Bills Sec. 202 — Massive corporations

1938 Section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) ), as amended by section 201(a), is further amended by adding at the end the following: An employer shall also be responsible for the rights and protections of this Act with regard to an employee of a subsidiary of the employer, or subsidiary under a subsidiary, in any case where the subsidiary is responsible for the rights and protections of this Act for the employee. . Section 2(2) of the National Labor Relations Act ( 29 U.S.C. 152(2) ), as amended by section 201(b), is further amended by adding at the end the following:

An employer shall also be responsible for the rights and protections of this Act with regard to an employee of a subsidiary of the employer, or subsidiary under a subsidiary, in any case where the subsidiary is responsible for the rights and protections of this Act for the employee. . 1970 Section 3(5) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652(5) ), as amended by section 201(c), is further amended by adding at the end the following: An employer shall also be responsible for the rights and protections of this Act with regard to an employee of a subsidiary of the employer, or subsidiary under a subsidiary, in any case where the subsidiary is responsible for the rights and protections of this Act for the employee. . 1977 Section 4B of the Federal Mine Safety and Health Act of 1977, as added by section 201(d), is further amended by adding at the end the following:

An employer shall also be responsible for the rights and protections of this Act with regard to a miner of a coal or other mine who is an employee of a subsidiary of the employer, or subsidiary under a subsidiary, in any case where the subsidiary is responsible for the rights and protections of this Act for the miner. . Section 5(c) of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1803(c) ), as added by section 201(e), is further amended by adding at the end the following:

An entity shall also be responsible for the rights and protections of this Act with regard to an individual who is a migrant agricultural worker or seasonal agricultural worker employed by a farm labor contractor, agricultural employer, or agricultural association, that is a subsidiary of the entity, or a subsidiary under such a subsidiary, in any case where the subsidiary is responsible for the rights and protections of this Act for the migrant agricultural worker or seasonal agricultural worker. .

Section 3144b of title 40, United States Code, as added by section 201(f), is further amended by adding at the end the following: An entity shall also be responsible for the rights and protections of this subchapter with regard to a laborer or mechanic employed by a contractor or any subcontractor that is a subsidiary of the entity, or a subsidiary under such a subsidiary, in any case where the subsidiary is responsible for the rights and protections of this subchapter for the laborer or mechanic. .

Section 6701a of title 41, United States Code, as added by section 201(g), is further amended by adding at the end the following: An entity shall also be responsible for the rights and protections of this chapter with regard to a service employee of a contractor that is a subsidiary of the entity, or a subsidiary under such a subsidiary, in any case where the subsidiary is responsible for the rights and protections of this chapter for the service employee. . Section 6501b of title 41, United States Code, as added by section 201(h), is further amended by adding at the end the following:

An entity shall also be responsible for the rights and protections of this chapter with regard to an individual employed by a contractor that is a subsidiary of the entity, or a subsidiary under such a subsidiary, in any case where the subsidiary is responsible for the rights and protections of this chapter for the individual. . 1993 Section 101(4) of the Family and Medical Leave Act of 1993 ( 20 U.S.C. 2611(4) ), as amended by section 201(i), is further amended by adding at the end the following:

An employer shall also be responsible for the rights and protections of this Act with regard to an employee of a subsidiary of the employer, or subsidiary under a subsidiary, in any case where the subsidiary is responsible for the rights and protections of this Act for the employee. . Section 3306(w) of the Internal Revenue Code of 1986, as amended by section 201(j), is amended by adding at the end the following new paragraph: Paragraph

(6)of section 3(d) of such Act. . The amendment made by subparagraph

(A)shall apply to services rendered on or after January 1, 2022. 1938 Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ), as amended by section 102(a)(8)(C), is further amended by adding at the end the following: In any action or proceeding for a violation of this Act, the Secretary or court may also assess a civil penalty for such violation against an owner, director, officer, or managing agent of the employer if the Secretary or court determines, based on the particular facts and circumstances presented, that personal liability for the violation is warranted because the owner, director, officer, or managing agent— directed or committed the violation; established a policy that led to such a violation; or had actual or constructive knowledge of the violation, had the authority to prevent the violation, and failed to prevent the violation. The amount of, or range for, a civil penalty for a violation under paragraph

