Overview
Title
To amend the Fair Labor Standards Act of 1938 and the Internal Revenue Code of 1986 to make certain modifications in relation to the minimum wage.
ELI5 AI
H.R. 9873, or the "American Stability Act," wants to make sure people earn at least $15 per hour and change how taxes work, so that people who earn more pay a bit extra, while those who earn less might have to pay less.
Summary AI
H.R. 9873, also known as the "American Stability Act," aims to amend the Fair Labor Standards Act of 1938 and the Internal Revenue Code of 1986. It primarily seeks to increase the federal minimum wage to $15 per hour, establish what is called a "stability wage," and provide rights and protections for employees receiving tips. Additionally, the bill plans to modify federal income tax brackets based on an "annualized stability wage" to adjust these brackets more closely to cost-of-living changes. It also introduces a surcharge tax on very high earners and creates an alternative tax cap for low-income individuals to alleviate their tax burden.
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AnalysisAI
The proposed legislation, identified as H.R. 9873, aims to amend the Fair Labor Standards Act of 1938 and the Internal Revenue Code of 1986. The overarching goal is to adjust the minimum wage in the U.S. and make corresponding tax code modifications. The bill, known as the "American Stability Act," addresses several key areas, including minimum wage increases, income tax modifications, and special provisions for low-income and tipped employees.
Summary of the Bill
The proposed legislation introduces a scheduled increase in the federal minimum wage, setting a new baseline of $15 per hour. Subsequent adjustments will ensure the minimum wage keeps pace with factors like inflation and the average earnings across the country. Tipped employees are directly affected as the bill mandates that they receive the standard minimum wage and retain their tips. For young workers, the bill eliminates a separate, lower minimum wage for employees under 20, and it upholds protections for workers with disabilities by removing special wage certificates that allow lower pay.
The tax code changes aim to adjust income tax brackets relative to a calculated "annualized stability wage," revising the structure of tax obligations for individuals and specific entities. Additionally, a new surcharge targets high earners, with special considerations for various taxpayer categories, including nonresident aliens and estates. The bill also introduces a capped tax rate for low-income individuals, potentially providing relief to qualifying taxpayers.
Summary of Significant Issues
A significant issue concerns the lack of detailed timelines or conditions for implementing minimum wage increases. Without precise guidance on how wage adjustments sync with economic indicators, there could be uncertainty for both employers and employees.
The repeal of the separate minimum wage for young workers introduces concerns regarding youth employment rates. Without any analysis showing how this might affect job opportunities for individuals under 20, policymakers and stakeholders lack data to evaluate its potential impact fully.
Income tax modifications toward using an "annualized stability wage" reflect complex calculations. This complexity may confuse taxpayers, creating potential for errors or non-compliance. Similarly, it introduces a surcharge with intricate calculations, raising transparency and fairness concerns, especially for those with high incomes.
The provisions for individuals with disabilities remove special wage certificates without robust transition support for affected organizations. This could disrupt existing employment arrangements without proper assistance to navigate the change.
Public Impact and Stakeholders
Broadly, the bill aims to bring about economic fairness by aligning wage increases with living costs and adjusting tax obligations accordingly. For the public, a higher minimum wage could potentially enhance living standards and reduce income inequality. However, businesses, particularly small ones, may face financial strain from increased payroll costs.
Tipped employees stand to benefit from clearer rights to retain their income, though compliance with new tip management rules may introduce challenges for employers who need to ensure proper employee communication.
Young workers may confront reduced job opportunities if employers scale back hiring due to increased labor costs associated with eliminating the lower-tier minimum wage.
Taxpayers, especially those with high incomes, might experience increased tax liabilities due to complex new surcharges. Meanwhile, low-income individuals could see relief from a capped tax rate, helping to mitigate financial burdens.
Organizations employing individuals with disabilities may face operational challenges without the ability to offer reduced wages, emphasizing the need for adaptive strategies from both employers and the workforce.
Overall, while the bill's intentions are to create a more equitable economic landscape, it presents several areas that require thoughtful consideration and potential adjustment to ensure the intended positive impacts outweigh challenges presented by its implementation.
