Minimum Wage, Overtime Pay, and Child Labor: An Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act

Minimum Wage, Overtime Pay, and Child Labor: An Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act

Order Code RL32901
CRS Report for Congress
Received through the CRS Web
Minimum Wage, Overtime Pay, and Child Labor:
An Inventory of Proposals in the 109th Congress
to Amend the Fair Labor Standards Act
Updated November 8, 2006
William G. Whittaker
Specialist in Labor Economics
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress

Minimum Wage, Overtime Pay, and Child Labor:
An Inventory of Proposals in the 109th Congress
to Amend the Fair Labor Standards Act
Summary
The Fair Labor Standards Act (FLSA, 29 U.S.C. §§ 201-219) is the basic federal
statute dealing with minimum wages, overtime pay, child labor, and related issues.
Enacted in 1938, it has been modified through the years to take into account changing
workplace trends and to meet new worker and employer demands.
The act has undergone general amendment on eight separate occasions (1949,
1955, 1961, 1966, 1974, 1977, 1989, and 1996) in addition to numerous more
specific legislated changes. It has also been the subject of continuing administrative
rulemaking by the Department of Labor (DOL) — and has been the focus of
extensive litigation that has impacted the manner in which the act is applied.
The FLSA is divided roughly into three parts, corresponding to its subject areas:
minimum wage (Section 6), overtime pay (Section 7), and child labor (Section 12).
These are accompanied by a body of statutory exemptions or exceptions (Section 13).
Definitions appear in Section 3. Other sections deal with administration, penalties,
and related matters.
Nothing in the act requires that Congress revisit the statute. Amendment has
tended to respond to change in the value of the minimum wage. As the level of the
wage floor has eroded through inflation, Congress has revisited the FLSA and, while
addressing the wage rate, it has also, often, revised coverage patterns and modified
overtime pay and other requirements. Child labor, by and large (but with
exceptions), has been primarily the responsibility of the Secretary of Labor, operating
within general guidelines laid down by Congress.
Until recently, legislation to amend the FLSA had been free-standing — the
product of extended hearings. In 1996, that pattern shifted. The 1996 FLSA
amendments were adopted as a floor amendment to a broad proposal dealing with
business and related tax issues. As a result, some have come to view as a new pattern
a linkage of labor standards enhancement with sometimes unrelated benefits for
employers. Others argue that there is no inherent reason to tie FLSA amendments
to benefits for employers.
In the 109th Congress, it can be expected that further changes will be urged with
respect to the FLSA — some to increase worker protections and others, arguably, to
allow employers more flexibility by reducing them. This report will be updated to
reflect legislation introduced and/or enacted by the 109th Congress.

Contents
An Introduction to the FLSA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
The Federal Minimum Wage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Action of the 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
The Kennedy-Santorum Debate (March 2005) . . . . . . . . . . . . . . . . . . . 2
The Kennedy-Enzi Debate (October 2005) . . . . . . . . . . . . . . . . . . . . . . 3
The Kennedy-Frist-Enzi Debate (June 2006) . . . . . . . . . . . . . . . . . . . . 3
Consideration of the Labor, Health and Human Services,
and Education Appropriations Bill (2007) . . . . . . . . . . . . . . . . . . . 4
The Estate Tax and Extension of Tax Relief Act
of 2006 (H.R. 5970) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Action Proposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Overtime Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Action Proposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
In Order Proposed Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Child Labor Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Action Proposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
An Inventory of Legislative Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
List of Tables
Table 1. Minimum Wage Proposals of the 109th Congress . . . . . . . . . . . . . . . . . 10
Table 2. Overtime Pay Proposals of the 109th Congress . . . . . . . . . . . . . . . . . . . 16
Table 3. Child Labor Proposals of the 109th Congress . . . . . . . . . . . . . . . . . . . . 17
Table 4. Other Proposals that Deal with Subjects
Associated with the Fair Labor Standards Act . . . . . . . . . . . . . . . . . . . . . . . 18

