No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2488 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2488
To provide for increases in the Federal minimum wage, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2023
Mr. Sanders (for himself, Mrs. Murray, Ms. Baldwin, Mr. Blumenthal, Mr.
Booker, Mr. Brown, Ms. Cantwell, Mr. Cardin, Ms. Duckworth, Mr. Durbin,
Mrs. Feinstein, Mr. Fetterman, Mrs. Gillibrand, Ms. Hirono, Mr. Kaine,
Ms. Klobuchar, Mr. Markey, Mr. Merkley, Mr. Murphy, Mr. Padilla, Mr.
Peters, Mr. Reed, Mr. Schatz, Ms. Smith, Ms. Stabenow, Mr. Van Hollen,
Ms. Warren, Mr. Welch, Mr. Whitehouse, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for increases in the Federal minimum wage, 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 ``Raise the Wage Act of 2023''.
SEC. 2. MINIMUM WAGE INCREASES.
(a) 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) $9.50 an hour, beginning on the effective
date under section 7 of the Raise the Wage Act of 2023;
``(B) $11.00 an hour, beginning 1 year after such
effective date;
``(C) $12.50 an hour, beginning 2 years after such
effective date;
``(D) $14.00 an hour, beginning 3 years after such
effective date;
``(E) $15.50 an hour, beginning 4 years after such
effective date;
``(F) $17.00 an hour, beginning 5 years after such
effective date; and
``(G) beginning on the date that is 6 years after
such effective date, and annually thereafter, the
amount determined by the Secretary under subsection
(h);''.
(b) Determination Based on Increase in the Median Hourly Wage of
All Employees.--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) Not later than each date that is 90 days before a new
minimum wage determined under subsection (a)(1)(G) is to take effect,
the Secretary shall determine the minimum wage to be in effect under
this subsection for each period described in subsection (a)(1)(G). The
wage determined under 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, if any, in the median hourly wage of all employees as
determined by the Bureau of Labor Statistics; and
``(C) rounded up to the nearest multiple of $0.05, if the
amount after applying subparagraphs (A) and (B) is not a
multiple of $0.05.
``(2) In calculating the annual percentage increase in the median
hourly wage of all employees for purposes of paragraph (1)(B), the
Secretary, through the Bureau of Labor Statistics, shall compile data
on the hourly wages of all employees to determine such a median hourly
wage and compare such median hourly wage for the most recent year for
which data are available with the median hourly wage determined for the
preceding year.''.
SEC. 3. TIPPED EMPLOYEES.
(a) Base Minimum Wage for Tipped Employees and Tips Retained by
Employees.--Section 3(m)(2)(A)(i) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to read as follows:
``(i) the cash wage paid such employee, which for purposes
of such determination shall be not less than--
``(I) for the 1-year period beginning on the
effective date under section 7 of the Raise the Wage
Act of 2023, $6.00 an hour;
``(II) $8.00 an hour, beginning 1 year after such
effective date;
``(III) $10.00 an hour, beginning 2 years after
such effective date;
``(IV) $12.00 an hour, beginning 3 years after such
effective date;
``(V) $13.50 an hour, beginning 4 years after such
effective date;
``(VI) $15.00 an hour, beginning 5 years after such
effective date;
``(VII) $17.00 an hour, beginning 6 years after
such effective date; and
``(VIII) for each succeeding 1-year period after
the increase made pursuant to subclause (VII), the
minimum wage in effect under section 6(a)(1); and''.
(b) Tips Retained by Employees.--Section 3(m)(2)(A) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is amended--
(1) in the second sentence of the matter following clause
(ii), by striking ``of this subsection, and all tips received
by such employee have been retained by the employee'' and
inserting ``of this subsection. Any employee shall have the
right to retain any tips received by such employee''; and
(2) by adding at the end the following: ``An employer shall
inform each employee of the right and exception provided under
the preceding sentence.''.
(c) Scheduled Repeal of Separate Minimum Wage for Tipped
Employees.--
(1) Tipped employees.--Section 3(m)(2)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)), as amended by
subsections (a) and (b), is further amended by striking the
sentence beginning with ``In determining the wage an employer
is required to pay a tipped employee,'' and all that follows
through ``of this subsection.'' and inserting ``The wage
required to be paid to a tipped employee shall be the wage set
forth in section 6(a)(1).''.
(2) Publication of notice.--Subsection (i) of section 6 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as added
by section 5 and amended by section 6(b)(1), is further amended
by striking ``or in accordance with subclause (II) or (III) of
section 3(m)(2)(A)(i),''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the date that is 1 day after the
date on which the hourly wage under subclause (VIII) of section
3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(m)(2)(A)(i)), as amended by subsection (a), takes
effect.
(d) Penalties.--Section 16 of the Fair Labor Standards Act of 1938
(29 U.S.C. 216) is amended--
(1) in the third sentence of subsection (b), by inserting
``or used'' after ``kept''; and
(2) in the second sentence of subsection (e)(2), by
inserting ``or used'' after ``kept''.
