Strengthening penalties for child labor violations

(a) In general Section 16(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(1)) is amended— (1) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: (i) $160,350 for each employee who was the subject of such a violation, which penalty may be doubled in the case of a violation described in subparagraph (C); or (ii) $728,760 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 employee under the age of 18 years, which penalty may be doubled in the case of a violation described in subparagraph (C).; and (2) by adding at the end the following: (C) 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— (i) that is a repeated or willful violation; (ii) that involves an occupation or place of work described in any of subparagraphs (A) through (D) of section 12(e)(1); (iii) 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 (iv) for which the employer that committed the violation is found, during the period in which the person was investigated for such violation, to have employed more than 10 children in such a violation.. (b) Anti-Retaliation violations Section 16(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(2)) is amended by adding at the end the following: Any person who violates section 15(a)(3) with respect to any complaint or proceeding related to section 12 or 13(c), relating to child labor, or any regulation issued pursuant to such a section, shall be subject to a civil penalty not to exceed $75,000, for each such violation, in addition to such legal or equitable relief as may be appropriate to effectuate the purposes of such section 15(a)(3), as described in subsection (b).. (c) Damages for victims (1) In general Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended— (A) in subsection (b)— (i) by inserting after the third sentence the following: Any person who violates section 12(c) or section 13(c), relating to child labor, or any regulation issued pursuant to such a section, shall be liable to the employee or employees affected for compensatory damages and, as appropriate, punitive damages or legal or equitable relief as described in subsection (f).; (ii) in the sentence beginning An action to recover, by striking employer and inserting employer (or person as applicable in the case of a violation of section 12(c) or 13(c), relating to child labor, or any regulation issued pursuant to such a section); and (iii) in the last sentence— (I) by striking or (2) legal and inserting, (2) legal; and (II) by inserting before the period at the end, or (3) compensatory damages and, as appropriate, punitive damages or legal or equitable relief is sought for a violation of section 12(c) or section 13(c), relating to child labor, or any regulation issued pursuant to such a section; (B) in subsection (c)— (i) by inserting after the second sentence, the following: The Secretary is authorized to supervise the payment of any compensatory damages, punitive damages, or legal or equitable relief owed to an employee or employees under subsection (b) for a violation of section 12(c) or section 13(c), relating to child labor, or any regulation issued pursuant to such a section, and the Secretary may bring an action in any court of competent jurisdiction to obtain such damages or relief.; and (ii) in the sentence beginning The right provided by subsection (b) — (I) by striking the first sentence of; (II) by inserting or relief after other damages; and (III) by striking an employer and inserting a person; (C) in subsection (d), by striking employer and inserting person; and (D) by adding at the end the following: (f) Legal and equitable relief for child labor violations (1) In general A person who violates section 12(c) or section 13(c), relating to child labor, or any regulation issued pursuant to such a section— (A) shall be liable to each employee affected by the violation— (i) except as provided in clause (ii), in an amount that is not less than $75,000 in compensatory damages, which penalty shall be doubled in the case of a violation that involves an occupation or place of work described in any of subparagraphs (A) through (D) of section 12(e)(1); or (ii) in the case of a violation of section 12(c) or section 13(c), relating to child labor, or any regulation issued pursuant to such a section, that causes death or serious injury, in an amount that is not less than $750,000 in compensatory damages, which penalty may be doubled in the case of such a violation that is a repeated or willful violation; and (B) may, as appropriate, be liable to each employee affected by the violation— (i) in an amount that is not less than $1,000,000 in punitive damages in the case of a violation that causes death or serious injury; or (ii) for legal or equitable relief, including injunctive relief or disgorgement of profits. (2) Relation to other laws Nothing in this subsection shall preempt a State or municipal law that provides greater penalties or remedies for violations of child labor requirements than those provided under this subsection. (3) Definition of serious injury For purposes of paragraph (1), the term serious injury has the meaning given such term in subsection (e)(1)(B).. (2) Statute of limitations Section 6 of the Portal-to-Portal Act (29 U.S.C. 255) is amended— (A) in the matter preceding subsection (a), by inserting (or any compensatory damages, punitive damages, or legal or equitable relief for a violation of section 12(c) or section 13(c), relating to child labor, of such Act, or any regulation issued pursuant to such a section) after Fair Labor Standards Act of 1938; and (B) in subsection (a), by inserting and except that a cause of action for a violation of section 12(c) or section 13(c), relating to child labor, of the Fair Labor Standards Act of 1938, or any regulation issued pursuant to such a section, may be commenced within 10 years after the cause of action accrued before the semicolon. (d) Criminal penalties Section 16(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(a)) is amended— (1) by striking Any and inserting (1) Any; (2) by inserting (other than subsection (a)(4) of such section) after section 15; (3) by striking subsection each place it appears and inserting paragraph; and (4) by adding at the end the following: (2) (A) Except as provided in subparagraph (B), any person who violates section 15(a)(4) shall upon conviction thereof be subject to a fine of not more than $750,000, or to imprisonment for not more than 1 year, or both. (B) Any person who violates section 12(f)(2) shall upon conviction thereof be subject to a fine of not more than $500,000, or to imprisonment of not more than 1 year, or both. No person shall be imprisoned under this subparagraph except for an offense committed after the conviction of such person for a prior offense under this subparagraph..