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Code · BILL · 118th Congress · S. 4038 (Introduced in Senate) — To amend the Fair Labor Standards Act of 1938 to strengthen the provisions relating to child labor, and for other pur... · Sec. 201

Sec. 201. Increased civil penalties for child labor violations

353 words·~2 min read·/bill/118/s/4038/is/section-201

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Section 16(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e)(1) ) is amended— in subparagraph (A)— in the matter preceding clause (i), by striking not to exceed and inserting of an amount (subject to subparagraph (D)) that is ; and by striking clauses
(i)and
(ii)and inserting the following: not less than $1,000 and not more than $156,290 for each worker who was the subject of such a violation, which penalty may be doubled in the case of a violation described in subparagraph (C); or not less than $1,000 and not more than $710,310 with regard to each violation of section 12 or 13(c), relating to child labor, or any regulation issued pursuant to such a section, that causes the death or serious injury of any worker younger than the age of 18 years, which penalty may be doubled in the case of a violation described in subparagraph (C). ; and by adding at the end the following: For purposes of penalties that may be doubled under clause
(i)or
(ii)of subparagraph (A), a violation described in this subparagraph is a violation— that is a repeated or willful violation; that has occurred within 10 years of the final disposition of another violation of section 12 or 13(c), relating to child labor, or any regulation issued pursuant to such a section; or for which the employer that committed the violation is found, during the period in which the person was investigated for such violation, to have engaged for work more than 10 children in such a violation. . Section 16(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e)(1) ), as amended by subsection (a), is further amended by adding at the end the following: The dollar amounts referred to in clauses
(i)and
(ii)of subparagraph
(A)shall be increased annually, for fiscal year 2025 and every fiscal year thereafter, by the percent increase, if any, in the consumer price index for all urban consumers (all items; United States city average) for the most recent 12-month period for which applicable data is available. .
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Sec. 201
Increased civil penalties for child labor violations
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