE, Ms. ZOE LOFGREN of California, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. FATTAH, Mr. LEVIN, Mr. DEFAZIO, Mr. HIGGINS, Mr. PASTOR of Arizona, Mr. CUMMINGS, Mr. HOLDEN, Mr. BUTTERFIELD, Ms. RICHARDSON, Mr. KEATING, Mr. CLAY, Mr. LYNCH, Mr. SMITH of Washington, Mr. CARNAHAN, Ms. BALDWIN, Ms. KAPTUR, Mr. DAVIS of Illinois, Ms. ROYBAL-ALLARD, Mr. LEWIS of Georgia, Ms. TSONGAS, Mr. JOHNSON of Georgia, Mr. CICILLINE, Ms. SCHWARTZ, Ms. HAHN, Mr. SCHIFF, Mr. LANGEVIN, Ms. CLARKE of New York, Mr. PASCRELL, Mr. SHERMAN, Mr. DEUTCH, Mr. MURPHY of Connecticut, Mr. CLEAVER, Ms. MATSUI, Mrs. CHRISTENSEN, Ms. WILSON of Florida, Mr. WAXMAN, Ms. WATERS, Mr. RYAN of Ohio, Mr. LOEBSACK, and Mr. BERMAN) introduced the following bill; which was referred to the Committee on Education and the WorkforceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the fair Labor Standards Act of 1938 to provide for increases in the minimum wage consistent with inflation, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Fair Minimum Wage Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. MINIMUM WAGE INCREASES.

(a) Minimum Wage-CommentsClose CommentsPermalink





(1) IN GENERAL- 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:CommentsClose CommentsPermalink





‘(1) except as otherwise provided in this section, not less than--CommentsClose CommentsPermalink





‘(A) $8.10 an hour, beginning on the first day of the third month that begins after the date of enactment of the Fair Minimum Wage Act of 2012;CommentsClose CommentsPermalink





‘(B) $8.95 an hour, beginning 1 year after that first day;CommentsClose CommentsPermalink





‘(C) $9.80 an hour, beginning 2 years after that first day; andCommentsClose CommentsPermalink





‘(D) beginning on the date that is 3 years after that first day, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h);’.CommentsClose CommentsPermalink





(2) DETERMINATION BASED ON INCREASE IN THE CONSUMER PRICE INDEX- Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(h)(1) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(D) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for the subsequent 1-year period. The wage determined pursuant to this subsection for a year shall be--CommentsClose CommentsPermalink





‘(A) not less than the amount in effect under subsection (a)(1) on the date of such determination;CommentsClose CommentsPermalink





‘(B) increased from such amount by the annual percentage increase in 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; andCommentsClose CommentsPermalink





‘(C) rounded to the nearest multiple of $0.05.CommentsClose CommentsPermalink





‘(2) In calculating the annual percentage increase in the Consumer Price Index for purposes of paragraph (1)(B), the Secretary shall compare 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 the Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively.’.CommentsClose CommentsPermalink





(b) Base Minimum Wage for Tipped Employees- Section 3(m)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended to read as follows:CommentsClose CommentsPermalink





‘(1) the cash wage paid such employee, which for purposes of such determination shall be not less than--CommentsClose CommentsPermalink





‘(A) for the 1-year period beginning on the first day of the third month that begins after the date of enactment of the Fair Minimum Wage Act of 2012, $3.00 an hour;CommentsClose CommentsPermalink





‘(B) for each succeeding 1-year period until the hourly wage under this paragraph equals 70 percent of the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of--CommentsClose CommentsPermalink





‘(i) $0.85; orCommentsClose CommentsPermalink





‘(ii) the amount necessary for the wage in effect under this paragraph to equal 70 percent of the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; andCommentsClose CommentsPermalink





‘(C) for each succeeding 1-year period after the year in which the hourly wage under this paragraph first equals 70 percent of the wage in effect under section 6(a)(1) for the same period, the amount necessary to ensure that the wage in effect under this paragraph remains equal to 70 percent of the wage in effect under section 6(a)(1), rounded to the nearest multiple of $0.05; and’.CommentsClose CommentsPermalink





(c) Publication of Notice- Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsection (a)) (29 U.S.C. 206) is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(i) Not later than 60 days prior to the effective date of any increase in the minimum wage determined under subsection (h) or required for tipped employees in accordance with subparagraph (B) or (C) of section 3(m)(1), as amended by the Fair Minimum Wage Act of 2012, the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing the adjusted required wage.’.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by subsections (a) and (b) shall take effect on the first day of the third month that begins after the date of enactment of this Act.CommentsClose CommentsPermalink