Financial Assessment
The "American Stability Act," or H.R. 9873, introduces several significant financial modifications aimed at adjusting the federal minimum wage and revising income tax brackets. These changes have wide-reaching implications for both businesses and individuals.
Minimum Wage Adjustments
The bill proposes to raise the federal minimum wage to $15.00 per hour for the first calendar year after the Act's enactment. This change is set to be followed by annual increases that are calculated based on the lesser of a 10% rise or an increment to match a "stability wage." The stability wage is determined through a complex formula that considers the greater of average hourly earnings or a cost-of-living wage. This formulized approach is reflected in issues raised about the lack of detailed timelines for the "interval period," possibly complicating economic planning for businesses, especially small ones that might struggle with these escalated wage requirements.
Modification of Income Tax Brackets
The bill seeks to overhaul the tax brackets by tying them to the "annualized stability wage," which, essentially, is computed using the yearly stability wage. This adjustment intends to make tax brackets more reflective of evolving cost-of-living factors. Financially, this could translate to tax amounts more closely keeping pace with inflation and earning changes, but the methodology's complexity could lead to confusion among taxpayers and compliance challenges, as noted in the issues section.
Surcharge on High-Income Individuals
A new surcharge tax on high-income earners, estates, and trusts is also introduced. The surcharge comprises additional rates of 3% and 5% that kick in at various thresholds of modified adjusted gross income, associated with a multiple of the annualized stability wage. This surcharge's complexity, detailed in specific thresholds and calculations, poses potential transparency issues and could disproportionately affect certain taxpayer groups who might find it challenging to navigate these new requirements.
Alternative Maximum Tax for Low-Income Individuals
For low-income earners, the bill proposes an "alternative maximum tax." This is pegged to ensure that their total tax burden does not exceed 24.4% of their income over a "cost-of-living exemption," which is grounded in regional cost-of-living metrics. However, concerns are evident about this approach potentially neglecting regional cost disparities, leading to uneven tax liabilities for low-income taxpayers residing in varied states.
Earned Income Disallowance
The Act suggests an "earned income disallowance" for individuals calculating benefits' eligibility under means-tested programs. The disallowance is supposed to mitigate abrupt benefit discontinuation as wages increase. This consideration, while financially beneficial, is couched in complex legal language, which may result in misunderstandings and hinder eligible individuals from adequately accessing benefits.
Overall, while the "American Stability Act" proposes several financially grounded adjustments aimed at economic stabilization and fairness, the mechanisms through which it seeks to enforce these adjustments are layered and potentially cumbersome, magnifying the need for clarity and public comprehension to avoid widespread misunderstanding and compliance challenges.
Issues
The lack of detailed timelines or conditions for the 'interval period' under Section 101 complicates public understanding of how and when minimum wage adjustments will take place; this impacts economic planning for individuals and businesses, especially small businesses that may struggle to adapt to rapid wage increases.
The repeal of the separate minimum wage for newly hired employees under 20 in Section 103 may have significant implications for youth employment rates, yet lacks analysis or data supporting the impact of this change on young workers, potentially affecting their job opportunities.
The income tax modifications in Section 1, particularly the use of 'annualized stability wage' and complex formulas to establish tax brackets, may lead to confusion among taxpayers and could be seen as an overly intricate approach to tax adjustment, potentially prompting widespread misunderstanding and compliance challenges.
Section 2 introduces a surcharge on high-income individuals with complex computations and definitions that are difficult for the general public to understand, raising concerns about transparency and the potential financial burden on specific taxpayer groups.
Section 105 addresses promoting economic self-sufficiency for individuals with disabilities by amending special wage certificates without providing a transition plan or alternatives for organizations that employ individuals under the special certificate program, potentially causing significant operational and employment issues without adequate support.
Tipped employees in Section 102 face potential confusion over wage adjustments and compliance due to lack of clarity on oversight mechanisms ensuring employers inform employees of their rights and manage tip pooling effectively.
The introduction of an alternative maximum tax for low-income individuals in Section 3 uses cost-of-living metrics that may not fully account for regional cost disparities, potentially leading to inequitable tax liabilities for low-income taxpayers across different states.
