[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3728 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3728

   To amend the Fair Labor Standards Act of 1938 to provide for the 
 adjustment of the minimum wage rate and to provide a regional minimum 
                  wage option, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2019

Mr. Rooney of Florida introduced the following bill; which was referred 
                to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
   To amend the Fair Labor Standards Act of 1938 to provide for the 
 adjustment of the minimum wage rate and to provide a regional minimum 
                  wage option, 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 ``Fight for a Modern Minimum Wage 
Act''.

SEC. 2. AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938.

    (a) Minimum Wage Rate.--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) $8.50 an hour, beginning on January 1, 2020; 
                and
                    ``(B) beginning on the date that is 5 years after 
                the date under subparagraph (A), and quinquennially 
                thereafter, the amount determined by the Secretary 
                under subsection (h);''.
    (b) Wage Rate Adjustment and Regional Minimum Wage.--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 1 year before a new minimum wage rate 
determined under subsection (a)(1)(B) is to take effect, the Secretary 
shall determine the minimum wage rate to be in effect pursuant to this 
subsection for the subsequent 5-year period. The minimum wage rate 
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 Research Series Using 
        Current Methods, 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 Research Series Using Current Methods for the purposes of 
paragraph (1)(B), the Secretary shall compare such Consumer Price Index 
Research Series Using Current Methods 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 Research Series Using Current 
Methods for the same month in the last year in which the minimum wage 
rate under subsection (a)(1) was updated, the same quarter in such 
year, or such year, respectively.
    ``(i)(1) Notwithstanding subsection (a)(1), the wage rate in effect 
under subsection (a) for a State or locality shall be the regional 
minimum wage rate set by the Secretary for such State or locality under 
paragraph (2) with respect to such State or locality if--
            ``(A) such State or locality opts for such regional minimum 
        wage rate and notifies the Secretary; and
            ``(B) such regional minimum wage rate is not less than the 
        wage rate in effect under subsection (a)(1).
    ``(2)(A) Not later than 1 year before a new minimum wage rate 
determined under subsection (a)(1)(B) is to take effect, the Secretary 
shall determine the regional minimum wage rate for each State and 
locality under this subsection.
    ``(B) With respect to a State, the regional minimum wage rate shall 
be equal to--
            ``(i) the amount to take effect under subsection (a)(1)(B);
            ``(ii) adjusted by the percentage difference between the 
        most recent regional price parity with respect to such State 
        and the national price level, published by the Bureau of 
        Economic Analysis of the Department of Commerce; and
            ``(iii) rounded to the nearest multiple of $0.05.
    ``(C) With respect to a locality, the regional minimum wage rate 
shall be equal to--
            ``(i) the amount to take effect under (a)(1)(B);
            ``(ii) adjusted by the percentage difference between the 
        most recent regional price parity with respect to the 
        metropolitan statistical area in which such locality is 
        located, or if the locality is not located within a 
        metropolitan statistical area, with respect to the State in 
        which the locality is located, and the national price level, 
        published by the Bureau of Economic Analysis of the Department 
        of Commerce; and
            ``(iii) rounded to the nearest multiple of $0.05.
    ``(3) A locality may not opt for the regional minimum wage under 
paragraph (1)--
            ``(A) if such locality is located in a State with a law 
        that prohibits any locality within such State from adopting a 
        minimum wage rate that is higher than a specified rate; and
            ``(B) such specified rate is less than the regional minimum 
        wage rate for such locality determined by the Secretary under 
        paragraph (2).''.
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