Minimum Wage, Overtime Pay, and
Child Labor: An Inventory of Proposals
in the 109th Congress to Amend
the Fair Labor Standards Act
The Fair Labor Standards Act (FLSA, 29 U.S.C. §§ 201-219) is the basic federal
statute dealing with minimum wages, overtime pay, child labor, and related issues.
Almost immediately after its enactment in 1938, various Members of Congress
proposed its amendment to address worker and employer concerns. The act has now
undergone general amendment on eight separate occasions (1949, 1955, 1961, 1966,
1974, 1977, 1989, and 1996) in addition to numerous more specific legislated
changes in the statute. It has also been the subject of continuing administrative
rulemaking by the Department of Labor (DOL).
In the 109th Congress, further changes have been proposed — some to increase
worker protections and others, arguably, to allow employers more flexibility by
reducing them. This report will be updated, periodically, to reflect legislation
introduced and/or enacted by the 109th Congress.
An Introduction to the FLSA
When the federal wage and hour statute (the FLSA) was enacted in 1938, it was
not an especially new concept. Questions about minimum wages, overtime pay, child
labor, and related issues had been a central part of American (and world) labor policy
concerns for at least half a century. But only in the wake of the Great Depression
(beginning in 1929) was Congress able to forge a comprehensive federal measure that
would withstand judicial review while respecting the differing interests of employers
and workers.
The FLSA is divided roughly into three parts: minimum wage (Section 6),
overtime pay (Section 7), and child labor (Section 12). These are accompanied by
a body of statutory exemptions or exceptions (Section 13). Definitions appear in
Section 3. Other sections deal with administration, penalties, and related matters.
Enforcement (and interpretation) of the FLSA is a shared responsibility. On
occasion, the Congress has been precise about how the act should work. For
example, it provides a set statutory minimum wage: currently, $5.15 per hour.1 The
1 The individual states have often adopted state minimum wage standards that are in excess
of the federal statute, or that cover areas that are not covered by the federal enactment. In
(continued...)

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minimum wage remains at the statutory level until Congress takes action to alter it.
On the other hand, the Congress (in 1938, but the policy is continuing) mandated that
the minimum wage and overtime pay protections of the act “shall not apply with
respect to ... any employee employed in a bona fide executive, administrative, or
professional capacity ... as such terms are defined and delimited from time to time by
regulations of the Secretary.” Having so stated, the Congress moved on to other
issues — and, very largely, left the defining and delimiting up to the Secretary. (See
section below — “Overtime Pay.”) Other examples, on each side of the issue, may
be raised.
In defining the terms of the FLSA and making it applicable to individual
workplaces, the Department has, from time to time, issued opinion letters —
generally stating its perception of what Congress intended. Such letters can be
challenged (and sometimes are), or they can be a catalyst leading to further
congressional action.
The Federal Minimum Wage
The federal minimum wage is set in statute and remains at a fixed rate
(declining in value as price levels continue to rise) until changed through legislative
action. Although the general rate is currently $5.15 an hour, there are also a series
of sub-minima (or special treatments) for students, youth, persons with disabilities,
regularly tipped employees, and others. In addition, special consideration for small
businesses has been built into the act. For the most part, each of these sub-minima
is in some measure separate and apart from the general wage rate.2
In 1968, the federal minimum wage reached, in relative terms, its highest value:
$l.60 per hour. Had the rate been indexed to the equivalent or real purchasing power
of the dollar, its value in January 2006 would have been $9.05.3
Action of the 109th Congress
During early spring 2005, the Senate called up for consideration reform of
bankruptcy legislation (S. 256). As floor amendments to that bill, the Senate
considered two minimum wage proposals. (See Table 1.)
The Kennedy-Santorum Debate (March 2005). On March 3, 2005,
Senator Edward Kennedy proposed an amendment (S.Amdt. 44) that would have
raised the minimum wage, in steps, to $7.25 an hour beginning 24 months (and 60
1 (...continued)
such cases, the state standards, insofar as they are more protective of the worker, normally
take precedent.
2 For consideration of the various sub-minima, see CRS Report RL33401, The Fair Labor
Standards Act: Minimum Wage in the 109th Congress, by William G. Whittaker.
3 CRS Report RS20040, Inflation and the Real Minimum Wage: Fact Sheet, by Brian W.
Cashell.

