[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 637 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 637

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2023

 Mr. Schatz (for himself, Mr. Fetterman, Mr. Durbin, Ms. Cortez Masto, 
 Ms. Baldwin, and Ms. Duckworth) 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 of 1938 to apply child labor laws 
  to independent contractors, increase penalties for child labor law 
                  violations, and for other purposes.

    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 Prevention Act''.

SEC. 2. AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938.

    (a) Application to Workers.--The Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.) is amended--
            (1) in section 3 (29 U.S.C. 203)--
                    (A) in subsection (d)--
                            (i) by striking ```Employer' includes'' and 
                        inserting ``(1) `Employer' includes'';
                            (ii) by inserting ``(or, for purposes of 
                        any child labor provision of this Act, 
                        including paragraph (2), subsection (aa), 
                        section 12, and any provision of this Act 
                        administering or enforcing such a child labor 
                        provision, a worker)'' after ``employee''; and
                            (iii) by adding at the end the following:
    ``(2) Notwithstanding any other provision in this section, for 
purposes of any child labor provision of this Act, including 
subsections (l) and (aa), section 12, and any provision of this Act 
administering or enforcing such a child labor provision, the term 
`employer' includes any person engaging an individual (including an 
independent contractor) for the performance of work.'';
                    (B) in subsection (j)--
                            (i) by inserting ``(or, for purposes of any 
                        child labor provision of this Act, including 
                        section 12 and any provision of this Act 
                        administering or enforcing such a child labor 
                        provision, worker)'' after ``employee'' each 
                        place it appears; and
                            (ii) by inserting ``(or, for purposes of 
                        any child labor provision of this Act, 
                        including section 12 and any provision of this 
                        Act administering or enforcing such a child 
                        labor provision, engaged for work)'' after 
                        ``was employed'';
                    (C) in subsection (l)--
                            (i) by striking ``employment under'' and 
                        inserting ``work under'';
                            (ii) by striking ``employee'' each place it 
                        appears and inserting ``worker'';
                            (iii) by striking ``is employed by'' each 
                        place it appears and inserting ``performs work 
                        for'';
                            (iv) by striking ``employing'' and 
                        inserting ``engaging for work'';
                            (v) by striking ``employment of'' each 
                        place it appears and inserting ``engagement for 
                        work of'';
                            (vi) by striking ``employment in'' and 
                        inserting ``engagement for work in'';
                            (vii) by striking ``employees'' and 
                        inserting ``workers''; and
                            (viii) by striking ``such employment'' and 
                        inserting ``such work'';
                    (D) in subsection (s), by inserting ``(or, for 
                purposes of any child labor provision of this Act, 
                including section 12 and any provision of this Act 
                administering or enforcing such a child labor 
                provision, workers)'' after ``employees'' each place it 
                appears; and
                    (E) by adding at the end the following:
    ``(z) `Work', for purposes of any child labor provision of this 
Act, including subsections (d)(2), (l), and (aa), section 12, and any 
provision of this Act administering or enforcing such a child labor 
provision, means the performance of services for remuneration, 
including employment.
    ``(aa) `Worker', for purposes of any child labor provision of this 
Act, including subsection (l), section 12, and any provision of this 
Act administering or enforcing such a child labor provision, means any 
individual (including an independent contractor or an employee) engaged 
for work by an employer.'';
            (2) in section 11 (29 U.S.C. 211)--
                    (A) in subsection (a)--
                            (i) by inserting ``(or, for purposes of any 
                        child labor provision of this Act, including 
                        section 12 and any provision of this Act 
                        administering or enforcing such a child labor 
                        provision, work)'' after ``employment''; and
                            (ii) by inserting ``(or, for purposes of 
                        any child labor provision of this Act, 
                        including section 12 and any provision of this 
                        Act administering or enforcing such a child 
                        labor provision, workers)'' after ``such 
                        employees''; and
                    (B) in subsection (c)--
                            (i) by inserting ``or, for purposes of any 
                        child labor provision of this Act, including 
                        section 12 and any provision of this Act 
                        administering or enforcing such a child labor 
                        provision, the persons working for the 
                        employer'' after ``employed by him''; and
                            (ii) by inserting ``(or, for purposes of 
                        any such child labor provision of this Act, 
                        work)'' after ``employment'';
            (3) in section 12 (29 U.S.C. 212)--
                    (A) in subsection (b), by striking ``employment 
                of'' and inserting ``engagement for work of''; and
                    (B) in subsection (d), by striking ``employee'' and 
                inserting ``worker'';
            (4) in section 13 (29 U.S.C. 213)--
                    (A) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A)--
                                            (aa) by striking 
                                        ``employee'' each place it 
                                        appears and inserting 
                                        ``worker'';
                                            (bb) by striking ``employed 
                                        in'' and inserting ``engaged 
                                        for work in''; and
                                            (cc) by striking ``so 
                                        employed'' and inserting ``so 
                                        engaged'';
                                    (II) in subparagraph (A)--
                                            (aa) by striking ``employed 
                                        by'' and inserting ``engaged 
                                        for work by'';
                                            (bb) by striking ``is 
                                        employed with'' by inserting 
                                        ``is engaged for work with''; 
                                        and
                                            (cc) by striking 
                                        ``employees'' and inserting 
                                        ``workers''; and
                                    (III) in subparagraph (B)--
                                            (aa) by striking ``such 
                                        employment'' and inserting 
                                        ``such engagement for work'';
                                            (bb) by striking 
                                        ``employed'' and inserting 
                                        ``engaged for work''; and
                                            (cc) by striking 
                                        ``employee'' and inserting 
                                        ``worker'';
                            (ii) in paragraph (2)--
                                    (I) by striking ``employee'' each 
                                place it appears and inserting 
                                ``worker'';
                                    (II) by striking ``employed in'' 
                                and inserting ``engaged for work in'';
                                    (III) by striking ``employment of'' 
                                and inserting ``engagement for work 
                                of''; and
                                    (IV) by striking ``employed by'' 
                                and inserting ``so engaged by'';
                            (iii) in paragraph (3), by striking 
                        ``employed'' and inserting ``engaged for 
                        work'';
                            (iv) in paragraph (4)--
                                    (I) in subparagraph (A)--
                                            (aa) in the matter 
                                        preceding clause (i)--

