Sales Incentive Compensation Act - Amends the Fair Labor Standards Act of 1938 to exempt from minimum wage recordkeeping and overtime compensation requirements any employee in a sales position, if: (1) the employee has specialized or technical knowledge related to products or services being sold; (2) the employee's sales are predominantly to persons who are entities to whom the employee has made previous sales or the employee's position does not involve initiating sales contacts; (3) the employee's position requires a detailed understanding of customers' needs and discretion in offering a variety of products and services; (4) the employee receives a base compensation at a specified minimum rate and additional compensation based on sales attributable to the employee; (5) the employee's aggregate compensation based upon sales reaches a specified minimum level; and (6) the rate of annual compensation or base compensation for an 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.
Makes this Act inapplicable to individuals employed as route sales drivers.
Rule H. Res. 461 passed House.
Considered under the provisions of rule H. Res. 461. (consideration: CR H4466-4475)
Rule provides for consideration of H.R. 2888 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in the bill. Measure will be considered read. Bill is open to amendments.
ORDER OF PROCEDURE - Mr. Goodling asked unanimous consent that during further consideration of the bill in the Committee of the Whole pursuant to H.Res. 461 after the legislative day of today no further debate or amendments to the committee amendment in the nature of a substitute shall be in order. Agreed to without objection.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 461 and Rule XXIII.
The Speaker designated the Honorable J. C. Watts Jr. to act as Chairman of the Committee.
DEBATE - The Committee of the Whole proceeded with one hour of debate.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Owens amendment, the Chair put the question and the noes had prevailed. Mr. Owens demanded a recorded vote pending the absence of a quorum. Pursuant to the provisions of H.Res. 461, the Chair postponed further proceedings on the amendment until later. The point of no quorum was considered withdrawn.
Committee of the Whole House on the state of the Union rises leaving H.R. 2888 as unfinished business.
Considered as unfinished business. (consideration: CR H4488-4491)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
UNFINISHED BUSINESS - The Chair announced the unfinished business to be the request for a recorded vote on the Owens of New York amendment which was postponed from yesterday. The amendment requires the employee's consent to work any hours in excess of forty in any workweek or eight hours in any day.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2888.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by recorded vote: 261 - 165 (Roll No. 228).
Roll Call #228 (House)On passage Passed by recorded vote: 261 - 165 (Roll No. 228).
Roll Call #228 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2888.
Received in the Senate and read twice and referred to the Committee on Labor and Human Resources.
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