CRS-3
days) after enactment of the legislation. In addition, the Kennedy proposal would
have applied the federal minimum wage, in steps, to the Commonwealth of the
Northern Mariana Islands (CNMI).4 The Kennedy proposal was defeated (46 ayes
to 49 nays) on March 7, 2005.5
On March 7, 2005, in connection with the amendments by Senator Kennedy,
Senator Rick Santorum introduced a more far-reaching proposal (S.Amdt. 128). It
would have (a) raised the minimum wage to $6.25 an hour, in steps, to have full
effect 18 months after enactment; (b) created a program of compensatory time as an
alternative to ordinary overtime pay; (c) created an enhanced small business
exemption; (d) altered the tip credit under the FLSA; and (e) provided a range of
arguably unrelated tax and other incentives for business. The Santorum proposal was
defeated (38 yeas to 61 nays) on March 7, 2005.6
The Kennedy-Enzi Debate (October 2005). On October 18, 2005,
Senator Kennedy reintroduced legislation that would have raised the minimum wage.
However, on this occasion, the Senator had modified the proposal to lower the rates
to $5.70 and to $6.25 respectively — the position that Senator Santorum had
proposed. Conversely, Senator Michael Enzi had entered a separate proposal that
included a lengthy program favored by management: flexible schedules, revision of
the “tip credit,” and various accounting provisions, among other items. As the
proposal came to a vote, Senator Christopher Bond raised a point of order that the
increase in the minimum wage that Senator Kennedy was advancing would be in
violation of the Congressional Budget Act of 1974 as an “unfunded mandate.” In
turn, Senator Kennedy raised a similar point of order on the Enzi amendment. As a
result, each proposal was defeated — not on its substance but, rather, on a point of
order.7
The Kennedy-Frist-Enzi Debate (June 2006). On June 19, 2006, during
consideration of the “National Defense Authorization Act for Fiscal Year 2007,”
Senator Kennedy proposed an amendment (S.Amdt. 4322) increasing the federal
minimum wage and making it applicable to the Commonwealth of the Northern
4 Congressional Record, Mar. 3, 2005, pp. S1979-S1980. Under the Covenant attaching the
Commonwealth of the Northern Mariana Islands to the United States (1975-1976),
jurisdiction over labor standards was mixed: overtime pay was to be governed by the United
States; minimum wage by the insular government. There may also have been (there appears
to be some dispute about this) an option for the United States to reclaim jurisdiction over
the minimum wage should conditions in the islands warrant. See CRS Report RL30235,
Minimum Wage in the Territories and Possessions of the United States: Application of the
Fair Labor Standards Act, by William G. Whittaker.
5 Congressional Record, Mar. 7, 2005, p. S2132.
6 Ibid., pp. S2132-S2133.
7 See Congressional Record, Oct. 18, 2005, pp. S11469-S11470, and Oct. 19, 2005, pp.
S11547-S11548. See also Daily Labor Report, Oct. 19, 2005, p. A10 and Oct. 20, 2005, p.
A15. One industry spokesperson noted: “... if an increase [in the minimum wage] appeared
inevitable, one way of softening the impact would be to include some pro-business measures
in the bill — like a corresponding increase in the deductibility of business meals.” See
Nation’s Restaurant News, Sept. 26, 2005, p. 77.

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Marianas Islands. At once, Senator William Frist proposed a second-degree
amendment (S.Amdt. 4323), relating to abortion, to the Kennedy amendment.
Subsequently, Senator Enzi proposed his own minimum wage amendment (S.Amdt.
4376) — though with a wage somewhat lower than that proposed by Senator
Kennedy and incorporating a variety of industry-related provisions.
Discussion followed and, with a compromise effected through Senator John
Warner, the parties were permitted to proceed. (a) The Frist amendment was allowed
to be withdrawn — which it was. (b) Senator Enzi would be allowed to proceed with
a first-degree amendment relating to the minimum wage. (c) No new amendments
were to be offered to either the original Kennedy amendment or to the subsequent
Enzi amendment. And (d) in the event that either amendment should not reach an
agreed-upon 60 affirmative votes, it would automatically be withdrawn.
Discussions and debate continued into June 21 and were followed by recorded
votes. Although the Kennedy amendment won a sufficient number of votes to have
passed (52 yeas to 46 nays), it fell short of the 60 votes required under the agreement
— and was automatically withdrawn. The Enzi amendment (with 45 yeas to 53
nays) was also withdrawn.8
Consideration of the Labor, Health and Human Services, and
Education Appropriations Bill (2007). During consideration of the
appropriations for the Departments of Labor, Health and Human Services, and
Education (2007) on June 13, 2006, by the Appropriations Committee, an
amendment was offered by Representative Steny Hoyer that would increase the
federal minimum wage to “not less than $5.85 an hour beginning on January 1, 2007,
not less than $6.55 an hour beginning on January 1, 2008, and not less than $7.25 an
hour beginning on January 1, 2009.” The Hoyer amendment — in committee — was
approved by a vote of 32 yeas to 27 nays and, thereafter, the measure was approved
by a voice vote.9 A floor vote may still need to be taken.
The Estate Tax and Extension of Tax Relief Act of 2006 (H.R. 5970).
On July 28, 2006, H.R. 5970 was introduced and, during the early evening of that
day, the bill was reported and was taken up by the House.
H.R. 5970 was a composite bill. It was composed of three units: (a) the Estate
Tax (or the so-called “death tax”), (b) the “tax extenders” — a lengthy series of tax
and/or credits largely (but not exclusively) related to business, and (c) an increase in
the minimum wage, in steps, to $7.25 per hour. Although there was substantial
debate about the bill, it was passed by a vote of 230 ayes to 180 nays.10
On August 3, 2006, the Senate took up the House-passed bill — now termed the
“trifecta” legislation because of its three somewhat diverse parts. At issue, initially,
8 Congressional Record, June 21, 2006, pp. S6203-S6204. See also Bureau of National
Affairs, Daily Labor Report, June 22, 2006, p. AA1.
9 See Bureau of National Affairs, Daily Labor Report, June 14, 2006, p. AA1.
10 Congressional Record, July 28, 2006, pp. H6220-H6221.

