Child Labor Protection Act of 2007 - Amends the Fair Labor Standards Act of 1938 to increase civil penalties for violations of: (1) child labor requirements and prohibitions; and (2) minimum wage and maximum hours requirements.
Increases from $10,000 to $11,000 the maximum employer penalty for each employee who was the subject of a child labor violation.
Establishes a $50,000 civil penalty for each such violation that causes the death or serious injury of any employee under age 18. Allows the doubling of such a penalty where the violation is a repeated or willful violation.
Defines "serious injury" as permanent: (1) loss or substantial impairment of one of the senses (sight, hearing, taste, smell, tactile sensation); (2) 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 (3) paralysis or substantial impairment that causes loss of movement or mobility of an arm, leg, foot, hand or other body part.
Increases from $1,000 to $1,100 the civil penalty for any repeated or willful violation of specified minimum wage or maximum hours requirements of such Act.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1598 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 1598
To amend the Fair Labor Standards Act, with respect to civil penalties
for child labor violations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 12, 2007
Mr. Coleman (for himself, Mr. Enzi, and Mr. Isakson) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act, with respect to civil penalties
for child labor violations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Labor Protection Act of
2007''.
(a) In General.--Section 16(e) 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 not to exceed--
``(i) $11,000 for each employee who was the subject of such
a violation; or
``(ii) $50,000 with regard to each such violation that
causes the death or serious injury of any employee under the
age of 18 years, which penalty may be doubled where the
violation is a repeated or willful violation.
``(B) For purposes of subparagraph (A), the term `serious injury'
means--
``(i) permanent loss or substantial impairment of one of
the senses (sight, hearing, taste, smell, tactile sensation);
``(ii) 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) 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 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 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.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line