[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.
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