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was the matter of cloture. After extended debate, the bill was brought to a vote. The
vote on cloture was 56 ayes to 42 nays. The qualifying vote would have been 60
votes under the current cloture rules and, thus, the bill was not adopted.
Action Proposed
Senator Debbie Stabenow, on January 24, 2005, introduced S. 14, a composite
infrastructure and jobs bill, part of which would increase the minimum wage to $7.25
an hour 24 months (and 60 days) after enactment. The bill was referred to the
Committee on Finance. (See, also, Table 2 for overtime pay proposals.)
Representative Phil English, on March 3, 2005, introduced H.R. 1091, a bill
(a) to increase the minimum wage, in steps, to $6.50 beginning October 1, 2008, but
to increase the pattern of exemption to eliminate employers with nine or fewer
employees; (b) to allow for an altered small business exemption under the act; and
(c) to provide assorted business incentives unrelated to the minimum wage. The bill
was referred to the Committee on Ways and Means and to the Committee on
Education and the Workforce.
On May 11, 2006, Representative English introduced a second minimum wage
bill: H.R. 5368. The new bill would have increased the minimum wage, in steps, to
$7.50 an hour to take effect on October 1, 2009. However, the bill also proposed
new (or expanded) exemptions under the minimum wage and a series of incentives
for industry that were, arguably, unrelated to the minimum wage. The bill was
referred to the House Committee on Ways and Means and to the Committee on
Education and the Workforce.
On May 18, 2005, Senator Kennedy and Representative George Miller
introduced bills that would raise the federal minimum wage to $7.25 per hour (over
a period of years) and would amend treatment of the minimum wage in the
Commonwealth of the Northern Mariana Islands (S. 1062 and H.R. 2429,
respectively). The Miller bill was referred to the House committee on Education and
the Workforce and, on June 22, 2005, was referred to the Subcommittee on
Workforce Protections.11 The Kennedy proposal was placed on the Senate
Legislative Calendar under General Orders (Calendar No. 109).
See, also, S. 2357 (“The Right Time to Reinvest in America’s Competitiveness
and Knowledge Act”), introduced by Senator Kennedy — one part of which deals
with the minimum wage, raising the standard to $7.25 per hour 24 months (and 60
days) after enactment. The bill also contains a CNMI provision.
11 On Dec. 15, 2005, Rep. John Barrow introduced H.Res. 614, “Providing for consideration
of the bill (H.R. 2429) to amend the Fair Labor Standards Act of 1938 to provide for an
increase in the Federal minimum wage.” On Feb. 28, 2006, a motion was filed to discharge
the Rules Committee from consideration of H.Res. 614. In late May 2006, there were 188
signatures on the Discharge Petition.

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Representative Robert Andrews, on June 7, 2005, proposed the “Camp Safety
Act of 2005.” The bill would “condition the minimum-wage-exempt status of
organized camps under the Fair Labor Standards Act of 1938 on compliance with
certain safety standards....” The bill was referred to the House Committee on
Education and the Workforce and, on June 11, to the Subcommittee on Workforce
Protections.
Representative Sherwood Boehlert, on July 25, 2005, introduced the
“Minimum Wage Competitiveness Act of 2005.” The Boehlert bill would increase
the federal minimum wage, in steps, to $7.15 an hour beginning on January 1, 2007.
The bill also includes a provision raising the minimum wage of the CNMI in steps
until it reaches the federal (national) minimum wage. Sent to the House Committee
on Education and the Workforce, the bill was referred to the Subcommittee on
Workforce Protections.
Representative Darrell Issa, on September 13, 2005, introduced legislation
affecting the tip provisions under the minimum wage: H.R. 3732, the “Minimum
Wage Fairness Act of 2005.” Under current federal law, the employer of a tipped
employee is allowed to count a portion of tips received by the employee toward his
or her minimum wage, reducing the mandatory wage required to $2.13 per hour —
so long as the tip income brings an employee’s earnings to at least $5.15 per hour.
The Issa proposal would restructure the tip provisions of the FLSA. The bill was
referred to the Subcommittee on Workforce Protections.
On December 13. 2005, Representative Issa introduced H.R. 4505, the “Health
Care Incentive Act.” The act would require the Secretary of Labor to promulgate
rules through which minimum wages (both state and federal), in excess of the current
standard ($5.15 per hour), could be directed toward a program for various health care
services for minimum wage employees. The bill was referred to the Subcommittee
on Workforce Protections.
Senator Hillary Rodham Clinton, on May 4, 2006, introduced S. 2725, the
“Standing with Minimum Wage Earners Act of 2006,” which would raise the federal
minimum wage, in steps, to $7.25 per hour beginning 24 months (and 60 days) after
enactment. The bill includes an indexation formula: the minimum wage “... shall be
automatically increased for the year involved by a percentage equal to the percentage
by which the annual rate of pay for Members of Congress increased for such year....”
The bill was referred to the Committee on Health, Education, Labor, and Pensions.
Representative Al Green, on June 29, 2006, introduced H.R. 5731, a bill that
would provide “for the calculation of the minimum wage based on the Federal
poverty guidelines published by the Department of Health and Human Services.”
The bill was referred to the Committee on Education and the Workforce.

