A bill to amend the Fair Labor Standards Act of 1938 to apply child labor laws to independent contractors, increase penalties for child labor law violations, and for other purposes.
Child Labor Prevention Act
This bill extends the prohibitions against child labor to independent contractors and increases the penalties for violations of such laws.
Specifically, the bill expands the definition of an employer under the Fair Labor Standards Act of 1938 to include any person engaging an individual for the performance of work (including an independent contractor). The bill also expands the definition of work to include the performance of services for remuneration.
Further, the bill replaces the current maximum civil penalty of $11,000 for a violation of the child labor laws with a minimum civil penalty of $5,000 and a maximum of $132,270 (or, in the case of a violation that causes death or serious injury, $25,000 and $601,150, respectively). The civil penalties must be increased annually to match any percent increase in the Consumer Price Index.
Repeat or willful offenders may be fined not more than $50,000 and imprisoned for not more than 1 year.
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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