(1)shall, in any case where a similar civil penalty against the employer is established by law, be the amount or range for the civil penalty that may be assessed against the employer for such violation. . Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 ), as amended by section 102(b)(7)(B), is further amended by adding at the end the following: In any action or proceeding for a violation of this Act, the Board or court may also assess a civil penalty for such violation against an owner, director, officer, or managing agent of the employer if the Board or court determines, based on the particular facts and circumstances presented, that personal liability for the violation is warranted because the owner, director, officer, or managing agent— directed or committed the violation; established a policy that led to such a violation; or had actual or constructive knowledge of the violation, had the authority to prevent the violation, and failed to prevent the violation. The amount of, or range for, a civil penalty for a violation under paragraph

(1)shall, in any case where a similar civil penalty against the employer is established by law, be the amount or range for the civil penalty that may be assessed against the employer for such violation. . 1970 Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ), as amended by section 102(c)(7)(B), is amended by inserting after subsection

(k)the following: In any action or proceeding for a violation of this Act, including any standard, rule, regulation, or order promulgated pursuant to this Act, the Secretary or court may also assess a civil penalty for such violation against an owner, director, officer, or managing agent of the employer if the Secretary or court determines, based on the particular facts and circumstances presented, that personal liability for the violation is warranted because the owner, director, officer, or managing agent— directed or committed the violation; established a policy that led to such a violation; or had actual or constructive knowledge of the violation, had the authority to prevent the violation, and failed to prevent the violation. The amount of, or range for, a civil penalty for a violation under paragraph

(1)shall, in any case where a similar civil penalty against the employer is established by law, be the amount or range for the civil penalty that may be assessed against the employer for such violation. . 1977 Title I of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 820 ), as amended by section 102(d), is further amended by adding at the end the following: In any action or proceeding for a violation of this Act including any mandatory health or safety standard, rule, order, or regulation promulgated pursuant to this Act, the Secretary or court may also assess a civil penalty against an owner, director, officer, or managing agent of the operator or employer if the Secretary or court determines, based on the particular facts and circumstances presented, that personal liability for the violation is warranted because the owner, director, officer, or managing agent— directed or committed the violation; established a policy that led to such a violation; or had actual or constructive knowledge of the violation, had the authority to prevent the violation, and failed to prevent the violation. The amount of, or range for, a civil penalty for a violation under paragraph

(1)shall, in any case where a similar civil penalty against the employer is established by law, be the amount or range for the civil penalty that may be assessed against the employer for such violation. . Title V of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1851 et seq.), as amended by section 102(e)(5)(A), is further amended by inserting after section 504 the following: In any action or proceeding for a violation of this Act, including any regulation under this Act, by a farm labor contractor, agricultural employer, or agricultural association, the Secretary or court may also assess a civil penalty for such violation against an owner, director, officer, or managing agent of the farm labor contractor, agricultural employer, or agricultural association if the Secretary or court determines, based on the particular facts and circumstances presented, that personal liability for the violation is warranted because the owner, director, officer, or managing agent— directed or committed the violation; established a policy that led to such a violation; or had actual or constructive knowledge of the violation, had the authority to prevent the violation, and failed to prevent the violation. The amount of, or range for, a civil penalty for a violation under paragraph

(1)shall, in any case where a similar civil penalty against the employer is established by law, be the amount or range for the civil penalty that may be assessed against the employer for such violation. . Section 3144c of title 40, United States Code, as amended by section 102(f)(6), is further amended by adding at the end the following: In any action or proceeding for a violation of this subchapter, the Secretary of Labor or court may also assess a civil penalty for such violation against an owner, director, officer, or managing agent of the contractor or subcontractor if the Secretary or court determines, based on the particular facts and circumstances presented, that personal liability for the violation is warranted because the owner, director, officer, or managing agent— directed or committed the violation; established a policy that led to such a violation; or had actual or constructive knowledge of the violation, had the authority to prevent the violation, and failed to prevent the violation. The amount of, or range for, a civil penalty for a violation under paragraph

(1)shall, in any case where a similar civil penalty against the employer is established by law, be the amount or range for the civil penalty that may be assessed against the contractor or subcontractor for such violation. . Chapter 67 of title 41, United States Code, is amended— by redesignating sections 6705, 6706, and 6707 as sections 6706, 6708, and 6709, respectively; and by inserting after section 6706 the following: In any action or proceeding for a violation of this chapter, the Secretary or court may also assess a civil penalty for such violation against an owner, director, officer, or managing agent of the contractor if the Secretary or court determines, based on the particular facts and circumstances presented, that personal liability for the violation is warranted because the owner, director, officer, or managing agent— directed or committed the violation; established a policy that led to such a violation; or had actual or constructive knowledge of the violation, had the authority to prevent the violation, and failed to prevent the violation. The amount of, or range for, a civil penalty for a violation under paragraph