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Overtime Pay
In general, the overtime requirements of the FLSA call for a 40-hour workweek
— after which a worker must be compensated at not less than a rate of 1½ times his
or her regular rate of pay. No daily hours standard is provided, allowing for
flexibility within the context of a 40-hour week. Exceptions under the act are
technical and complex, but allow employers and their employees a variety of options
within the general requirements of the statute. However, generally, each week is
regarded as a unit: hours may not be moved from one week to the next without
payment of overtime rates for the week during which the time is counted (actually
worked). (See Table 2.)
Action Proposed
On March 31, 2003, DOL proposed a restructuring of the executive,
administrative, and professional (EAP) exemption under the act (29 C.F.R. Part 54l).
After a year of controversy, the new regulations, somewhat altered, went into effect
in late August 2004.12
Three bills of the 109th Congress propose a reversal of the Department’s action
and would index subsequent earnings levels for EAP coverage. These include
Senator Stabenow (the “Fair Wage, Competition, and Investment Act of 2005");
Senator Thomas Harkin (the “Overtime Rights Protection Act”); and Senator
Richard Durbin (the “Overtime Rights Protection Act”). Senator Harkin’s bill is
freestanding; those of Senators Stabenow and Durbin are composite bills. The
Harkin bill was referred to the Committee on Health, Education, Labor, and
Pensions. The Durbin bill was read the second time and placed on the Legislative
Calendar under General Orders (Calendar No. 80). Senator Stabenow’s bill was
referred to the Committee on Finance.
In Order Proposed Action
Under the premise that (a) there is a shortage of nurses for American hospitals,
(b) that those within the profession are often overworked, and (c) that such overwork
and extended hours of work have caused nurses to seek other (alternative)
professions, several bills have been introduced that would limit or restrict the hours
hospital nurses work.13
12 The Department of Labor’s proposal (now in place) carried two provisions. The first was
an increase in the earnings test for exemption. The second part was a duties test: i.e., did
those identified as executives, administrators, or professionals actually perform duties
befitting their exempt status? See CRS Report RL32088, The Fair Labor Standards Act:
A Historical Sketch of the Overtime Pay Requirements of Section 13(a)(1), by William G.
Whittaker.
13 The various bills, dealing with nursing, seek to amend the Social Security Act. While
each deals with hours of work, none appears to be directly related to FLSA.

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Senator Daniel Inouye has proposed S. 71, the “Registered Nurse Safe Staffing
Act of 2005,” which would “provide for patient protection by establishing minimum
nurse staffing ratios at certain Medicare providers.” Introduced January 24, 2005, the
bill was referred to the Committee on Finance.
Senator Kennedy and Representative Fortney Stark have introduced bills that
would amend the Social Security Act “to provide for patient protection by limiting
the number of mandatory overtime hours a nurse may be required to work” by certain
providers of services under the Medicare program. Each bill was titled the “Safe
Nursing and Patient Care Act of 2005.” The Kennedy bill (S. 351) was introduced
on February 10, 2005, and referred to the Committee on Finance. The Stark bill
(H.R. 791) was introduced on February 14, 2005, and referred to the Committee on
Energy and Commerce and to the Committee on Ways and Means.
Child Labor Legislation
Efforts to restrict or to regulate child labor date from the 19th century. After a
series of federal initiatives uniformly deemed unconstitutional, language dealing with
child labor was incorporated within the original FLSA of 1938.
Under current federal law, jurisdiction is divided between the Congress and the
Secretary of Labor.14 Congress has enacted very general standards under the FLSA;
but, on occasion, it has also written precise language governing the work of children
and youth. The Department, for its part, has established hazardous occupations orders
(both for industry and for agriculture), restricting the employment of child/youth
workers. These orders (HOs) currently affect workers in 11 fields of agriculture and
17 fields for industry.15
Action Proposed
Through the years, Congress has dealt with a variety of child labor issues. In the
109th Congress, several bills have been introduced. (See Table 3.)
Representative Mark Foley, on March 8, 2005, introduced H.R. 1142, the
“Child Modeling Exploitation Prevention Act.” The bill deals with the use of
children under 17 years of age “in the production of exploitive child modeling,” and
for related purposes. The bill was referred to the Committee on Education and the
Workforce, Subcommittee on Workforce Protections, and to the Committee on the
Judiciary.
14 States have often enacted statutes dealing with child labor. Where there is a conflict
between state and federal laws, the standards more nearly protective of children and youth
workers will normally take precedent.
15 See CRS Report RL32881, The Department of Labor’s New Rules for Working Children
and Youth: February 2005; and CRS Report RL31501, Child Labor In America: History,
Policy, and Legislative Issues, both by William Whittaker.

