HR 5048
Don’t STEAL Act
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- Passed House
- Passed Senate
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Bill overview
The Don’t STEAL Act amends the Fair Labor Standards Act to increase penalties for wage theft. It establishes a right for employees to receive full compensation at rates meeting federal or state law, and clarifies that this applies to employees engaged in commerce or producing goods for commerce. The bill also increases criminal and civil penalties for employers who engage in wage theft, with fines and potential imprisonment for violations. Funds collected from these penalties will be used to support Wage and Hour Division enforcement efforts.
Key provisions
- Establishes a right for employees to receive compensation at the required rate (contract, collective bargaining agreement, or applicable law).
- Expands the definition of ‘employee engaged in commerce’ to include those producing goods for commerce.
- Increases criminal penalties for willful violations of wage and hour laws, with potential fines and imprisonment.
- Increases civil penalties for wage theft violations.
- Directs funds collected from penalties to support Wage and Hour Division enforcement.
- Specifies factors to be considered when determining the amount of fines for wage theft.
- Sets an effective date for the new penalties 90 days after the bill’s enactment.
Who is affected
- Employers
- Employees
- Wage and Hour Division of the Department of Labor
- Businesses engaged in commerce
Notable changes
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Becca [D-VT-At Large] Balint
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119th CONGRESS — 1st Session
H. R. 5048
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Fair Labor Standards Act of 1938 to provide for increased criminal and civil penalties for wage theft.
This Act may be cited as the Don’t Stand for Taking Employed Americans’ Livings Act Don’t STEAL Act
or the
.
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—
the wage rate required under applicable Federal or State law.
Section 10 of the Fair Labor Standards Act of 1938 (29 U.S.C. 210) is repealed.
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
.
by striking Any person
and inserting (1) Except as provided by paragraph (2), any person
;
by striking subsection
each place it appears and inserting paragraph
; and
by adding at the end the following:
Any person who willfully violates section 3(m)(2)(B), 6, 7, or 8 of this Act, relating to wages, shall be—
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
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.
In determining the amount of a fine under subparagraph (A), the following factors shall be considered:
The gravity of the violation, including the number of employees affected and the value of the unlawfully kept wages.
Whether the person charged has previously been convicted for a violation of section 3(m)(2)(B), 6, 7, or 8.
The appropriateness of the penalty given the size of the business of the person convicted.
Section 16 of such Act is further amended—
in subsection (b), by striking or section 7
each place it appears and inserting , 7, or 8
;
in subsection (c)—
or 7and inserting
, 7, or 8; and
by striking and 7
and inserting , 7, and 8
; and
in subsection (e), by striking or 7
and inserting , 7, or 8
.
by striking 12,
and inserting 12 and fines collected under subsection (a)(2) of this section,
; and
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.
.
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.