[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4288 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4288

 To provide for additional employees in the Wage and Hour Division of 
   the Department of Labor and to provide for increased damages for 
  recordkeeping violations under the Fair Labor Standards Act of 1938.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 1994

  Mr. Torres (for himself, Mr. Becerra, Mr. Brown of California, Mr. 
  Dellums, Mr. Berman, Mr. Pastor, Ms. Roybal-Allard, Mr. Stark, Mr. 
   Farr, Ms. Eschoo, Mr. Jacobs, Ms. Schenk, Mr. Traficant, and Mr. 
 Richardson) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To provide for additional employees in the Wage and Hour Division of 
   the Department of Labor and to provide for increased damages for 
  recordkeeping violations under the Fair Labor Standards Act of 1938.

    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 ``Labor Law Enforcement Act of 1994''.

SEC. 2. ADDITIONAL PERSONNEL.

    (a) Additional Positions.--Within the Wage and Hour Division of the 
Employment Standards Administration of the Department of Labor, the 
number of full-time positions assigned to investigate violations of the 
Fair Labor Standards Act of 1938 shall be increased as follows:
            (1) For fiscal year 1995, the number of such full-time 
        positions shall be increased to a number which is 10 percent 
        over the number of such positions at the end of fiscal year 
        1993.
            (2) For fiscal years after 1995, the number of such full-
        time positions shall be increased each fiscal year to a number 
        which is 10 percent over the number of such positions at the 
        end of the previous fiscal year until the ratio of such number 
        of full-time positions to the number of employees covered by 
        the Fair Labor Standards Act of 1938 is equal to the ratio in 
        effect at the end of fiscal year 1982.
    (b) Duties.--Individuals employed to fill the additional positions 
described in subsection (a) shall be assigned in accordance with 
section 4 of the Fair Labor Standards Act of 1938 and specifically in 
areas where the Secretary of Labor has determined that violation of 
such Act are most frequent.

SEC. 3. RECORDKEEPING.

    (a) Service Contract Act of 1965.--Section 3 of the Service 
Contract Act of 1965 (41 U.S.C. 352) is amended by adding at the end 
the following:
    ``(d) Regulations of the Secretary of Labor under section 2 of the 
Act of June 13, 1934 (40 U.S.C. 276c)(known as the Copeland Act) and 
the enforcement provisions of section 1001 of title 18, United States 
Code, shall apply with respect to a contract subject to section 
2(a).''.
    (b) Damages.--
            (1) Fair labor standards act of 1938.--Section 16(b) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amended 
        by--
                    (A) inserting after the second sentence the 
                following: ``Any employer who violates section 15(a)(5) 
                shall be liable for damages equal to the liquidated 
                damages such employer is liable for under the first 
                sentence.'',
                    (B) by striking out ``in either of the'' and 
                inserting in lieu thereof ``in the'', and
                    (C) by striking out ``or (2)'' and inserting in 
                lieu thereof a comma, and
                    (D) by adding before the period at the end the 
                following: ``, or (3) damages are sought as a result of 
                an alleged violation of section 15(a)(5)''.
            (2) Migrant and seasonal agricultural worker protection 
        act.--Section 504(c) of the Migrant and Seasonal Agricultural 
        Worker Protection Act (29 U.S.C. 1854(c)) is amended by--
                    (A) by striking out ``and (B)'' and inserting in 
                lieu thereof ``(B)'', and
                    (B) by inserting before the period at the end the 
                following: ``; and (C) if the violation involved 
                section 201 or 301, the amount of damages will be twice 
                the amount such respondent is otherwise liable for 
                under this subsection''.

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