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Representative Tom Lantos, on June 13, 2005, introduced the “Youth Worker
Protection Act” (H.R. 2870). The bill is comprehensive. It deals with the general
employment of minors, work permits, restriction on hours of work, prohibition of
youth peddling, child labor in agricultural work, and mandates review and reporting
requirements. It was referred to the Committee on Education and the Workforce, and
to the Subcommittee on Workforce Protection.
Representative Lucille Roybal-Allard, on July 27, 2005, introduced H.R. 3482,
the “Children’s Act for Responsible Employment of 2005" (or the CARE Act). The
bill focuses upon child labor in agriculture — but deals with other child labor (and
child welfare) issues as well. The bill was referred to the Committee on Education
and the Workforce, and to the Subcommittee on 21st Century Competitiveness.
Representative Rosa DeLauro, with others, introduced H.R. 4190, the “Safe at
Work Act.” The bill is divided into two parts. First, the bill mandates that the
Secretary of Labor may not enter into any agreement to provide prior notice to an
employer before commencing an investigation or inspection. Second, it requires the
Comptroller General to conduct a study of violations of child labor laws (and to
include “allegations of” such violations) during the five-year period prior to the bill’s
enactment. A report would be made to the Congress. The bill was referred to the
House Committee on Education and the Workforce, and to the Subcommittee on
Workforce Protections.
Senator Larry Craig, on the assumption that federal law has not kept up with
changes in “home schooling,” introduced S. 1691, the “Home School Non-
Discrimination Act of 2005.” A roughly comparable bill was introduced in the
House by Representative Marilyn Musgrave (H.R. 3753). The Craig/Musgrave bills
deal broadly with home schooling. One provision would mandate that the Secretary
of Labor “shall extend” the permissible hours of work for home-schooled students
(14 to 16 years of age) beyond those already permissible for public school students.
The Craig bill was referred to the Committee on Finance; the Musgrave bill, to the
Committee on Education and the Workforce, Subcommittee on Education Reform,
and to the House Armed Services Committee.

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An Inventory of Legislative Proposals
In the 109th Congress, legislative proposals dealing with the minimum wage,
overtime pay, and child labor have taken a variety of forms. The tables that follow
provide a simple overview of the various initiatives, broken down by the three
general categories: minimum wage, overtime pay, and child labor. In some cases,
a particular bill will be listed in more than one table. A final table lists other bills
associated in some manner with the FLSA.
Table 1. Minimum Wage Proposals of the 109th Congress
(the federal minimum wage is now $5.15 per hour)
Increase Effective date for
Action
minimum
the final step
beyond
Other
Bill no.
Sponsor
to:
increase
referral
components
S.Amdt. 44
Kennedy
$7.25
To $5.85 on 60th
Defeated,
CNMI wage
day after
Mar. 7, 2005, componenta
enactment; to
46 yeas to 49
$6.55 one year
nays
(and 60 days)
later; and $7.25
two years (and 60
days) later
S.Amdt. 128 Santorum $6.25
To $5.70 six
Defeated,
Contains other
months after
Mar. 7, 2005, wage, unrelated
enactment; to
38 yeas to 61 industry
$6.25, one year
nays
components
and six months
after enactment
S.Amdt.
Kennedy
$6.25
To raise the
Defeated on
CNMI wage
2063
minimum wage, in point of
componenta
steps, to $6.25
order, Oct.
19, 2005: 47
yeas, 51 nays
S.Amdt.
Enzi
$6.25
To raise the
Defeated on
Contains other
2115
minimum wage, in point of
wage, unrelated
steps, to $6.25
order: Oct.
industry
19, 2005: 47 components
yeas, 52 nays
S.Amdt.
Kennedy
$7.25
To $5.85 on 60th
On June 21,
CNMI wage
4322
day after
2006,
componenta
enactment; to
amendment
$6.55 one year
withdrawn
(and 60 days)
(vote, 52
later; and $7.25
yeas to 46
two years (and 60 nays)
days) later

CRS-11
Increase Effective date for
Action
minimum
the final step
beyond
Other
Bill no.
Sponsor
to:
increase
referral
components
S.Amdt.
Enzi
$6.25
To raise the
On June 21,
Contains other
4376
minimum wage, in 2006,
wage, unrelated
steps, to $6.25
amendment
industry
withdrawn
components
(vote, 45
yeas to 53
nays)
H.Amdt.
Obey
$7.25
To raise the
On June 28,
—
1123
minimum wage, in 2006, on a
steps, to $5.85 on
motion by
Jan. 1, 2007, to
Rep. Wolf,
$6.55 on Jan. 1,
the Obey
2008, and to $7.25 motion was
beginning on Jan. declared to
1, 2009.
be out of
order.
H.Res. 614
Barrow
—
—
Provides for
—
consideration
of H.R. 2429
(Miller): to
House Rules
Committee,
subject of a
discharge
petition
H.R. 1091
English
$6.50
To $5.50, Oct. 1,
—
Amends the
2006; to $6.00,
small business
Oct. 1, 2007; and
exemption;
to $6.50, on Oct.
alters the
1, 2008
pattern of
minimum wage
coverage; and
provides
assorted
business
incentives
H.R. 2429
Miller,
To $5.85 on 60th
—
CNMI wage
George
day after
componenta
enactment; to
$6.55 one year
(and 60 days)
later; and $7.25
two years (and 60
days) later. (See
H.Res. 614,
above)

