S. 460 (113th): Fair Minimum Wage Act of 2013

The text of the bill below is as of Mar 5, 2013 (Introduced).

II

113th CONGRESS

1st Session

S. 460

IN THE SENATE OF THE UNITED STATES

March 5, 2013

(for himself,Ms. Mikulski,Mrs. Murray,Mr. Sanders,Mr. Casey,Mr. Franken,Mr. Whitehouse,Ms. Baldwin,Mr. Murphy,Ms. Warren,Mr. Leahy,Mr. Levin,Mr. Rockefeller,Mrs. Boxer,Mr. Wyden,Mr. Durbin,Mr. Reed,Mr. Schumer,Ms. Stabenow,Mr. Lautenberg,Mr. Brown,Ms. Klobuchar,Mr. Merkley,Mrs. Gillibrand,Mr. Blumenthal, andMr. Cowan) introduced the following bill; which was read twice and referred to theCommittee on Health, Education, Labor, and Pensions

A BILL

To provide for an increase in the Federal minimum wage.

1.

Short title

This Act may be cited as the Fair Minimum Wage Act of 2013 .

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)

$8.20 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 2013 Act;

(B)

$9.15 an hour, beginning 1 year after that first day;

(C)

$10.10 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 theSecretarypursuant tosubsection (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 undersubsection (a)(1)(D)is to take effect, theSecretaryshall 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 undersubsection (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 theBureau 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 ofparagraph (1)(B), theSecretaryshall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by theSecretaryprior 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 2013 , $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 undersection 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)

$0.95; or

(ii)

the amount necessary for the wage in effect under this paragraph to equal 70 percent of the wage in effect undersection 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 undersection 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 undersection 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 bysubsection (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 undersubsection (h)or required for tipped employees in accordance withsubparagraph (B)or(C) of section 3(m)(1), as amended by the Fair Minimum Wage Act of 2013 , theSecretaryshall publish in the Federal Register and on the website of theDepartment of Labora notice announcing the adjusted required wage.

.

(d)

Effective date

The amendments made bysubsections (a)and(b)shall take effect on the first day of the third month that begins after the date of enactment of this Act.