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Bill
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Catching Up To 1968 Act of 2013

H.R. 1346 · 113th Congress · Mar 21, 2013 · Lineage

A BILL

To amend the Fair Labor Standards Act of 1938 to provide for an increase in the Federal minimum wage and to index future increases to such wage to increases in the consumer price index.

1. Short title

This Act may be cited as the “Catching Up To 1968 Act of 2013”.

2. Increases in the Federal minimum wage

(a)
Minimum wage— Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended—
(1)
in the matter preceding subparagraph (A), by striking “not less than—” and inserting “not less than the greater of—”;
(2)
by striking subparagraphs (A) through (C) and inserting the following:

“(A) $10.50 an hour; and

“(B) beginning 1 year after the wage provided for in subparagraph (A) takes effect and each year thereafter, the wage determined by the Secretary that raises the wage of the preceding year in proportion to the increase in the Consumer Price Index for all urban consumers for the preceding year, and maintains the wage of the previous year should the Consumer Price Index decrease.”

(b)
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 shall be 70 percent of the minimum wage in effect under section 6(a)(1); and”

(c)
Publication of wages— Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is further amended by adding after subsection (b) the following:

“(c) Not later than 60 days prior to the effective date of any increase in the minimum wage pursuant to subsection (a)(1)(B) or increase in the minimum wage for tipped employees in accordance with section 3(m)(1), the Secretary shall publish in the Federal Register and on the Internet website of the Department of Labor a notice announcing the adjusted required wage or wages.”

(d)
Amended Farmworker exemption— Section 13(a)(6) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(6)) is amended to read as follows:

“(6) any employee employed in agriculture if such employee is a member of the employer’s immediate family; or”

(e)
Elimination of home healthcare worker exemption— Section 13(a)(15) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(15)) is amended by striking “or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary)”.
(f)
Effective date— The amendments made by subsections (a) and (b) shall take effect 60 days after the date of enactment of this Act.