[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1377 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 1377
To amend the Fair Labor Standards Act of 1938 to better align certain
provisions of such Act with Federal disability laws and policies
intended to remove societal and institutional barriers to employment
opportunities for people with disabilities.
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IN THE HOUSE OF REPRESENTATIVES
March 7, 2017
Mr. Harper introduced the following bill; which was referred to the
Committee on Education and the Workforce
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A BILL
To amend the Fair Labor Standards Act of 1938 to better align certain
provisions of such Act with Federal disability laws and policies
intended to remove societal and institutional barriers to employment
opportunities for people with disabilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transitioning to Integrated and
Meaningful Employment Act of 2017''.
SEC. 2. DISCONTINUANCE OF SPECIAL CERTIFICATES FOR INDIVIDUALS WITH
DISABILITIES.
(a) No Issuance of New Special Certificates.--Beginning on the date
of enactment of this Act, the Secretary of Labor shall not issue any
new special certificates under section 14(c)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 214(c)(1)).
(b) Conditions for Renewal of Certificates.--Beginning on the date
of enactment of this Act, the Secretary of Labor shall not renew any
special certificate to an employer previously provided such a
certificate under section 14(c)(1) of the Fair Labor Standards Act of
1938 (29 U.S.C. 214(c)(1)) unless the employer provides, on an annual
basis, to the Secretary the following information:
(1) Individualized assessments of each employee paid
subminimum wages under any such special certificate, including
the wages earned, skills developed, and qualifications required
for employment with such certificate holder at or above minimum
wage for that year.
(2) Individualized assessments of the employee that
identify how obstacles related to the disability prevent each
employee paid subminimum wages from transitioning into
available job opportunities that pay at or above the minimum
wage and the resources provided to each such employee in order
to mitigate those disability-related obstacles.
(3) A transition plan for each such employee that includes
demonstrable benchmarks to facilitate the placement of each
such employee into employment opportunities that compensate for
work at or above the minimum wage.
(c) Publication.--The Secretary of Labor shall make the information
submitted under subsection (b) publicly available and updated on the
website of the Department of Labor. Such publicly available information
shall not include any personally identifiable information regarding any
employee who is the subject of the assessments and plans required under
such subsection or who is paid a subminimum wage pursuant to a special
certificate described in such subsection.
(d) Definitions.--As used in this Act--
(1) the term ``minimum wage'' means the minimum wage in
effect under section 6(a)(1) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(a)(1)); and
(2) the term ``subminimum wage'' means any wage paid to any
employee pursuant to a special certificate issued under section
14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
214(c)(1)) that is less than the minimum wage.
(e) Enforcement.--Any employer that continues to pay a subminimum
wage to an employee without meeting the conditions set forth in
subparagraph (b) shall be deemed to have violated a regulation or order
of the Secretary of Labor issued under section 14 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 214).
SEC. 3. REPEAL SPECIAL CERTIFICATE PROVISIONS.
Effective on the date that is 6 years after the date of the
enactment of this Act, subsection (c) of section 14 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 214(c)) is repealed, and any
outstanding special wage certificates issued under such subsection
shall be revoked.
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