Sec. 301. Penalty enhancements
1,090 words·~5 min read·
/bill/114/hr/5939/ih/section-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 10(c) of the National Labor Relations Act ( 29 U.S.C. 160(c) ) is amended by striking and inserting And provided further, . Provided further, That if the Board finds that an employer has committed a violation of section 8(a) that results in the discharge of an employee or other serious economic loss to an employee, the Board shall award the employee back pay and an additional amount as liquidated damages equal to 2 times the amount of such back pay, without any reduction (including any reduction based on the employee’s interim earnings or failure to earn interim earnings):
Provided further, Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 ) is amended by striking all that follows shall be and inserting fined under title 18, United States Code, or imprisoned for not more than three years, or both. . Section 16(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(a) ) is amended— by striking not more than six months and inserting not more than three years ; and by striking except for an offense and inserting except for an offense: that denies an employee more than $1,000 in minimum wages or overtime compensation, or both, in a 12-month period; that subjects such person to a civil penalty under subsection (e)(1)(A)(ii); or that is .
Section 17(e) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(e) ) is amended— by striking willfully and inserting knowingly ; by striking caused death to and inserting causes or significantly contributes to the serious illness or serious injury (as those terms are defined in section 519(b)(6) of the Federal Food, Drug, and Cosmetic Act) or death, of ; by striking punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both and inserting fined under title 18, United States Code, or imprisoned for not more than 10 years, or both ; and by striking such person, punishment shall be by a fine of not more than $20,000 or by imprisonment for not more than one year, or by both and inserting such employer, the employer shall be fined under title 18, United States Code, or imprisoned for not more than 20 years, or both .
Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) is amended by adding at the end the following: In addition to any disposition under section 11(c), any employer who violates section 11(c)(1) shall be punished as follows: For the first such violation, the employer shall be fined not more than $50,000. If the employer commits such a violation after receiving a penalty under paragraph (1), the employer shall be fined not less than $20,000 and not more than $200,000.
Paragraphs 1 and 2 notwithstanding, if such violation causes or significantly contributes to a serious illness or serious injury (as those terms are defined in section 519(b)(6) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360i )) or death, the employer shall be fined under title 18, United States Code, or imprisoned for not more than 10 years, or both. . Section 501 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1851 ) is amended— in subsection
(a)by striking not more than $1,000 or sentenced to prison for a term not to exceed one year, or both and inserting under title 18, United States Code, or imprisoned for not more than three years, or both ; and in subsection
(b)by striking not more than $10,000 or sentenced to prison for a term not to exceed three years, or both and inserting under title 18, United States Code, or imprisoned for not more than six years, or both . Section 110(d) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 820(d) ) is amended to read as follows: Whoever, being an operator, knowingly— violates a mandatory health or safety standard, or violates or fails or refuses to comply with any order issued under section 104 or section 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)), shall, upon conviction, be fined not more than $250,000, or imprisoned for not more than 1 year, or both, except that if the operator commits the violation after having been previously convicted of a violation under this paragraph and if, the operator knows or has reason to know that such subsequent violation has the potential to expose a miner to risk of serious injury, serious illness, or death, the operator shall, upon conviction, be fined not more than $1,000,000, or imprisoned for not more than 5 years, or both. Whoever, being an operator, knowingly— tampers with or disables a required safety device (except with express authorization from the Secretary), violates a mandatory health or safety standard, or violates or fails or refuses to comply with an order issued under section 104 or 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)), and thereby recklessly exposes a miner to significant risk of serious injury, serious illness, or death, shall, upon conviction, be fined not more than $1,000,000 or imprisoned for not more than 5 years, or both, except that if the operator commits the violation after having been previously convicted of a violation under this paragraph, the operator shall, upon conviction, be fined not more than $2,000,000, or imprisoned for not more than 10 years, or both. Whoever knowingly— with the intent to retaliate, interferes with the lawful employment or livelihood of a person, or the spouse, sibling, child, or parent of a person, because any of them provides information to an authorized representative of the Secretary, to a State or local mine safety or health officer or official, or to other law enforcement officer, in reasonable belief that the information is true and related to an apparent health or safety violation, or to an apparent unhealthful or unsafe condition, policy, or practice under this Act, or interferes, or threatens to interfere, with the lawful employment or livelihood of a person, or the spouse, sibling, child, or parent of a person, with the intent to prevent any of them from so providing such information, shall be fined under title 18 or imprisoned for not more than 5 years, or both. .
Connectionstraces to 7
Citation graph
cites case law
Sec. 301
Penalty enhancements
Cites 7Cited by 0 across 0 sources