Sec. 101. Adjusting civil monetary penalties

542 words·~2 min read·/bill/118/hr/4440/ih/section-101

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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 (1)(A)— by striking not to exceed— and inserting as follows: ; by moving the margins for clauses

(i)and

(ii)4 ems to the left; in clause (i)— by striking $11,000 and inserting Not more than $150,000 but not less than $1,500 ; and by striking violation; or and inserting violation, which penalty may be doubled where the violation is a repeated or willful violation. ; and in clause (ii), by striking $50,000 and inserting Not more than $700,000 but not less than $7,000 ; and in paragraph (3), by striking charged and and inserting charged, the economic benefit of noncompliance, and . Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) is amended— in subsection (a), by striking Any and inserting the following: Civil penalties .— Any ; by redesignating subsection

(b)as subsection (a)(1)(B); by redesignating subsection

(d)as subsection (a)(1)(C); by redesignating subsection

(c)as subsection (a)(1)(D); by redesignating subsection

(i)as subsection (a)(1)(E); in subsection (f), by striking Any and inserting the following: Criminal penalties .— Any ; by redesignating subsection (f), as so amended, as subsection (b); by redesignating subsections (g), (h), and

(e)as subsections (b)(2), (b)(3), and (b)(4) respectively; and by redesignating subsections (j), (k), and

(l)as subsections (c), (d), and

(e)respectively. Section 17(a)(1) of the Occupational Safety and Health Act of 1970, as amended by paragraph (1), is further amended— in paragraph (1)— in subparagraph (A)— by striking $70,000 and inserting $700,000 ; by striking $5,000 and inserting $50,000 ; and by striking the word willful ; in subparagraph (B), by striking $7,000 and inserting $70,000, but not less than $7,000, ; and in subparagraph (C), by striking $7,000 and inserting $70,000, but not less than $7,000, ; and by adding at the end the following: If any significant violation caused or contributed to serious physical harm to an employee under 18 years of age, the minimum and maximum civil penalty otherwise allowed by paragraph

(1)shall be doubled for each such violation. If any significant violation caused or contributed to the death of an employee— the minimum and maximum civil penalty otherwise allowed by paragraph

(1)shall be doubled for each such violation; and in a case in which such employee was under 18 years of age, such civil penalty shall be trebled for each such violation. . Section 17(c) of the Occupational Safety and Health Act of 1970, as redesignated by paragraph (1), is further amended— by striking the first word and inserting ; and Assessment of penalties. —The by striking and the history and inserting the economic benefit of noncompliance, and the history . Section 17(d) of the Occupational Safety and Health Act of 1970, as redesignated by paragraph (1), is further amended— by striking For purposes of this section, the and inserting the following: Definitions .—For purposes of this section— The ; and by adding at the end the following: The term significant violation means— a serious, willful, or repeated violation; a failure to correct, as described in paragraph (1)(C), where the underlying violation was a serious, willful, or repeated violation. .