,i #aafth ,,congress #ast ,session ,h4 ,r4 #caig ,,in ,,the ,,house ,,of ,,representatives ,june #aa1 #bjai,mr4 ,takano 7for himself1 ,mr4 ,scott of ,virginia1 ,ms4 ,adams1 ,ms4 ,wilson of ,florida1 ,ms4 ,kaptur1 ,ms4 ,wasserman ,schultz1 ,ms4 ,schakowsky1 ,mr4 ,espaillat1 ,mr4 ,ryan1 ,ms4 ,waters1 ,mr4 ,pallone1 ,mr4 ,pascrell1 ,mr4 ,brendan ,f4 ,boyle of ,pennsylvania1 ,ms4 ,de,lauro1 ,mr4 ,serrano1 ,mr4 ,grijalva1 ,ms4 ,bonamici1 ,mr4 ,cummings1 ,mr4 ,de,saulnier1 ,ms4 ,omar1 ,mr4 ,pocan1 ,ms4 ,norton1 ,ms4 ,lee of ,california1 ,mr4 ,thompson of ,mississippi1 ,ms4 ,haaland1 ,ms4 ,jayapal1 ,mrs4 ,watson ,coleman1 ,mr4 ,raskin1 ,ms4 ,barragn1 ,mrs4 ,davis of ,california1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,sires1 ,mr4 ,levin of ,michigan1 ,mr4 ,khanna1 ,mr4 ,smith of ,washington1 ,ms4 ,tlaib1 ,mr4 ,beyer1 ,ms4 ,wild1 ,ms4 ,mucarsel-,powell1 ,mr4 ,kennedy1 ,mrs4 ,napolitano1 ,mr4 ,nadler1 ,mr4 ,cohen1 ,mr4 ,payne1 ,mr4 ,garca of ,illinois1 ,mr4 ,norcross1 and ,ms4 ,pressley7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to amend the ,fair ,labor ,standards ,act of #aich to establish a minimum salary threshold for bona fide executive1 administrative1 and professional employees exempt from ,federal overtime compensation requirements1 and automatically update such threshold every #c years4 #a4 ,short title ,this ,act may be cited as the ,restoring ,overtime ,pay ,act of #bjai4 #b4 ,minimum salary threshold for bona fide executive1 administrative1 and professional employees exempt from ,federal overtime compensation requirements 7a7 ,in general ,section #ac of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 by inserting subsection 7k7 and after subject to2 and 7,b7 by inserting 7except as provided under subsection 7k77#b77;,c77 after ,administrative ,procedure ,act2 and 7#b7 by adding at the end the following3 7k7 ,minimum salary threshold 7#a7 ,in general ,beginning on the effective date of the ,restoring ,overtime ,pay ,act of #bjai1 the ,secretary shall require that an employee described in subsection 7a77#a71 as a requirement for exemption under such subsection1 be compensated on a salary basis1 or equivalent fee basis1 within the meaning of such terms in subpart ,g of part #eda of title #bi1 ,code of ,federal ,regulations 7or any successor regulation71 at a rate per week that is not less than the salary threshold under paragraph 7#b74 7#b7 ,salary threshold 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the salary threshold shall be an amount that is equal to the #djth percentile of earnings of full-time salaried workers in the lowest-wage census region1 as determined by the ,bureau of ,labor ,statistics based on data from the second quarter of the calendar year preceding the calendar year in which such amount takes effect4 7,b7 ,increased threshold ,the ,secretary may establish1 through notice and comment rulemaking under section #eec of title #e1 ,united ,states ,code1 a salary threshold that is an amount that-- 7i7 is greater than the #djth percentile of earnings of the full-time salaried workers described in subparagraph 7,a72 and 7ii7 is calculated based on a data set and methodology established by the ,secretary that are capable of being updated in accordance with subparagraph 7,c74 7,c7 ,automatic updates 7i7 ,in general ,not later than #c years after the salary threshold first takes effect under subparagraph 7,a71 and every #c years thereafter1 or1 in the case in which the ,secretary establishes an increased salary threshold under subparagraph 7,b71 every #c years after establishing such increased salary threshold1 the ,secretary shall update the amount of the salary threshold in effect under subparagraph 7,a7 or 7,b71 as applicable1 so that such amount is equal to-- 7,i7 in the case in which the ,secretary does not establish an increased salary threshold under subparagraph 7,b71 the #djth percentile of earnings of full-time salaried workers in the lowest-wage census region1 as determined by the ,bureau of ,labor ,statistics based on data from the second quarter of the calendar year preceding the calendar year in which such updated amount is to take effect2 and 7,,ii7 in the case in which the ,secretary establishes an increased salary threshold under subparagraph 7,b71 the greater of-- 7aa7 the #djth percentile described in subclause 7,i72 and 7bb7 the increased salary threshold established under subparagraph 7,b71 as updated in accordance with the data set and methodology established by the ,secretary under subparagraph 7,b77ii74 7ii7 ,nonapplicability of rulemaking ,any update described in this subparagraph shall not be subject to the requirements of notice and comment rulemaking under section #eec of title #e1 ,united ,states ,code4 7,d7 ,notice requirement ,not later than #fj days before a revised salary threshold under this paragraph takes effect1 the ,secretary shall publish a notice announcing the amount in the ,federal ,register and on the internet website of the ,department of ,labor4 7#c7 ,duties test ,the ,secretary shall1 in addition to the requirement under paragraph 7#a71 continue to require employees to satisfy a duties test1 as prescribed by the ,secretary1 in defining and delimiting the terms described in subsection 7a77#a74 4 7b7 ,publication of earnings ,not later than #ba days after the end of each calendar quarter1 the ,bureau of ,labor ,statistics shall publish on its public website1 for each week of such quarter1 data on the weekly earnings of nonhourly1 full-time salaried workers by census region 7as designated by the ,bureau of the ,census74 7c7 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect on the first day of the third month that begins after the date of enactment of this ,act4