Bill Text
106th Congress (1999-2000)
H.R.3833.IH


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{title: 'THOMAS - Bill Text - H.R.3833', link: 'http://thomas.loc.gov/cgi-bin/query/z?c106:H.R.3833.IH:' }

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H.R.3833 -- To amend the Fair Labor Standards Act of 1938 to increase the minimum wage, and for other purposes. (Introduced in House - IH)

HR 3833 IH

106th CONGRESS

2d Session

H. R. 3833

To amend the Fair Labor Standards Act of 1938 to increase the minimum wage, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 6, 2000

Mr. SHIMKUS 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 increase the 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. MINIMUM WAGE.

    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) $5.15 an hour beginning September 1, 1997,

        `(B) $5.48 an hour during the year beginning April 1, 2000,

        `(C) $5.81 an hour during the year beginning April 1, 2001, and

        `(D) $6.15 an hour beginning April 1, 2002;'.

SEC. 2. EXEMPTION FOR COMPUTER PROFESSIONALS.

    Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by amending paragraph (17) to read as follows:

      `(17) any employee who is a computer systems, network, or database analyst, designer, developer, programmer, software engineer, or other similarly skilled worker--

        `(A) whose primary duty is--

          `(i) the application of systems or network or database analysis techniques and procedures, including consulting with users, to determine hardware, software, systems, network, or database specifications (including functional specifications);

          `(ii) the design, configuration, development, integration, documentation, analysis, creation, testing, securing, or modification of, or problem resolution for, computer systems, networks, databases, or programs, including prototypes, based on and related to user, system, network, or database specifications, including design specifications and machine operating systems;

          `(iii) the management or training of employees performing duties described in clause (i) or (ii); or

          `(iv) a combination of duties described in clauses (i), (ii), or (iii) the performance of which requires the same level of skills; and

        `(B) who, in the case of an employee who is compensated on an hourly basis, is compensated at a rate of not less than $27.63 an hour.

      For purposes of paragraph (17), the term `network' includes the Internet and intranet networks and the world wide web. An employee who meets the exemption provided by paragraph (17) shall be considered an employee in a professional capacity pursuant to paragraph (1);'.

SEC. 3. EXEMPTION FOR CERTAIN SALES EMPLOYEES.

    (a) AMENDMENT- Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)), as amended by section 2, is amended by adding at the end the following:

      `(18) any employee employed in a sales position if--

        `(A) the employee has specialized or technical knowledge related to products or services being sold;

        `(B) the employee's--

          `(i) sales are predominantly to persons or entities to whom the employee's position has made previous sales; or

          `(ii) position does not involve initiating sales contacts;

        `(C) the employee has a detailed understanding of the needs of those to whom the employee is selling;

        `(D) the employee exercises discretion in offering a variety of products and services;

        `(E) the employee receives--

          `(i) base compensation, determined without regard to the number of hours worked by the employee, of not less than an amount equal to one and one-half times the minimum wage in effect under section 6(a)(1) multiplied by 2,080; and

          `(ii) in addition to the employee's base compensation, compensation based upon each sale attributable to the employee;

        `(F) the employee's aggregate compensation based upon sales attributable to the employee is not less than 40 percent of one and one-half times the minimum wage multiplied by 2,080;

        `(G) the employee receives a rate of compensation based upon each sale attributable to the employee which is beyond sales required to reach the compensation required by subparagraph (F) which rate is not less than the rate on which the compensation required by subparagraph (F) is determined; and

        `(H) the rate of annual compensation or base compensation for any employee who did not work for an employer for an entire calendar year is prorated to reflect annual compensation which would have been earned if the employee had been compensated at the same rate for the entire calendar year;'.

    (b) CONSTRUCTION- The amendment made by subsection (a) may not be construed to apply to individuals who are employed as route sales drivers.

SEC. 4. EXEMPTION FOR FUNERAL DIRECTORS.

    Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)), as amended by section 3, is amended by adding after paragraph (18) the following:

      `(19) any employee employed as a licensed funeral director or a licensed embalmer.'.



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