Sec. 4. Enforcement
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Section 16 of the Fair Labor Standards Act of 1938 is further amended— in subsection (b)— by inserting after the second sentence the following: An employer who violates subsections
(e)or
(f)of section 11 shall be liable to the affected employee for $50 for the initial pay period in which such a violation occurs and $100 per employee for each violation in a subsequent pay period, not to exceed an aggregate of $4,000 per employee. ; and by striking either of the preceding sentences and inserting any of the preceding sentences ; in subsection (e)— by redesignating paragraphs
(3)through
(5)as paragraphs
(4)through (6), respectively; and by inserting after paragraph
(2)the following: An employer who fails to make, keep, and preserve records as required by section 11(c), or fails to permit a current or former employee to inspect or copy records as required by section 11(a), shall be subject to a civil penalty of $750 per violation. ; and by adding at the end the following: The Secretary shall have the authority, in accordance with inflation, to periodically increase the amounts provided for in this section as penalties or recoverable in an action described in subsection (b). . Section 15 of such Act ( 29 U.S.C. 215 ) is amended by adding at the end the following: In the event that an employer fails to keep sufficient records as required by section 11(c) and any related regulations, the employee’s production of credible evidence and testimony regarding the amount and extent of the work for which the employee was improperly compensated shall be sufficient to create a rebuttable presumption that the employee’s records are accurate, consistent with the Supreme Court’s decision in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680 (1946)). .
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- 328 U.S. 680
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