The complexity of legal and financial language in Sections like 301 regarding 'earned income disallowance' could undermine public comprehension and trust in the legislative process, as well as create barriers to accessing benefits for those eligible.
There is a lack of specificity in Section 401 concerning the effective dates of the Act's provisions, which could lead to procedural uncertainty or delay the intended benefits or interventions, impacting the timely implementation of policy changes.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
This section introduces the "American Stability Act" and outlines its table of contents, which includes proposed changes to minimum wage, modifications to income taxes, earned income rules, and the effective date of the act.
101. Minimum wage increases Read Opens in new tab
Summary AI
The section amends the Fair Labor Standards Act of 1938 to increase the minimum wage to at least $15 per hour starting the year after the law is enacted, and then adjusts it annually based on certain economic factors until it equals the "stability wage" which takes into account average hourly earnings and cost of living. The "stability wage" will be the higher of several calculated wages, rounded to the nearest 5 cents, and is intended to ensure that the minimum wage keeps pace with inflation and earnings growth.
Money References
- (a) In general.—Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: “(1) except as otherwise provided in this section, not less than— “(A) $15.00 an hour for the first calendar year beginning after the date of enactment of the American Stability Act; “(B) for each calendar year during the interval period (as defined in subsection (g)), a minimum wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of— “(i) 10 percent; or “(ii) the amount necessary for the minimum wage to equal the stability wage for such calendar year; and “(C) for each calendar year that begins after the interval period, the stability wage for such calendar year.”.
- “(2) AVERAGE HOURLY EARNINGS WAGE.—The average hourly earnings wage for any calendar year shall be an amount equal to $20.00, multiplied by the ratio of— “(A) the average hourly earnings for the year preceding such calendar year, to “(B) the average hourly earnings for the year preceding the calendar year of the date of enactment of the American Stability Act. “
- (3) COST-OF-LIVING WAGE.—The cost-of-living wage for any calendar year shall be an amount equal to $20.00, multiplied by the ratio of— “(A) the CPI–U for the year preceding such calendar year, to “(B) the CPI–U for the year preceding the calendar year of the date of enactment of the American Stability Act.
102. Tipped employees Read Opens in new tab
Summary AI
Section 102 of the proposed changes to the Fair Labor Standards Act clarifies that tipped employees must be paid the standard minimum wage and have the right to keep all their tips, though tip pooling is allowed if employees typically receive tips. Additionally, the act includes penalties for employers who misuse employee tips, with these changes taking effect the January 1 after the law is passed.
103. Scheduled repeal of separate minimum wage for newly hired employees who are less than 20 years old Read Opens in new tab
Summary AI
The section states that the part of the Fair Labor Standards Act of 1938, which allows for a separate lower minimum wage for newly hired employees under 20 years old, will be repealed. This change will take effect on January 1 of the year following the law's enactment.
104. Publication of notice; technical assistance Read Opens in new tab
Summary AI
The section amends the Fair Labor Standards Act to require the Secretary of Labor to publish any increase in the minimum wage on the Department of Labor's website and in the Federal Register 60 days before it takes effect. It also mandates that the Secretary provide help to employers to follow the new rules and assist individuals with disabilities formerly earning a special minimum wage in finding competitive employment opportunities.
105. Promoting economic self-sufficiency for individuals with disabilities Read Opens in new tab
Summary AI
The section outlines changes to the Fair Labor Standards Act for individuals with disabilities by amending wage requirements to ensure they receive fair wages and stopping the issuance of new special certificates for paying subminimum wages. Additionally, it specifies that no special certificates will be legally valid after a specified future date.
1. Modification of income tax brackets based on annualized stability wage Read Opens in new tab
Summary AI
The text modifies how income tax brackets are calculated by linking them to an "annualized stability wage" and establishing new tax rates and bracket limits for different types of taxpayers, including individuals, married couples, heads of households, estates, and trusts. It also sets a requirement for the Secretary to publish tax tables annually by December 15, beginning in 2024, and makes adjustments to some related provisions in the tax code, with these changes taking effect for tax years starting after December 31, 2024.
