Sec. 103. Civil and criminal enforcement
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Section 15(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a) ) is amended— in paragraph (1), by striking section 6 or section 7 and inserting section 6, 7, or 8 ; and in paragraph (2), by striking section 6 or section 7 and inserting section 5, 6, 7, or 8 . The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended— in section 4(f) ( 29 U.S.C. 204(f) ), in the third sentence, by striking for unpaid minimum wages, or unpaid overtime compensation, and liquidated damages and inserting for unpaid wages, or unpaid overtime compensation, as well as interest and liquidated damages, ; 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 section 6 or section 7 each place it appears and inserting section 6, 7, or 8 ; by striking minimum each place it appears; in the first sentence, by striking and in an additional equal amount as liquidated damages and inserting , the amount of any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the second sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation ; 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, the amount of any interest on such wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 3 times the amount of such wages lost ; by striking the fifth 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 joint, class, or collective claim, in court under this section cannot be waived by an employee as a condition of employment or in a predispute arbitration agreement. in subsection (c)— by striking minimum each place the term appears; in the first sentence— by striking section 6 or 7 and inserting section 6, 7, or 8 ; and by striking and an additional equal amount as liquidated damages and inserting , any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation ; in the second sentence, by striking and an equal amount as liquidated damages. and inserting , any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to (subject to the third sentence of this subsection) 2 times such amount of unpaid wages or unpaid overtime compensation.
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, any interest on such wages lost accrued at the prevailing rate, an additional amount as liquidated damages that is equal to 3 times the amount of such wages lost, and any such legal or equitable relief as may be appropriate. ; and in the fourth sentence, by striking sections 6 and 7 and inserting section 6, 7, or 8 ; 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, 7, or 8, relating to wages, shall be subject to a civil fine that is not to exceed $22,030 per each employee affected for each initial violation of such section. Any person who repeatedly or willfully violates section 6, 7, or 8, relating to wages, shall be subject to a civil fine that is not to exceed $110,150 per each employee affected for each such violation. Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $12,340 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, any interest on such wages lost accrued at the prevailing rate, and an additional amount as liquidated damages that is equal to 2 times the amount of such wages lost, as described in subsection (b). ; by redesignating paragraphs (3), (4), and
(5)as paragraphs (5), (6), and (7), respectively; and by inserting after paragraph
(2)the following: Any person who violates subsection
(a)or
(b)of section 5 shall— for the initial violation of such subsection, be subject to a civil fine that is not to exceed $50 per each employee affected; and for each repeated or willful 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 initial violation, be subject to a civil fine that is not to exceed $1,000 per each employee affected; and for each repeated or willful 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 a person who willfully violates each of the following: Section 11(c) by falsifying any records described in such section. Section 6, 7, or 8, relating to wages. Section 15(a)(3). .
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Sec. 103
Civil and criminal enforcement
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