A bill to amend the Fair Labor Standards Act of 1938 to restore the minimum wage to a fair and equitable rate, and for other purposes.
Minimum Wage Restoration Act of 1989 - Amends the Fair Labor Standards Act of 1938 to increase the Federal minimum wage per hour from $3.35 to: (1) $3.85 in 1990; (2) $4.25 in 1991; and (3) $4.65 in 1992 and thereafter.
Increases the small business exemption by revising the definition of an enterprise engaged in commerce for purposes of coverage under the Act ("the enterprise test"). Exempts from such coverage retail or service establishments whose annual gross volume of sales or business is less than $500,000 (currently $362,500), effective in 1989. Requires employers who were covered in 1988, but who are exempt under the new threshold, to continue to pay the $3.35 per hour minimum wage (and continue to be covered by overtime and child labor provisions of the Act).
Removes the Virgin Islands from coverage by provisions for special industry committee minimum wage determinations and orders, including those involving employment under special certificates for learners, apprentices, and messengers and for students. Adds references to American Samoa under such provisions (American Samoa is currently covered by references under other special minimum wage provisions). Removes references to Puerto Rico under such provisions, but continues and revises the special minimum wage treatment of Puerto Rico as follows: (1) in addition to designated types of employees (Federal, hotel, motel, restaurant, and food service) entitled to receive the full Federal minimum wage, employees in industries averaging $4.65 or more per hour would be so entitled; (2) employees in industries averaging from $4.00 to $4.64 per hour would receive the full rate in 1994 after a five-year of gradual increases; (3) employees in industries averaging less than $4.00 per hour would receive the full rate in 1995 after a six-year period of gradual increases; and (4) employees of the Commonwealth of Puerto Rico, or a municipality or other governmental entity of the Commonwealth, in categories averaging less than $4.00 per hour and covered by 1985 amendments to the Act, would receive the full rate in 1996 after a seven-year period of gradual increases.
Increases the tip credit under the Act from 40 percent to 45 percent for 1990 and to 50 percent for 1991 and thereafter. (The tip credit deems the amount paid to a tipped employee, for minimum wage purposes, to be increased by an amount determined by the employer, but not by an amount in excess of the specified percentage of the applicable minimum wage rate).
On motion to refer the bill and the accompanying veto message to the Committee on Education and Labor. Agreed to without objection.
Introduced in Senate
Read twice and referred to the Committee on Labor and Human Resources.
Committee on Labor and Human Resources requested executive comment from Department of Labor, and Office of Management and Budget.
Committee on Labor and Human Resources. Hearings held. Hearings printed: S.Hrg. 101-57.
Committee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy under the authority of the order of Mar 9, 89 with an amendment in the nature of a substitute. With written report No. 101-6. Additional and minority views filed.
Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy under the authority of the order of Mar 9, 89 with an amendment in the nature of a substitute. With written report No. 101-6. Additional and minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 27.
Measure laid before Senate by unanimous consent.
Considered by Senate.
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Considered by Senate.
Considered by Senate.
Motion to recommit to Senate Committee on Labor and Human Resources with instructions made in Senate.
Motion to recommit to Senate Committee on Labor and Human Resources rejected in Senate by Yea-Nay Vote. 43-56. Record Vote No: 38.
Roll Call #38 (Senate)Senate incorporated this measure in H.R. 2 as an amendment.
Senate passed companion measure H.R. 2 in lieu of this measure by Yea-Nay Vote. 62-37. Record Vote No: 39.
Roll Call #39 (Senate)Returned to the Calendar. Calendar No. 27.
Indefinitely postponed by Senate by Unanimous Consent.