Sec. 103. Civil and criminal enforcement
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The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.), as amended by section 102, is further amended— in section 4(f) ( 29 U.S.C. 204(f) ), in the third sentence— by striking minimum ; and by striking and liquidated damages and inserting damages, and interest ; in section 6(d)(3) ( 29 U.S.C. 206(d)(3) ) by striking minimum ; in section 16 ( 29 U.S.C. 216 )— in subsection (b)— by striking minimum each place it appears; in the first sentence, by striking and in an additional equal amount as liquidated damages and inserting , an additional amount as damages that is equal to (subject to the second sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation, and the amount of any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate ; in the second sentence, by striking wages lost and an additional equal amount as liquidated damages and inserting wages lost, including any unpaid wages or any unpaid overtime compensation, an additional amount as damages that is equal to 3 times the amount of such wages lost, and the amount of any interest on such wages lost accrued at the prevailing rate ; by striking the fourth sentence; and by adding at the end the following:
Notwithstanding ; and chapter 1 of title 9, United States Code (commonly known as the Federal Arbitration Act ) or any other law, the right to bring an action, including a collective action, in court under this section cannot be waived by an employee as a condition of employment or in a pre-dispute arbitration agreement. in subsection (c)— by striking minimum each place the term appears; in the third sentence, by striking or liquidated ; in the first sentence, by striking and an additional equal amount as liquidated damages and inserting , an additional amount as damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation, and any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate ; and in the second sentence, by striking and an equal amount as liquidated damages. and inserting , an additional amount as damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation, and any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate.
In the event that the employer violates section 15(a)(3), the Secretary may bring an action in any court of competent jurisdiction to recover the amount of any wages lost, including any unpaid wages or any unpaid overtime compensation, an additional amount as damages that is equal to 3 times the amount of such wages lost, and any interest on such wages lost accrued at the prevailing rate. ; and in section 17 ( 29 U.S.C. 217 ), by striking minimum . Section 16(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e) ) is amended— by striking paragraph
(2)and inserting the following: Subject to subparagraph (B), any person who violates section 6 or 7, relating to wages, shall be subject to a civil fine that is not to exceed $2,000 per each employee affected for each initial violation of such section. Any person who repeatedly or willfully violates section 6 or 7, relating to wages, shall be subject to a civil fine that is not to exceed $10,000 per each employee affected for each such violation. ; and by adding at the end the following: Any person who violates subsection
(a)or
(b)of section 5 shall— for the first violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and for each subsequent violation of such subsection, be subject to a civil fine that is not to exceed $100 per each employee affected. Any person who violates section 11(c) shall— for the first violation, be subject to a civil fine that is not to exceed $1,000 per each employee affected; and for each subsequent violation, be subject to a civil fine that is not to exceed $5,000 per each employee affected. . Section 16(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(a) ) is amended— by striking Any person and inserting
(1)Any person ; in the first sentence, by striking $10,000 and inserting $10,000 per each employee affected ; in the second sentence, by striking No person and inserting Subject to paragraph (2), no person ; and by adding at the end the following: Notwithstanding any other provision of this Act, the Secretary shall refer any case involving a covered offender described in subparagraph
(B)to the Department of Justice for prosecution. A covered offender described in this subparagraph is an offender who willfully violates each of the following: Section 11(c) by falsifying any records described in such section. Section 6 or 7, relating to wages. Section 15(a)(3). .
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