HR 9571
Living Wage for Federal Contractors Act
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Eleanor Holmes [D-DC-At Large] Norton
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119th CONGRESS — 2d Session
H. R. 9571
IN THE HOUSE OF REPRESENTATIVES
A BILL
To establish a minimum wage for all Federal contractors, and for other purposes.
This Act may be cited as the Living Wage for Federal Contractors Act
.
$17.00 per hour, for the 1-year period beginning on the first day of the third month that begins after the date of enactment of this Act;
$19.00 per hour, for the 1-year period beginning on the last day of the 1-year period described in paragraph (1);
for the succeeding 1-year period after the 1-year period described in paragraph (5), and for each 1-year period thereafter, the amount in effect under subsection (b) for such 1-year period.
the basic hourly rate of pay in effect on the date preceding such 1-year period; or
such rate of pay, multiplied by the ratio of—
the CPI–W of the preceding 1-year period, to
the CPI–W for the 1-year period immediately prior to such preceding 1-year period.
In this subsection, the term CPI–W means, when used with respect to a 1-year period, the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics, for the base period of such 1-year period.
Not later than the date on which the Secretary first determines the basic hourly rate of pay in effect under this subsection, the Secretary shall select the base period to be used for each 1-year period from the following:
The most recent month for which the CPI–W is available.
The most recent quarter so available.
The most recent year so available.
For employees covered under subsection (a) who are tipped employees (as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(t))), the basic hourly rate of pay that must be paid to such an employee shall be an amount equal to—
for the 1-year period beginning on the first day of the third month after the date of enactment of this Act, $13 per hour;
$25 per hour, for the 1-year period beginning on the last day of the 1-year period described in paragraph (4); and
for the 1-year period following the 1-year period described in paragraph (5), and for each 1-year period thereafter, the amount in effect under subsection (a)(6).
If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the workers who have not been paid the wages required under this Act, the workers have the right to bring a civil action and intervene against the contractor and the contractor’s sureties.
In an action brought under clause (iii) by a worker, it shall not be a defense that the worker accepted or agreed to accept wages less than the minimum amount established under this Act.
The total amount determined under subsection (a) or subsection (c) due to any employee engaged in the performance of a contract may be withheld from accrued payments due on the contract or on any other contract between the same contractor and the Federal Government. The amount withheld shall be held in a deposit fund. On order of the Secretary, the compensation found by the Secretary of Labor or the head of a Federal agency to be due an underpaid employee pursuant to this chapter shall be paid from the deposit fund directly to the underpaid employee.
No contract shall be awarded to persons appearing on the list or to any firm, corporation, partnership, or association in which the persons have an interest until three years have elapsed from the date of publication of the list.
In determining the amount of a penalty under clause (i), the appropriateness of such penalty to the size of the business of the party charged and the gravity of the violation shall be considered. The amount of any penalty under this subparagraph, when finally determined, may be—
deducted from sums owing by the United States to the party charged; or
recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor.
Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall issue such regulations as are necessary to carry out the purposes of this section.
In this section:
The term contract means any contract, subcontract (at any tier), or any contract-like instrument a Federal agency enters into for goods, services, or in connection with any activities on Federal lands.
The term employee means any worker performing work on or in connection with a contract, including any worker whose wages are calculated pursuant to special certificates issued under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), but such term does not include workers who are covered by—
section 3142 of title 40, United States Code; or
section 6704 of title 41, United States Code.
The term independent regulatory agency has the meaning given the term in section 3502(5) of title 44, United States Code.
the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there; or
The Living Wages for Federal Contractors Act.
The amendment by this section shall apply with respect to contracts entered into on or after the date of enactment of this Act.
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)and inserting
section 2(a) (or section 2(c), in the case of a tipped employee) of.The Living Wages for Federal Contractors Act
The amendment made by this section shall apply with respect to contracts entered into on or after the date of enactment of this Act.
not less thanand inserting the following:
The Living Wages for Federal Contractors Act.
The amendment made by this section shall apply with respect to contracts entered into on or after the date of enactment of this Act.