(1)shall, in any case where a similar civil penalty against the employer is established by law, be the amount or range for the civil penalty that may be assessed against the contractor for such violation. . Section 6506b of title 41, United States Code, as amended by section 102(g)(6), is further amended by adding at the end the following: In any action or proceeding for a violation of this chapter, the Secretary or court may also assess a civil penalty for such violation against an owner, director, officer, or managing agent of the contractor if the Secretary or court determines, based on the particular facts and circumstances presented, that personal liability for the violation is warranted because the owner, director, officer, or managing agent— directed or committed the violation; established a policy that led to such a violation; or had actual or constructive knowledge of the violation, had the authority to prevent the violation, and failed to prevent the violation. The amount of, or range for, a civil penalty for a violation under paragraph

(1)shall, in any case where a similar civil penalty against the employer is established by law, be the amount or range for the civil penalty that may be assessed against the contractor for such violation. . 1993 Section 107 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2617 ) is amended— by redesignating subsections

(e)and

(f)as subsections

(i)and (j), respectively; and by inserting after subsection

(d)the following: In any action or proceeding for a violation of this Act, the Secretary or court may also assess a civil penalty for such violation against an owner, director, officer, or managing agent of the employer if the Secretary or court determines, based on the particular facts and circumstances presented, that personal liability for the violation is warranted because the owner, director, officer, or managing agent— directed or committed the violation; established a policy that led to such a violation; or had actual or constructive knowledge of the violation, had the authority to prevent the violation, and failed to prevent the violation. The amount of, or range for, a civil penalty for a violation under paragraph

