Sec. 4. Civil penalty
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Section 16(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e) ) is amended— in paragraph (2)— by striking
(2)and inserting (2)(A) ; and by adding at the end the following: Any person who willfully violates section 6(d) shall be subject to— a civil penalty in an amount described in clause
(ii)for each employee affected (less the amount of any penalty the person has paid under State law for the wage differential involved); and any penalty that may apply under subparagraph (A). The amount referred to in clause (i)(I) shall be— for an employer with not more than 100 employees, the lesser of the amount of the liquidated damages available under subsection
(b)or (c), or $2,500; for an employer with not less than 101 and not more than 200 employees, the lesser of the amount of the liquidated damages available under subsection
(b)or (c), or $5,000; for an employer with not less than 201 and not more than 500 employees, the lesser of the amount of the liquidated damages available under subsection
(b)or (c), or $10,000; and for an employer with not less than 501 employees, the lesser of the amount of the liquidated damages available under subsection
(b)or (c), or $15,000. ; in paragraph (3), in the first sentence, by striking this subsection and inserting ‘‘this subsection (other than paragraph (2)(B)); and in paragraph (5)— in the first sentence, by striking violations of section 12 and inserting violations of section 6(d) or section 12 ; and by inserting after the first sentence the following: Civil penalties collected for violations of section 6(d) shall be deposited in the account created under section 5(d) of the GAP Act. .
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U.S. Code