To amend the Fair Labor Standards Act of 1938 to strengthen penalties for unlawful child labor.
Mr. HARKIN (for himself, Mr. KENNEDY, and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
To amend the Fair Labor Standards Act of 1938 to strengthen penalties for unlawful child labor.
Subsection (e) of section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended to read as follows:
`(e)(1)(A) Any person who violates the provisions of sections 12 or 13(c), relating to child labor, or any regulation issued pursuant to such sections, shall be subject to a civil penalty in an amount--
`(i) that is not less than $500 and not more than $15,000 for each employee who was the subject of such a violation;
`(ii) that is not less than $15,000 and not more than $50,000 with respect to each such violation that causes the death or serious injury of any employee under the age of 18 years; and
`(iii) in the case of a willful or repeat violation, that is not less than $15,000 and not more than $100,000.
`(B) For purposes of subparagraph (A)(ii), the term `serious injury' means--
`(i) the permanent loss or substantial impairment of one of the senses (sight, hearing, taste, smell, tactile sensation);
`(ii) the permanent loss or substantial impairment of the function of a bodily member, organ, or mental faculty, including the loss of all or part of an arm, leg, foot, hand, or other body part; or
`(iii) the permanent paralysis or substantial impairment that causes loss of movement or mobility of an arm, leg, foot, hand, or other body part.
`(2) Any person who repeatedly or willfully violates section 6 or 7, relating to wages, shall be subject to a civil penalty in an amount not to exceed $1,100 for each such violation.
`(3) In determining the amount of any penalty under this subsection, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of any penalty under this subsection, when finally determined, may be--
`(A) deducted from any sums owing by the United States to the person charged;
`(B) recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor; or
`(C) ordered by the court, in an action brought for a violation of section 15(a)(4) or a repeated or willful violation of section 15(a)(2), to be paid to the Secretary.
`(4) Any administrative determination by the Secretary of the amount of any penalty under this subsection shall be final, unless within 15 days after receipt of notice thereof by certified mail the person charged with the violation takes exception to the determination that the violations for which the penalty is imposed occurred, in which event final determination of the penalty shall be made in an administrative proceeding after opportunity for a hearing in accordance with section 554 of title 5, United States Code, and regulations to be promulgated by the Secretary.
`(5) Except for civil penalties collected for violations of sections 12 or 13(c), sums collected as penalties pursuant to this section shall be applied toward reimbursement of the costs of determining the violations and assessing and collecting such penalties, in accordance with the provision of section 2 of the Act entitled `An Act to authorize the Department of Labor to make special statistical studies upon payment of the cost thereof and for other purposes' (29 U.S.C. 9a). Civil penalties collected for violations of sections 12 or 13(c) shall be deposited in the general fund of the Treasury.
`(6) Whoever violates a provision of section 12 or 13(c), relating to child labor, or any regulation promulgated under such sections, shall be imprisoned for not more than 3 years or fined under title 18, United States Code, or both, except that in the case of a second or subsequent violation, such penalty shall be imprisonment of not less than 3 years and not more than 5 years or a fine under title 18, United States Code, or both.'.
U.S. Congress - Text of S.1614 as Introduced in Senate Child Labor Protection Act of 2007
