Sec. 102. Enhancing child labor protections
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Section 12(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 212(b) ) is amended by adding at the end the following: In making investigations and inspections under section 11(a) with respect to the employment of minors, the Secretary may seek records related to any contractor or subcontractor at any tier of any person suspected of a violation of this section and may request any annual profit or loss statement of any such person or any contractor or subcontractor of such person. . Section 12(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 212 ) is amended— by striking No employer and inserting
(1)No employer ; and by adding at the end the following: No person shall produce, manufacture, or otherwise offer into commerce a good or service with respect to which an employer who is a contractor or subcontractor (at any tier) of the person employs oppressive child labor in the performance of the contract or subcontract for producing, manufacturing, or otherwise offering into commerce such good or service. A person shall not be in violation of subparagraph
(A)if the person— entered into a prime contract in a good faith reliance on a written assurance from the contractor that the contractor and any subcontractor at any tier of the contract would not employ oppressive child labor in the performance of the contract or subcontract for producing, manufacturing, or otherwise offering into commerce the good or service; had no notice that the employer described in subparagraph
(A)would employ oppressive child labor in such performance; and has taken meaningful and affirmative steps to ensure that all contractors and subcontractors of the person at any tier of the contract for such performance would not employ oppressive child labor in such performance. . Section 12(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 212(a) ) is amended— by striking thirty and inserting 180 ; and by striking and who acquired such goods for value without notice of any such violation, and inserting , who acquired such goods for value without notice of any such violation, and who has taken meaningful and affirmative steps to ensure that all producers, manufacturers, or dealers of the purchaser are in compliance with this section, . Unlawfully manufactured; child labor tags Section 12 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 212 ), as amended by section 101(b), is further amended by adding at the end the following: Unlawfully manufactured; child labor tags The Secretary shall have the authority, in accordance with a process determined by the Secretary through regulations, to affix to any goods produced by a person in violation of subsection
(c)a tag of not more than 6 inches in length bearing the words Unlawfully manufactured; child labor . No person (other than the Secretary, an authorized representative of the Secretary, or the consumer with respect to the goods) shall remove, alter, deface, or otherwise interfere with a tag affixed to goods under paragraph (1). . Section 12 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ), as amended by subsection (c), is further amended by adding at the end the following: Notwithstanding any other provision in this Act, for purposes of this section and any other provision in this Act administering or enforcing this section, the terms employer and person include a successor in interest of the employer or person, respectively. An employer or other person that is a successor in interest of another employer, or other person, in violation of this section shall be jointly and severally liable under this Act with such other employer or person, respectively, for such violation. In this subsection, the term successor in interest , with respect to an employer or other person, means any person who— uses substantially the same facilities or workers to offer substantially the same goods or services as the employer or other person; employs as a managing agent any individual who was responsible for wages, hours, or working conditions as the employer or other person; or has an owner, partner, officer, or director who is an immediate family member of an owner, partner, officer, or director of the employer or other person; and is in the same industry as the employer or other person. . Section 12(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 212(b) ), as amended by subsection (a)(1), is further amended— by striking The Secretary of Labor and inserting
(1)The Secretary of Labor ; and by adding at the end the following: In addition to the authority of the Secretary to bring an action under section 17 as described in paragraph (1), the Secretary may issue a stop work order to any person that the Secretary has found to be in violation of this section. Such stop work order may apply to one or more worksites of the person (without regard to whether all such worksites involve a violation of this section). A stop work order issued under this paragraph shall remain in effect until the person issued the order provides the Secretary with adequate evidence that the person is no longer in violation of this section. A person shall compensate any individual engaged to perform work for remuneration for the person and who does not perform such work as a result of a stop work order issued to the person under this paragraph. Such compensation shall be at the regular rate at which the individual is so engaged for all hours the individual would have worked but for the stop work order. For purposes of administration and enforcement of a violation of clause (i)— a violation of such clause shall be deemed a violation of section 6 and not a violation of this section; any amounts owing to an individual which have been withheld in violation of such clause shall be deemed to be unpaid minimum wages or unpaid overtime-time compensation under this Act; and any reference in section 16 to an employer or employee shall be deemed a reference to a person or an individual, respectively, without regard to whether the person or individual is an employer or employee, respectively. .
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