CRS-12
Increase Effective date for
Action
minimum
the final step
beyond
Other
Bill no.
Sponsor
to:
increase
referral
components
H.R. 2748
Andrews, —
—
—
Conditions
Robert
minimum-wage
exempt status of
camps upon
compliance with
certain safety
standards
H.R. 3413
Boehlert $7.15
To $6.00 on 60th
—
CNMI wage
day after
componenta
enactment; to
$6.75 on Jan. 1,
2006; and to $7.15
after Jan. 1, 2007
H.R. 3732
Issa
—
Would amend the —
—
manner in which
the “tip credit” is
calculated
H.R. 4190
DeLauro
—
—
—
Prevents Sec. of
Labor from
agreeing to
provide prior
notice before
start of
investigation
H.R. 4505
Issa
—
Allows employers —
—
to credit wages
above current
minimum wage
($5.15 per hour)
to mandatory
health care
services
H.R. 5368
English
$7.50
To increase the
—
Provides small
federal minimum
business tax
wage, in steps,
incentives,
until $7.50 is
limits minimum
reached on Oct. 1,
wage coverage
2009
to employers of
10 or more,
raises minimum
wage exemption
from $500,000
to $1 million for
the year ending
Sept. 30, 2008,
with other items

CRS-13
Increase Effective date for
Action
minimum
the final step
beyond
Other
Bill no.
Sponsor
to:
increase
referral
components
H.R. 5550
Miller,
Amount
Would raise the
Referred to
Deals with
(Relates to
George
equal to
insular minimum
committees, labeling of
CNMI)
the
wage to equal the
Resources,
products, trade
minimum FLSA minimum
Ways and
practices,
wage
wage as of Jan. 1, Means
immigration,
under the 2009
job training;
FLSA
mandates
certain studies
and other
considerations
H.R. 5731
Green, Al —
—
—
To provide for
calculation of
minimum wage
on basis of HHS
poverty
guidelines
H.R. 5787
Boehert
$7.15
To increase the
—
CNMI wage
federal minimum
component is
wage, in steps,
included a
until $7.15 is
reached one year
and 60 days after
enactment
H.R. 5917
Sodrel
—
—
—
Amends
Internal
Revenue Code
as it deals with
tips (gifts),
exempting
portions of such
tips from
various
employment-
related taxes
H.R. 5970
Thomas
$7.25
To increase the
Passed the
Bill contains
federal minimum
House on
multiple tax and
wage, in steps, to
July 28,
related items
$7.25 after June 1, 2006, vote of including the
2009
230 ayes to
“extenders” and
180 nays;
an inheritance
cloture
tax (or the so-
denied in
called “death
Senate, Aug. tax”).
3, 2006.

CRS-14
Increase Effective date for
Action
minimum
the final step
beyond
Other
Bill no.
Sponsor
to:
increase
referral
components
S. 14
Stabenow $7.25
To $5.85 on 60th
—
Part of a
day after
composite bill
enactment; to
on
$6.55 one year
infrastructure
(and 60 days)
and related
later; and $7.25
matters.
two years (and 60
days) later
S. 846
Durbin
$7.25
To $5.85 on 60th
—
Contains an
day after
overtime pay
enactment; $6.55
provision; also
twelve months
deals with
later; and $7.25 24
multiemployer
months after the
pension plans
60th day from
enactment. (On
Apr. 20, 2005,
placed on Senate
Legislative
Calendar under
General Orders:
Calender No. 80.)
S. 1062
Kennedy
$7.25
To $5.85 on 60th
—
CNMI wage
day after
componenta
enactment; to
$6.55 one year
(and 60 days)
later; and $7.25
two years (and 60
days) later. (On
May 19, 2005,
placed on the
Senate Legislative
Calendar under
General Orders:
Calendar No.
109.)
S. 2357
Kennedy
$7.25
To $5.85 on 60th
—
Composite bill
day after
with wage
enactment; to
provisions
$6.55 one year
added; contains
(and 60 days)
a CNMI
later; and $7.25
componenta
two years (and 60
days) later

