HR 42
112th CONGRESS
1st Session
H. R. 42
To provide for a credit for certain health care benefits in determining
the minimum wage.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. ISSA introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To provide for a credit for certain health care benefits in determining
the minimum wage.
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 `Health Care Incentive Act'.
SEC. 2. MINIMUM WAGE CREDIT FOR HEALTH BENEFITS PROVIDED TO EMPLOYEES.
(a) Rulemaking- Not later than 180 days after the date of enactment of this
Act, the Secretary of Labor shall promulgate a rule requiring that, for any
employer engaged in interstate commerce that is required by Federal or State
law to pay a minimum wage at a rate that is higher than the minimum wage required
by section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a))
as in effect on September 1, 1997, such employer be permitted, in accordance
with regulations promulgated by the Secretary, to include the value of creditable
health care benefits provided by such employer to an employee in determining
the wage such employer is required to pay an employee. Such rule shall include
the following:
(1) CREDITABLE BENEFITS- The Secretary shall define the categories of health
care benefits provided by an employer to employees to be considered creditable
for purpose of this section, which shall include a contribution to a health
savings account or similar account.
(2) VALUATION- The Secretary shall establish a method for determining the
value of such health care benefits for purposes of such credit.
(3) REQUIRED MINIMUM VALUE- The Secretary shall determine a minimum value
of such benefits that an employer shall provide to an employee in order
to include any portion of such benefits as such a credit.
(4) MINIMUM CASH WAGE NOTWITHSTANDING CREDIT- In no case shall the credit
permitted by the rule promulgated under this section exceed the difference
between the minimum wage under section 6(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)) as in effect September 1, 1997, and the wage
rate otherwise applicable.
(b) Definitions- For purposes of the rule required under this section, the
terms `employer', `employee', and `wage' shall have the meanings given such
terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
END
