Don’t STEAL Act

In the case of an employment contract or other employment agreement, including a collective bargaining agreement, that specifies that an employer shall compensate an employee (who is described in subsection (b)) at a rate that is higher than the rate otherwise required under this Act, the employer shall compensate such employee at the rate specified in such contract or other employment agreement.

The requirement under subsection (a) shall apply with respect to any employee who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce.

Subsection (a) of section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended—

(1) by striking Any person and inserting (1) Except as provided by paragraph (2), any person;

(2) by striking subsection each place it appears and inserting paragraph; and

(3) by adding at the end the following:

(A) Any person who willfully violates section 3(m)(2)(B), 6, 7, or 8 of this Act, relating to wages, shall be—

(i) in the case of a violation of section 3(m)(2)(B), 6, 7, or 8 relating to unpaid wages, or unpaid overtime compensation, in an amount greater than $1,000, fined in accordance with title 18, United States Code, imprisoned for not more than 5 years, or both; or

(ii) in the case of a violation of section 3(m)(2)(B), 6, 7, or 8 relating to unpaid wages, or unpaid overtime compensation, in an amount equal to or less than $1,000, fined in accordance with title 18, United States Code, imprisoned for not more than 1 year, or both.

(B) In determining the amount of a fine under subparagraph (A), the following factors shall be considered:

(i) The gravity of the violation, including the number of employees affected and the value of the unlawfully kept wages.

(ii) Whether the person charged has previously been convicted for a violation of section 3(m)(2)(B), 6, 7, or 8.

(iii) The appropriateness of the penalty given the size of the business of the person convicted.

Paragraph (5) of section 16(e) of such Act is amended—

(1) by inserting and fines collected under subsection (a)(2) of this section after 12; and

(2) by adding at the end the following: Sums collected as fines under subsection (a)(2) shall be applied by the Wage and Hour Division of the Department of Labor to the costs of enforcing sections 3(m)(2)(B), 6, 7, and 8..

The amendments made by this section shall apply with respect to violations of section 3(m)(2)(B), 6, or 7 of the Fair Labor Standards Act of 1938 occurring on or after the date that is 90 days after the date of enactment of this Act.