,,ii #aaith ,,congress #b;d ,session ,s4 #deea ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ah1 #bjbf,mr4 ,sanders 7for himself1 ,mr4 ,schumer1 ,mr4 ,padilla1 ,mr4 ,schatz1 ,ms4 ,duckworth1 ,ms4 ,warren1 ,ms4 ,baldwin1 ,mrs4 ,murray1 ,mr4 ,markey1 ,mr4 ,whitehouse1 ,mr4 ,booker1 ,mr4 ,blumenthal1 ,mr4 ,fetterman1 ,ms4 ,cantwell1 ,mr4 ,murphy1 ,mr4 ,gallego1 ,mr4 ,wyden1 ,mr4 ,merkley1 ,mr4 ,durbin1 ,mr4 ,welch1 ,ms4 ,hirono1 ,mr4 ,kim1 ,ms4 ,alsobrooks1 ,mr4 ,reed1 ,mr4 ,lujn1 and ,ms4 ,blunt ,rochester7 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 a minimum salary threshold for bona fide executive1 administrative1 and professional employees exempt from ,federal overtime compensation requirements1 and automatically update such threshold each year1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,restoring ,overtime ,pay ,act of #bjbf4 #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 #bjbf1 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 weekly rate of the applicable annualized salary threshold under paragraph 7#b74 7#b7 ,salary threshold 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the applicable annualized salary threshold shall be-- 7i7 #de1jjj1 beginning on the effective date of the ,restoring ,overtime ,pay ,act of #bjbf2 7ii7 #ee1jjj1 beginning on ,january #a1 #bjbg2 7iii7 #fe1jjj1 beginning on ,january #a1 #bjbh2 7iv7 #ge1jjj1 beginning on ,january #a1 #bjbi2 and 7v7 beginning on ,january #a1 #bjcj1 an annualized amount that is equal to the rate of the #eeth percentile of weekly earnings of full-time salaried workers nationally1 as determined by the ,bureau of ,labor ,statistics based on data from the second quarter of #bjbi4 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 a rate that-- 7i7 is greater than the applicable annualized salary threshold under 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 #a year after the salary threshold first takes effect under subparagraph 7,a77v71 and annually thereafter1 or1 in the case in which the ,secretary establishes an increased salary threshold under subparagraph 7,b71 annually after establishing such increased salary threshold1 the ,secretary shall update the rate of the salary threshold in effect under subparagraph 7,a77v7 or 7,b71 as applicable1 so that such rate is equal to-- 7,i7 in the case in which the ,secretary does not establish an increased salary threshold under subparagraph 7,b71 the #eeth percentile of weekly earnings of full-time salaried workers nationally1 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 #eeth 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 ,section #eec of title #e1 ,united ,states ,code1 shall not apply to any update described in this subparagraph4 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 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 full-time salaried workers by census region 7as designated by the ,bureau of the ,census74 #c4 ,nonexempt duties limit for bona fide executive1 administrative1 or professional employees ,section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a771 as amended in section #b7;a77#a71 is further amended-- 7#a7 by striking of a retail or service establishment shall not and inserting shall2 7#b7 by striking because of and all that follows through administrative activities12 7#c7 by striking less than #dj and inserting not less than #bj2 and 7#d7 by striking such activities and inserting activities not directly or closely related to the performance of executive or administrative activities4 #d4 ,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