Money References
- — (1) Section 1(f) of such Code is amended by striking all that precedes paragraph (3) and inserting the following: “(f) Publication of tax tables; retention of cost-of-Living adjustment for other provisions.— “(1) PUBLICATION OF TAX TABLES.—Not later than December 15 of 2024, and each subsequent calendar year, the Secretary shall publish tax tables which state the dollar amounts in effect under subsections (b) and (c) with respect to taxable years beginning in the succeeding calendar year.”.
- (3) Section 1(f) of such Code is amended by striking paragraphs (7) and (8) and inserting the following new paragraph: “(7) Rounding.—If any increase determined under section 63(c)(4), section 68(b)(2), or section 151(d)(4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.”
2. Surcharge on high income individuals, estates, and trusts Read Opens in new tab
Summary AI
The section introduces a new surcharge tax for high-income individuals, estates, and trusts, which applies in addition to existing taxes. This surcharge consists of additional percentages on modified adjusted gross incomes surpassing specific multiples of an "annualized stability wage" and involves various special rules and coordination with other tax provisions, taking effect for tax years starting after December 31, 2024.
Money References
- “(d) Special rules.— “(1) NONRESIDENT ALIEN.—In the case of a nonresident alien individual (other than an individual described in section 876(a) or 877(a)), only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. “(2) CITIZENS AND RESIDENTS LIVING ABROAD.—Each dollar amount which is applicable to any taxpayer under subsection (a) shall be decreased (but not below zero) by the excess (if any) of— “(A) the amounts excluded from the taxpayer’s gross income under section 911, over “(B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A).
1A. Surcharge on high income individuals, estates, and trusts Read Opens in new tab
Summary AI
The section describes a surcharge tax on the modified adjusted gross income of individuals, estates, and trusts, with rates of 3% and 5% applied to income exceeding certain thresholds based on the annualized stability wage. It also defines terms like "modified adjusted gross income" and "annualized stability wage" and outlines special rules for nonresident aliens, citizens living abroad, charitable trusts, and small business trusts.
Money References
- (2) CITIZENS AND RESIDENTS LIVING ABROAD.—Each dollar amount which is applicable to any taxpayer under subsection (a) shall be decreased (but not below zero) by the excess (if any) of— (A) the amounts excluded from the taxpayer’s gross income under section 911, over (B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). (3) CHARITABLE TRUSTS.—Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). (4) NOT TREATED AS TAX IMPOSED BY THIS CHAPTER FOR CERTAIN PURPOSES.—The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than sections 27 and 901) or for purposes of section 55. (5) ELECTING SMALL BUSINESS TRUSTS.—For purposes of the determination of adjusted gross income, section 641(c)(1)(A) shall not apply and all portions of any electing small business trust shall be treated as a single trust. (e) Regulations.—The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance to prevent the avoidance of the purposes of this section.
3. Alternative maximum tax for low-income individuals Read Opens in new tab
Summary AI
The section establishes an alternative maximum tax for individuals with low-income, capping their tax at 24.4% of their income above a certain threshold called the cost-of-living exemption. This exemption varies based on filing status, and the changes will apply to taxable years starting after December 31, 2024.
1B. Alternative maximum tax for low-income individuals Read Opens in new tab
Summary AI
In this section, the bill sets a limit on the tax rate for qualified low-income individuals to 24.4% of their income exceeding the cost-of-living exemption. It defines "qualified low-income individual" as someone whose income is less than twice the cost-of-living exemption and explains how to calculate this exemption based on factors like filing status and the Fair Labor Standards Act's cost-of-living wage.
301. Earned income disallowance Read Opens in new tab
Summary AI
In the Earned Income Disallowance section, it explains that under certain government assistance programs, a person's income may not be counted above a certain level for one or two years, depending on specific calculations related to the cost-of-living wage. This calculation helps certain individuals maintain eligibility for benefits despite earning more during these periods.
401. Effective date Read Opens in new tab
Summary AI
In Section 401, the bill specifies that unless stated otherwise, it and its changes will become effective on the first day of the third month following its enactment.