H.R.2070 - Sales Incentive Compensation Act107th Congress (2001-2002)
Text: H.R.2070 — 107th Congress (2001-2002)
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Introduced in House (06/06/2001)
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[Congressional Bills 107th Congress] [From the U.S. Government Printing Office] [H.R. 2070 Introduced in House (IH)] 107th CONGRESS 1st Session H. R. 2070 To amend the Fair Labor Standards Act of 1938 to exempt certain specialized employees from the minimum wage recordkeeping and overtime compensation requirements. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 6, 2001 Mr. Tiberi (for himself and Mr. Andrews) introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To amend the Fair Labor Standards Act of 1938 to exempt certain specialized employees from the minimum wage recordkeeping and overtime compensation requirements. 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 ``Sales Incentive Compensation Act''. SEC. 2. EXEMPTION. Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended-- (1) in paragraph (17), by striking the period and inserting ``; or''; and (2) by adding at the end the following: ``(18) any employee employed in a sales position if-- ``(A) the employee has specialized or technical knowledge related to products or services being sold; ``(B) the employee's sales are predominantly made to persons-- ``(i) to whom any employee occupying the sales position has made previous sales; or ``(ii) without the employee having initiated the sales contact; ``(C) the employee has a detailed understanding of the needs of those to whom the employee is selling; ``(D) the employee exercises discretion in offering a variety of products and services; ``(E) the employee receives-- ``(i) base compensation, determined without regard to the number of hours worked by the employee, of not less than an amount equal to one and one-half times the minimum wage in effect under section 6(a)(1) multiplied by 2,080; and ``(ii) additional compensation that is based upon each sale attributable to the employee; ``(F) the employee's additional compensation based upon sales attributable to the employee is not less than 40 percent of the amount described in subparagraph (E)(i); ``(G) the employee receives a rate of compensation based upon each sale attributable to the employee which is beyond sales required to reach the compensation required by subparagraph (F) which rate is not less than the rate on which the compensation required by subparagraph (F) is determined; and ``(H) the rate of base compensation described in subparagraph (E)(i) for any employee who did not work for an employer for an entire calendar year is prorated to reflect annual compensation which would have been earned if the employee had been compensated at the same rate for the entire calendar year;''. SEC. 3. RULE OF CONSTRUCTION. The amendments made by section 2 may not be construed to apply to individuals who are employed as route sales drivers. <all>