(1)shall, in any case where a similar civil penalty against the employer is established by law, be the amount or range for the civil penalty that may be assessed against the employer for such violation. . 1938 Section 16 of the Fair Labor Standards Act of 1938 ( 20 U.S.C. 216 ), as amended by subsection (b)(1), is further amended by adding at the end the following: In any action or proceeding for a violation of this Act, the 10 largest shareholders of an employer, as determined by the fair value for their beneficial interest as of the beginning of the period during which the violation occurred, shall— jointly and severally be personally liable for all violations of this Act and for all damages awarded and civil penalties assessed for violations of this Act; and notwithstanding subparagraph (A), be personally responsible for 10 percent of any damages, civil penalties, or other restitution or fees assessed against the employer for the violations, with the employer responsible for not more than 90 percent. An employer may not refund in any way any amounts paid by a shareholder under paragraph (1). . Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 ), as amended by subsection (b)(2), is further amended by adding at the end the following: In any action or proceeding for a violation of this Act, the 10 largest shareholders of an employer, as determined by the fair value for their beneficial interest as of the beginning of the period during which the violation occurred, shall— jointly and severally be personally liable for all violations of this Act and for all damages awarded and civil penalties assessed for violations of this Act; and notwithstanding subparagraph (A), be personally responsible for 10 percent of any damages, civil penalties, or other restitution or fees assessed against the employer for the violations, with the employer responsible for not more than 90 percent. An employer may not refund in any way any amounts paid by a shareholder under paragraph (1). . 1970 Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ), as amended by subsection (b)(3), is further amended by adding at the end the following: In any action or proceeding for a violation of this Act, including any standard, rule, regulation, or order promulgated pursuant to this Act, the 10 largest shareholders of an employer, as determined by the fair value for their beneficial interest as of the beginning of the period during which the violation occurred, shall— jointly and severally be personally liable for all violations of this Act and for all damages awarded and civil penalties assessed for violations of this Act; and notwithstanding subparagraph (A), be personally responsible for 10 percent of any damages, civil penalties, or other restitution or fees assessed against the employer for the violations, with the employer responsible for not more than 90 percent. An employer may not refund in any way any amounts paid by a shareholder under paragraph (1). . 1977 Section 118 of the Federal Mine Safety and Health Act of 1977, as added by subsection (b)(4), is further amended by adding at the end the following: In any action or proceeding for a violation of this Act, including any mandatory health or safety standard, rule, order, or regulation promulgated pursuant to this Act, the 10 largest shareholders of an operator of a coal or other mine, as determined by the fair value for their beneficial interest as of the beginning of the period during which such violation occurred, shall— jointly and severally be personally liable for all such violations, and for all damages awarded and civil penalties assessed for such violations; and notwithstanding subparagraph (A), be personally responsible for 10 percent of any damages, civil penalties, or other restitution or fees assessed against the operator for all violations, with the operator responsible for not more than 90 percent. An operator may not refund in any way any amounts paid by a shareholder under paragraph (1). . Section 505 of the Migrant and Seasonal Agricultural Worker Protection Act, as added by subsection (b)(5), is further amended by adding at the end the following: In any action or proceeding for a violation of this Act, including any regulation under this Act, the 10 largest shareholders of a farm labor contractor, agricultural employer, or agricultural association, as determined by the fair value for their beneficial interest as of the beginning of the period during which such violation occurred, shall— jointly and severally be personally liable for all violations of this Act, including any regulation under this Act, and for all damages awarded and civil penalties assessed for such violations; and notwithstanding subparagraph (A), be personally responsible for 10 percent of any damages, civil penalties, or other restitution or fees assessed against the farm labor contractor, agricultural employer, or agricultural association for all violations, with the farm labor contractor, agricultural employer, or agricultural association (respectively) responsible for not more than 90 percent. A farm labor contractor, agricultural employer, or agricultural association may not refund in any way any amounts paid by a shareholder under paragraph (1). . Section 3144c of title 40, United States Code, as amended by subsection (b)(6), is further amended by adding at the end the following: In any action or proceeding for a violation of this subchapter, the 10 largest shareholders of a contractor or subcontractor, as determined by the fair value for their beneficial interest as of the beginning of the period during which the violation occurred, shall— jointly and severally be personally liable for all violations of this subchapter, and for all damages awarded and civil penalties assessed for violations of this subchapter; and notwithstanding subparagraph (A), be personally responsible for 10 percent of any damages, civil penalties, or other restitution or fees assessed against the contractor or subcontractor for the violations, with the contractor or subcontractor responsible for not more than 90 percent. A contractor or subcontractor may not refund in any way any amounts paid by a shareholder under paragraph (1). . Section 6707 of title 41, United States Code, as amended by subsection (b)(7)(A), is further amended by adding at the end the following: In any action or proceeding for a violation of this chapter, the 10 largest shareholders of a contractor, as determined by the fair value for their beneficial interest as of the beginning of the period during which the violation occurred, shall— jointly and severally be personally liable for all violations of this chapter, and for all damages awarded and civil penalties assessed for violations of this chapter; and notwithstanding subparagraph (A), be personally responsible for 10 percent of any damages, civil penalties, or other restitution or fees assessed against the contractor for the violations, with the contractor responsible for not more than 90 percent. A contractor may not refund in any way any amounts paid by a shareholder under paragraph (1). . Section 6506b of title 41, United States Code, as amended by subsection (b)(8), is further amended by adding at the end the following: In any action or proceeding for a violation of this chapter, the 10 largest shareholders of a contractor, as determined by the fair value for their beneficial interest as of the beginning of the period during which the violation occurred, shall— jointly and severally be personally liable for all violations of this chapter, and for all damages awarded and civil penalties assessed for violations of this chapter; and notwithstanding subparagraph (A), be personally responsible for 10 percent of any damages, civil penalties, or other restitution or fees assessed against the contractor for the violations, with the contractor responsible for not more than 90 percent. A contractor may not refund in any way any amounts paid by a shareholder under paragraph (1). . 1993 Section 107 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2617 ), as amended by subsection (b)(9), is further amended by inserting after subsection

(e)the following: In any action or proceeding for a violation of this Act, the 10 largest shareholders of an employer, as determined by the fair value for their beneficial interest as of the beginning of the period during which the violation occurred, shall— jointly and severally be personally liable for all violations of this Act and for all damages awarded and civil penalties assessed for violations of this Act; and notwithstanding subparagraph (A), be personally responsible for 10 percent of any damages, civil penalties, or other restitution or fees assessed against the employer for the violations, with the employer responsible for not more than 90 percent. An employer may not refund in any way any amounts paid by a shareholder under paragraph (1). .

Sec. 202. Massive corporations