SEC. 4. NEWLY HIRED EMPLOYEES WHO ARE LESS THAN 20 YEARS OLD.
(a) Base Minimum Wage for Newly Hired Employees Who Are Less Than
20 Years Old.--Section 6(g)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(g)(1)) is amended by striking ``a wage which is not less
than $4.25 an hour.'' and inserting the following: ``a wage at a rate
that is not less than--
``(A) for the 1-year period beginning on the effective date
under section 7 of the Raise the Wage Act of 2023, $6.00 an
hour;
``(B) for each succeeding 1-year period until the hourly
wage under this paragraph equals 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) $1.75; or
``(ii) the amount necessary for the wage in effect
under this paragraph to equal the wage in effect under
section 6(a)(1) for such period; and
``(C) for each succeeding 1-year period after the increase
made pursuant to subparagraph (B)(ii), the minimum wage in
effect under section 6(a)(1).''.
(b) Scheduled Repeal of Separate Minimum Wage for Newly Hired
Employees Who Are Less Than 20 Years Old.--
(1) In general.--Section 6(g) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(g)), as amended by subsection (a),
shall be repealed.
(2) Publication of notice.--Subsection (i) of section 6 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as added
by section 5 and amended by sections 6(b)(1) and 3(c)(2), is
further amended by striking ``or subparagraph (B) or (C) of
subsection (g)(1)''.
(3) Effective date.--The repeal and amendment made by
paragraphs (1) and (2), respectively, shall take effect on the
date that is 1 day after the date on which the hourly wage
under subparagraph (C) of section 6(g)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by
subsection (a), takes effect.
SEC. 5. PUBLICATION OF NOTICE.
Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206),
as amended by section 2(b), 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 required wage determined under subsection (a)(1) or
subparagraph (B) or (C) of subsection (g)(1), or in accordance with
subclause (II) or (III) of section 3(m)(2)(A)(i) or section
14(c)(1)(A), the Secretary shall publish in the Federal Register and on
the website of the Department of Labor a notice announcing each
increase in such required wage.''.
SEC. 6. PROMOTING ECONOMIC SELF-SUFFICIENCY FOR INDIVIDUALS WITH
DISABILITIES.
(a) Wages.--
(1) Transition to fair wages for individuals with
disabilities.--Subparagraph (A) of section 14(c)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is amended to
read as follows:
``(A) at a rate that equals or exceeds, for each year, the
greater of--
``(i)(I) $5.00 an hour, beginning on the effective
date under section 7 of the Raise the Wage Act of 2023;
``(II) $7.50 an hour, beginning 1 year after such
effective date;
``(III) $10.00 an hour, beginning 2 years after
such effective date;
``(IV) $12.50 an hour, beginning 3 years after such
effective date;
``(V) $15.50 an hour, beginning 4 years after such
effective date; and
``(VI) the wage rate in effect under section
6(a)(1), beginning 5 years after such effective date;
or
``(ii) if applicable, the wage rate in effect on
the day before the date of enactment of the Raise the
Wage Act of 2023 for the employment, under a special
certificate issued under this paragraph, of the
individual for whom the wage rate is being determined
under this subparagraph,''.
(2) Prohibition on new special certificates; transition
assistance.--
(A) In general.--Section 14(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 214(c)) is amended by
adding at the end the following:
``(6) Prohibition on new special certificates.--
Notwithstanding paragraph (1), the Secretary shall not issue a
special certificate under this subsection to an employer that
was not issued a special certificate under this subsection
before the date of enactment of the Raise the Wage Act of 2023.
``(7) Transition assistance.--Upon request, the Secretary
shall provide--
``(A) technical assistance and information to
employers issued a special certificate under this
subsection for the purposes of--
``(i) assisting such employers to comply
with this subsection, as amended by the Raise
the Wage Act of 2023; and
``(ii) ensuring continuing employment
opportunities for individuals with disabilities
receiving a special minimum wage rate under
this subsection; and
``(B) information to individuals employed at a
special minimum wage rate under this subsection, which
may include referrals to Federal or State entities with
expertise in competitive integrated employment.''.
(B) Effective date.--The amendments made by this
paragraph shall take effect on the date of enactment of
this Act.
(3) Sunset.--Section 14(c) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 214(c)), as amended by paragraph (2), is
further amended by adding at the end the following:
``(8) Sunset.--Beginning on the day after the date on which
the wage rate described in paragraph (1)(A)(i)(VI) takes
effect, the authority to issue special certificates under
paragraph (1) shall expire, and no special certificates issued
under paragraph (1) shall have any legal effect.''.
(b) Publication of Notice.--
(1) Amendment.--Subsection (i) of section 6 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206), as added by
section 5, is amended by striking ``or section 14(c)(1)(A)''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the day after the date on which the wage
rate described in paragraph (1)(A)(i)(VI) of section 14(c) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as
amended by subsection (a)(1), takes effect.
SEC. 7. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall take effect on the first day of the
third month that begins after the date of the enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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