,,ii #aacth ,,congress #b;d ,session ,s4 #bdhf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjad ,mr4 ,harkin 7for himself1 ,mrs4 ,murray1 ,mr4 ,sanders1 ,mr4 ,casey1 ,ms4 ,warren1 ,mr4 ,leahy1 ,mrs4 ,boxer1 ,mr4 ,brown1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,fair ,labor ,standards ,act of #aich to establish salary thresholds for and limitations on executive1 administrative1 and professional employees and address highly compensated employees1 for purposes of the requirements for exemption from the ,federal minimum wage and maximum hour provisions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,restoring ,overtime ,pay for ,working ,americans ,act4 #b4 ,salary thresholds1 highly compensated employees1 and primary duties 7a7 ,salary thresholds for executive1 administrative1 and professional employees ,section #ac of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7 is amended-- 7#a7 in subsection 7a77#a71 by inserting before 2 or the following3 1 subject to the requirement that any employee whom the ,secretary determines is required to be paid on a salary 7or equivalent fee basis7 in order to be exempt under this subsection shall1 in order to be so exempt1 receive compensation at a rate of not less than the salary rate 7or equivalent fee basis7 determined under subsection 7k72 and 7#b7 by adding at the end the following3 7k7 ,salary rate 7or equivalent fee basis7 7#a7 ,in general ,the salary rate 7or equivalent fee basis7 determined under this subsection for purposes of subsection 7a77#a7 shall be-- 7,a7 beginning #a year after the first day of the first month that begins after the date of enactment of the ,restoring ,overtime ,pay for ,working ,americans ,act1 #ffe per week2 7,b7 beginning #b years after such first day1 #hfe per week2 7,c7 beginning #c years after such first day1 #a1jij per week2 and 7,d7 beginning on the date that is #d years after such first day1 and on such first day in each succeeding year1 an adjusted amount that is-- 7i7 not less than the amount in effect under this paragraph on the day before the date of such adjustment2 7ii7 increased from such amount by the annual percentage increase in the ,consumer ,price ,index for ,urban ,wage ,earners and ,clerical ,workers2 and 7iii7 rounded to the nearest multiple of #a4jj4 7#b7 ,special rule ,notwithstanding paragraph 7#a71 for any employee for whom the minimum wage would otherwise be determined pursuant to section #hajc7;b7 of the ,fair ,minimum ,wage ,act of #bjjg 7#bi ,u4,s4,c4 #bjf note71 the ,secretary may determine1 through regulations1 the salary rate 7or equivalent fee basis74 7l7 ,primary duty ,in any case where an employer classifies an employee as an employee employed in a bona fide executive1 administrative1 or professional capacity1 for the purpose of subsection 7a77#a71 or in a position described in subsection 7a77#ag71 for the purpose of such subsection1 such employee shall not spend more than #ej percent of such employee's work hours in a workweek on duties that are not exempt under paragraph 7#a7 or 7#ag7 of subsection 7a71 respectively4 7m7 ,definitions ,for the purposes of this section3 7#a7 ,annual percentage increase ,the term annual percentage increase1 when used in reference to the ,consumer ,price ,index for ,urban ,wage ,earners and ,clerical ,workers1 means the annual percentage increase calculated by the ,secretary by comparing such ,consumer ,price ,index for the most recent month1 quarter1 or year available 7as selected by the ,secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection7 with such ,consumer ,price ,index for the same month in the preceding year1 the same quarter in the preceding year1 or the preceding year1 respectively4 7#b7 ,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 7,united ,states city average1 all items1 not seasonally adjusted71 or its successor publication1 as determined by the ,bureau of ,labor ,statistics4 4 7b7 ,highly compensated employees 7#a7 ,in general ,if the ,secretary of ,labor1 in the discretion of such ,secretary1 determines that an employee may be exempt for purposes of section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a771 as a highly compensated employee 7as such term is defined and delimited by the ,secretary71 then the level of total annual compensation necessary for such exemption shall be-- 7,a7 beginning #a year after the first day of the first month that begins after the date of enactment of this ,act1 #ajh1jjj2 7,b7 beginning #b years after such first day1 #aaf1jjj2 7,c7 beginning #c years after such first day1 #abe1jjj2 and 7,d7 beginning on the date that is #d years after such first day1 and for each succeeding calendar year1 an adjusted amount that is-- 7i7 not less than the amount in effect under this paragraph on the day before the date of such adjustment2 7ii7 increased from such amount by the annual percentage increase in the ,consumer ,price ,index for ,urban ,wage ,earners and ,clerical ,workers2 and 7iii7 rounded to the nearest multiple of #a4jj4 7#b7 ,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 compensation1 or rights to such compensation1 that exceed the requirements of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 7#c7 ,definitions ,for purposes of this subsection1 the terms annual percentage increase and ,consumer ,price ,index for ,urban ,wage ,earners and ,clerical ,workers have the meanings given the terms in section #ac7m7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7m771 as added by subsection 7a74 7c7 ,publication of notice 7#a7 ,in general ,not later than #fj days before the effective date of any adjustment in the salary rate 7or equivalent fee basis7 required under section #ac7k77#a77;,d7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7k77#a77;,d771 as added by subsection 7a71 or any adjustment in the amount of compensation required for the highly compensated employee exemption required under subsection 7b71 the ,secretary of ,labor shall publish1 in the ,federal ,register and on the website of the ,department of ,labor1 a notice announcing the adjusted salary rate 7or equivalent fee basis7 or adjusted amount of compensation1 respectively4 7#b7 ,nonapplicability of rulemaking requirements ,the provisions of section #eec of title #e1 ,united ,states ,code1 shall not apply to any notice required under this subsection4 7d7 ,penalties ,section #af7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#b77 is amended by inserting or section #aa7;c71 relating to the records that each employer is required to make1 keep1 and preserve1 after relating to wages14 7e7 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect on the date that is #a year after the first day of the first month that begins after the date of enactment of this ,act4