[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 741 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 741
To amend the Fair Labor Standards Act of 1938 to provide that an
employee's ``regular rate'' for purposes of calculating overtime
compensation will not be affected by certain additional payments.
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IN THE HOUSE OF REPRESENTATIVES
February 2, 2023
Mr. Calvert 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 provide that an
employee's ``regular rate'' for purposes of calculating overtime
compensation will not be affected by certain additional payments.
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 ``Employee Bonus Protection Act''.
SEC. 2. REGULAR RATE FOR OVERTIME PURPOSES.
Section 7(e) of the Fair Labor Standards Act of 1938 is amended--
(1) by inserting before the semicolon at the end of
paragraph (3) the following: ``; or (d) the payments are made
to reward an employee or group of employees for meeting or
exceeding the productivity, quality, efficiency, or sales goals
as specified in a gainsharing plan, incentive bonus plan,
commission plan, or performance contingent bonus plan''; and
(2) by adding at the end the following:
``A plan described in clause (d) of paragraph (3) shall be in writing
and made available to employees, provided that the amount of the
payments to be made under the plan be based upon a formula that is
stated in the plan, and be established and maintained in good faith for
the purpose of distributing to employees additional remuneration over
and above the wages and salaries that are not dependent upon the
existence of such plan or payments made pursuant to such plan.''.
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