Fair Minimum Wage Act of 2012 - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $8.10 an hour on the first day of the third month after the enactment of this Act; (2) $8.95 an hour after one year; (3) $9.80 an hour after two years; and (4) the amount determined by the Secretary of Labor (based on increases in the Consumer Price Index) after three years, and annually thereafter.
Increases the federal minimum wage for tipped employees to $3.00 an hour for one year on the first day of the third month after the enactment of this Act. Provides a formula for subsequent annual adjustments of the wage increase to ensure that it remains equal to 70% of the wage in effect under FLSA for other employees.
Directs the Secretary of Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on the Department of Labor's website.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6211 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6211
To amend the fair Labor Standards Act of 1938 to provide for increases
in the minimum wage consistent with inflation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2012
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 Workforce
_______________________________________________________________________
A BILL
To amend the fair Labor Standards Act of 1938 to provide for increases
in the minimum wage consistent with inflation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Minimum Wage Act of 2012''.
SEC. 2. MINIMUM WAGE INCREASES.
(a) Minimum Wage.--
(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:
``(1) except as otherwise provided in this section, not
less than--
``(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;
``(B) $8.95 an hour, beginning 1 year after that
first day;
``(C) $9.80 an hour, beginning 2 years after that
first day; and
``(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);''.
(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:
``(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--
``(A) not less than the amount in effect under subsection
(a)(1) on the date of such determination;
``(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; and
``(C) rounded to the nearest multiple of $0.05.
``(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.''.
(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:
``(1) the cash wage paid such employee, which for purposes
of such determination shall be not less than--
``(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;
``(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--
``(i) $0.85; or
``(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; and
``(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''.
(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:
``(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.''.
(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Workforce Protections.
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