                                                    (AA) by striking 
                                                ``employment'' and 
                                                inserting ``engagement 
                                                for work''; and

                                                    (BB) by striking 
                                                ``employed'' and 
                                                inserting ``engaged for 
                                                work'';

                                            (bb) in clause (ii), by 
                                        striking ``employment'' and 
                                        inserting ``engagement for 
                                        work'';
                                            (cc) in clause (iv), by 
                                        striking ``employment'' and 
                                        inserting ``engagement for 
                                        work''; and
                                            (dd) in clause (v), by 
                                        striking ``employed'' and 
                                        inserting ``engaged for work''; 
                                        and
                                    (II) in subparagraph (B), by 
                                striking ``employed'' each place it 
                                appears and inserting ``engaged for 
                                work'';
                            (v) in paragraph (5)--
                                    (I) by striking ``employee'' each 
                                place it appears and inserting 
                                ``worker'';
                                    (II) by striking ``employees'' each 
                                place it appears and inserting 
                                ``workers''; and
                                    (III) in subparagraph (C)--
                                            (aa) in clause (i), by 
                                        striking ``employee's'' each 
                                        place it appears and inserting 
                                        ``worker's''; and
                                            (bb) in clause (iii)(I), by 
                                        striking ``employment'' and 
                                        inserting ``work'';
                            (vi) in paragraph (6)--
                                    (I) in the matter preceding 
                                subparagraph (A)--
                                            (aa) by striking 
                                        ``employees who are under'' and 
                                        inserting ``workers who are 
                                        under''; and
                                            (bb) by striking ``Employee 
                                        who are 17'' and inserting 
                                        ``Workers who are 17'';
                                    (II) by striking ``employee'' each 
                                place it appears and inserting 
                                ``worker'';
                                    (III) by striking ``employee's'' 
                                each place it appears and inserting 
                                ``worker's'';
                                    (IV) by striking ``of employment'' 
                                each place it appears and inserting 
                                ``of work'';
                                    (V) in subparagraph (F), by 
                                striking ``employees of'' each place it 
                                appears and inserting ``workers of''; 
                                and
                                    (VI) in subparagraph (G), by 
                                striking ``employment'' and inserting 
                                ``engagement for work''; and
                            (vii) in paragraph (7)--
                                    (I) in subparagraph (A)(i), by 
                                striking ``employed'' and inserting 
                                ``engaged for work''; and
                                    (II) in subparagraph (B), in the 
                                matter preceding clause (i), by 
                                striking ``employment'' and inserting 
                                ``engagement for work'';
                    (B) in subsection (d), by inserting ``(or, for 
                purposes of section 12, worker)'' after ``any 
                employee''; and
                    (C) in subsection (f), by inserting ``(or, for 
                purposes of section 11 (with respect to any child labor 
                provision of this Act) and 12, worker)'' after ``any 
                employee'';
            (5) in section 16(e)(1)(A) (29 U.S.C. 216(e)(1)(A)), by 
        striking ``employee'' and inserting ``worker''; and
            (6) in section 18C (29 U.S.C. 218c)--
                    (A) by inserting ``(or, for purposes of any child 
                labor provision of this Act, including section 12 and 
                any provision of this Act administering or enforcing 
                such a child labor provision, worker)'' after 
                ``employee'' each place it appears; and
                    (B) by inserting ``(or, for purposes of any child 
                labor provision of this Act, including section 12 and 
                any provision of this Act administering or enforcing 
                such a child labor provision, of work)'' after 
                ``employment'' each place it appears.
    (b) Civil Penalties.--Section 16(e)(1) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 216(e)(1)), as amended by subsection (a)(5), is 
further amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``not to exceed'' and inserting ``of an amount (subject 
                to subparagraph (C)) that is'';
                    (B) in clause (i), by striking ``$11,000'' and 
                inserting ``not less than $5,000 and not more than 
                $132,270''; and
                    (C) in clause (ii), by striking ``$50,000'' and 
                inserting ``not less than $25,000 and not more than 
                $601,150''; and
            (2) by adding at the end the following:
            ``(C) The dollar amounts referred to in clauses (i) and 
        (ii) of subparagraph (A) shall be increased annually, for 
        fiscal year 2024 and every fiscal year thereafter, by the 
        percent increase, if any, in the consumer price index for all 
        urban consumers (all items; United States city average) for the 
        most recent 12-month period for which applicable data is 
        available.''.
    (c) 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) Any person who repeatedly or willfully violates section 
15(a)(4) shall upon conviction thereof be subject to a fine of not more 
than $50,000, or to imprisonment for not more than 1 year, or both.''.

SEC. 3. EFFECTIVE DATES.

    (a) Application to All Workers.--The amendments made by section 
2(a) shall take effect on the date that is 90 days after the date of 
enactment of this Act.
    (b) Penalties.--The amendments made by subsections (b) and (c) of 
section 2 shall apply with respect to violations alleged to have 
occurred on or after the date of the enactment of this Act.
                                 <all>