S0079B0054A03913 PWK:AAS 11/18/19 #90 A03913
AMENDMENTS TO SENATE BILL NO. 79
Sponsor: SENATOR BAKER
Printer's No. 54
Amend Bill, page 1, line 8, by striking out the period after
"definitions" and inserting
; providing for Federal compliance; and further providing for
exemptions.
Amend Bill, page 3, line 21, by striking out all of said line
and inserting
Section 2. The act is amended by adding a section to read:
Section 3.1. Federal Compliance.--The minimum wage and
overtime requirements under this act shall be applied in
accordance with the minimum wage and overtime provisions of the
Fair Labor Standards Act of 1938 (29 U.S.C. §§ 201-219) and the
regulations promulgated under the Fair Labor Standards Act of
1938, except when a higher standard is specified under this act
or regulations promulgated under this act.
Section 3. Section 5(a)(3), (4), (5) and (11) of the act are
amended and the section is amended by adding a subsection to
read:
Section 5. Exemptions.--(a) Employment in the following
classifications shall be exempt from both the minimum wage and
overtime provisions of this act:
* * *
[(3) Delivery of newspapers to the consumer;
(4) In connection with the publication of any weekly,
semiweekly, or daily newspaper with a circulation of less than
four thousand, the major part of which circulation is within the
county where published or counties contiguous thereto;]
(5) In a bona fide executive, administrative, or
professional capacity (including any employe employed in the
capacity of academic administrative personnel or teacher in
elementary or secondary schools) [or in the capacity of outside
salesman (as such terms are defined and delimited from time to
time by regulations of the secretary, except that an employe of
a retail or service establishment shall not be excluded from the
definition of employe employed in a bona fide executive or
administrative capacity because of the number of hours in his or
her workweek which he or she devotes to activities not directly
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or closely related to the performance of executive
administrative activities, if less than forty percent of his or
her hours worked in the workweek are devoted to such
activities);] or in the capacity of outside salesman, a highly
compensated employe, computer systems analyst, computer
programmer, software engineer or other similarly skilled worker;
* * *
[(11) In employment as a switchboard operator employed by an
independently owned public telephone company which has not more
than seven hundred and fifty stations;]
* * *
(d) The following shall apply to subsection (a)(5):
(1) When the classifications under subsection (a)(5) are
required to be compensated on a salary or fee basis in
accordance with the Fair Labor Standards Act of 1938 (29 U.S.C.
§§ 201-219) and 29 CFR Pt. 541 (relating to defining and
delimiting the exemptions for executive, administrative,
professional, computer and outside sales employees), as amended,
employers may use the payment of nondiscretionary bonuses,
incentives and commissions, paid annually or more frequently, to
determine up to ten percent of the salary or fee amount. An
employer may designate any fifty-two-week period in determining
annual payments. If an employer fails to designate in writing
the annual payment time period in advance, a calendar year will
apply.
(2) Effective January 1, 2023, the salary or fee basis under
paragraph (1) may be updated and delimited from time to time by
regulations of the secretary.
(3) The terms under subsection (a)(5) shall be defined in
accordance with the Fair Labor Standards Act of 1938 and 29 CFR
Pt. 541, as amended, except as otherwise provided under this act
or updated and delimited from time to time by regulations of the
secretary after the effective date of this section.
Section 4. This act shall take effect in 90 days.
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