CRS-15
Increase Effective date for
Action
minimum
the final step
beyond
Other
Bill no.
Sponsor
to:
increase
referral
components
S. 2725
Clinton
$7.25
To $5.85 on 60th
—
Contains an
day after
indexation
enactment; to
provision
$6.55 one year
(and 60 days)
later; and $7.25
two years (and 60
days) later
S. 3779
Boxer
—
—
—
Would link any
minimum wage
increase during
2006
(associated with
the Estate Tax,
etc.) to salaries
of Members of
Congress
S. 3829
Stabenow $7.25
To $5.58
—
Part of a
beginning the 60th
composite tax
day after
and
enactment, to
infrastructure
$6.55 twelve
bill
months later, and
to $7.25 24
months later.
a. The bill would extend federal minimum wage protection, in steps, to workers in the Commonwealth
of the Northern Mariana Islands (CNMI).

CRS-16
Table 2. Overtime Pay Proposals of the 109th Congress
Action
beyond
Other
Bill no.
Sponsor
referral
Impact
components
H.R. 791
Stark
—
Limits mandated
—
overtime for nurses
serving Medicare
patients, with other
related provisions
S. 14
Stabenow
—
Would reverse DOL
Part of a
overtime pay
composite bill
requirements for
on
executive,
infrastructure
administrative, and
and related
professional, inter alia
matters.
(a)
S. 71
Inouye
—
Limits mandated
—
overtime for nurses
serving Medicare
patients, with other
related provisions
S. 223
Harkin
—
Would reverse DOL
—
overtime pay
requirements for
executive,
administrative, and
professional, inter aliaa
S. 351
Kennedy
—
Limits mandated
—
overtime for nurses
serving Medicare
patients, with other
related provisions
S. 846
Durbin
—
Would reverse DOL
Contains
overtime pay
minimum wage
requirements for
requirements
executive,
administrative, and
professional, inter alia.
Placed on Legislative
Calendar under General
Orders. Calendar No.
80.a
a. The bill would impose restraints upon DOL’s authority, under Section 13(a)(1), to reduce the duties
requirements for overtime pay exemption, with other elements. For the future, the earnings
threshold of the act would be indexed. See CRS Report RL32088, The Fair Labor Standards
Act: A Historical Sketch of the Overtime Pay Requirements of Section 13(a)(1), by William G.
Whittaker.

CRS-17
Table 3. Child Labor Proposals of the 109th Congress
Action beyond
Bill no.
Sponsor
referral
Impact
H.R. 1142
Foley
—
To prohibit “exploitive child
modeling” involving persons
under 17 years of age
H.R. 2870
Lantos
—
A comprehensive overview of
child labor with restrictions
placed upon child workers:
school-to-work transition;
prohibition of youth peddling;
mandates reporting requirements;
and imposes certain other
restraints
H.R. 3482
Roybal-Allard
—
Focuses upon agricultural child
workers and their problems;
contains other implications as
well
H.R. 3753
Musgrave
—
Comprehensive home school bill;
suggests that “home schooled
students” (14 to 16 years of age)
be permitted to work longer than
hours worked by public school
students
H.R. 4190
DeLauro
—
Mandates a study by the Comp-
troller General of child labor
practices through the preceding
five-year period
S. 1691
Craig
—
Comprehensive home school bill;
suggests that “home schooled
students” (14 to 16 years of age)
be permitted to work longer than
hours worked by public school
students
S. 2357
Kennedy
—
Comprehensive bill (368 pp.)
that refers to restriction of child
labor and enforcement of
international recognized labor
standards dealing with child
labor

CRS-18
Table 4. Other Proposals that Deal with Subjects
Associated with the Fair Labor Standards Act
Bill no.
Sponsor
Action
Impact
beyond
referral
H.R. 4613
Velazquez
—
Would add to the FLSA a “Garment
Consumer’s Right-to-Know”
provision. Requires record-keeping
and reporting requirements in order to
eradicate sweatshops. Provides a
system of fines, other requirements.
H.R. 5635
Brown,
—
The “Decent Working Conditions and
Sherrod
Fair Competition Act.” Generally
prohibits international commerce in
prison-made or sweatshop-made
goods; provides a limited private right
of action; requires the federal
government to abstain from such
commerce.
H.R. 5998
Gutierrez
—
The “Federal Living Wage
Responsibility Act.” The federal
government “and any employer under
a federal contract for an amount
exceeding $10,000 (or a subcontract
under such a contract)” shall pay to
each employee an amount “not less
than the amount of the Federal poverty
level for a family of four” and an
additional amount “determined by the
Secretary ... sufficient to cover the
costs to such worker to obtain any
fringe benefits not provided by the
worker’s employer.” Certain small
businesses and nonprofits are
exempted. The proposal explains
enforcement/compliance policies.
S. 3485
Dorgan
—
The “Decent Working Conditions and
Fair Competition Act.” [This bill is
essentially the same as H.R. 5635,
above.]