119-HR5048

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 5048

1. Short title
2. Right to full compensation
3. Penalties for wage theft

1. Short title

This Act may be cited as the "Don’t Stand for Taking Employed Americans’ Livings Act" or the "Don’t STEAL Act".

2. Right to full compensation

(a) In general - The Fair Labor Standards Act of 1938 is amended by inserting after section 7 (29 U.S.C. 207) the following:

8. Right to full compensation

(a) Compensation - —

(1) In general - Subject to section 7, an employer shall compensate an employee (who is described in subsection (b)) at a rate that is not less than the greater of—

(A) - the rate required by any contract, collective bargaining agreement, or other employment agreement (as such term is defined by the Secretary) that specifies how much such employer shall compensate such employee; or

(B) - the wage rate required under applicable Federal or State law.

(b) Employee Engaged In Commerce - The requirement under subsection (a) shall apply with respect to any employee who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce.

(b) Conforming amendment - Section 10 of the Fair Labor Standards Act of 1938 (29 U.S.C. 210) is repealed.

(c) Prohibited Acts - Section 15(a)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(2)) is amended by striking "or section 7" and inserting ", 7, or 8".

3. Penalties for wage theft

(a) Criminal penalties - Subsection (a) of section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended—

(1) - by striking "Any person" and inserting "(1) Except as provided by paragraph (2), any person";

(2) - by striking "subsection" each place it appears and inserting "paragraph"; and

(3) - by adding at the end the following:

(2) -

(A) - Any person who willfully violates section 3(m)(2)(B), 6, 7, or 8 of this Act, relating to wages, shall be—

(i) - in the case of a violation of section 3(m)(2)(B), 6, 7, or 8 relating to unpaid wages, or unpaid overtime compensation, in an amount greater than $1,000, fined in accordance with title 18, United States Code, imprisoned for not more than 5 years, or both; or

(ii) - in the case of a violation of section 3(m)(2)(B), 6, 7, or 8 relating to unpaid wages, or unpaid overtime compensation, in an amount equal to or less than $1,000, fined in accordance with title 18, United States Code, imprisoned for not more than 1 year, or both.

(B) - In determining the amount of a fine under subparagraph (A), the following factors shall be considered:

(i) - The gravity of the violation, including the number of employees affected and the value of the unlawfully kept wages.

(ii) - Whether the person charged has previously been convicted for a violation of section 3(m)(2)(B), 6, 7, or 8.

(iii) - The appropriateness of the penalty given the size of the business of the person convicted.

(b) Civil penalties - Section 16 of such Act is further amended—

(1) - in subsection (b), by striking "or section 7" each place it appears and inserting ", 7, or 8";

(2) - in subsection (c)—

(A) - by striking "or 7" and inserting ", 7, or 8"; and

(B) - by striking "and 7" and inserting ", 7, and 8"; and

(3) - in subsection (e), by striking "or 7" and inserting ", 7, or 8".

(c) Funds for Wage and Hour Division - Paragraph (5) of section 16(e) of such Act is amended—

(1) - by striking "12," and inserting "12 and fines collected under subsection (a)(2) of this section,"; and

(2) - by adding at the end the following: "Sums collected as fines under subsection (a)(2) shall be applied by the Wage and Hour Division of the Department of Labor to the costs of enforcing sections 3(m)(2)(B), 6, 7, and 8.".

(d) Effective date - The amendments made by this section shall apply with respect to violations of section 3(m)(2)(B), 6, 7, or 8 of the Fair Labor Standards Act of 1938 occurring on or after the date that is 90 days after the date of enactment of this Act.