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H.R. 3971IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 103 · H.R. 3971

Enforcement

Title I — Domestic employee rights and protections › Subtitle A — Amendments to the Fair Labor Standards Act of 1938

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(a) Prohibited act Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended— (1) in paragraph (5), by striking; and; (2) in paragraph (6), by striking the period and inserting; and; and (3) by adding at the end the following: (7) to violate any provision of section 8, including any regulation or order issued by the Secretary under that section.. (b) Penalties Section 16 of such Act (29 U.S.C. 216) is amended— (1) in subsection (b), by inserting Any employer who violates section 8(b) shall be liable to the employee affected in an amount of severance pay that is calculated, with respect to the employee, in accordance with section 8(b)(1)(B)(ii), and in an additional equal amount as liquidated damages. Any employer who violates section 8(c) shall be liable to the employee affected in an amount that is not to exceed $2,000 for each violation. after the third sentence; and (2) in subsection (c), by adding at the end the following: The authority and requirements described in this subsection shall also apply with respect to a violation of section 8, as appropriate, and the employer shall be liable for the amounts described in subsection (b) for violations of such section.. (c) Injunction proceedings Section 17 of the Fair Labor Standards Act of 1938 (29 U.S.C. 217) is amended by striking (except sums and inserting and in the case of violations of section 15(a)(7) the restraint of any withholding of severance pay and other damages found by the court to be due to employees under this Act (except, in either case, sums. (d) Statute of limitations Section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) is amended, in the matter preceding subsection (a), by inserting (and any cause of action to enforce section 8 of such Act) after under the Fair Labor Standards Act of 1938, as amended.

Sec. 103: Enforcement · Public Law Tracker