I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Labor Law Enforce5 ment Act of 1994’’.
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1 SEC. 2. ADDITIONAL PERSONNEL.

2 (a) ADDITIONAL POSITIONS.—Within the Wage and

3 Hour Division of the Employment Standards Administra4 tion of the Department of Labor, the number of full-time

5 positions assigned to investigate violations of the Fair

6 Labor Standards Act of 1938 shall be increased as follows:

7 (1) For fiscal year 1995, the number of such

8 full-time positions shall be increased to a number

9 which is 10 percent over the number of such posi10 tions at the end of fiscal year 1993.

11 (2) For fiscal years after 1995, the number of

12 such full-time positions shall be increased each fiscal

13 year to a number which is 10 percent over the num14 ber of such positions at the end of the previous fiscal

15 year until the ratio of such number of full-time posi16 tions to the number of employees covered by the

17 Fair Labor Standards Act of 1938 is equal to the

18 ratio in effect at the end of fiscal year 1982.

19 (b) DUTIES.—Individuals employed to fill the addi20 tional positions described in subsection (a) shall be as21 signed in accordance with section 4 of the Fair Labor

22 Standards Act of 1938 and specifically in areas where the

23 Secretary of Labor has determined that violation of such

24 Act are most frequent.
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1 SEC. 3. RECORDKEEPING.

2 (a) SERVICE CONTRACT ACT OF 1965.—Section 3 of

3 the Service Contract Act of 1965 (41 U.S.C. 352) is

4 amended by adding at the end the following:

5 ‘‘(d) Regulations of the Secretary of Labor under sec6 tion 2 of the Act of June 13, 1934 (40 U.S.C.

7 276c)(known as the Copeland Act) and the enforcement

8 provisions of section 1001 of title 18, United States Code,

9 shall apply with respect to a contract subject to section

10 2(a).’’.

11 (b) DAMAGES.—

12 (1) FAIR LABOR STANDARDS ACT OF 1938.—

13 Section 16(b) of the Fair Labor Standards Act of

14 1938 (29 U.S.C. 216(b)) is amended by—

15 (A) inserting after the second sentence the

16 following: ‘‘Any employer who violates section

17 15(a)(5) shall be liable for damages equal to

18 the liquidated damages such employer is liable

19 for under the first sentence.’’,

20 (B) by striking out ‘‘in either of the’’ and

21 inserting in lieu thereof ‘‘in the’’, and

22 (C) by striking out ‘‘or (2)’’ and inserting

23 in lieu thereof a comma, and

24 (D) by adding before the period at the end

25 the following: ‘‘, or (3) damages are sought as
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1 a result of an alleged violation of section

2 15(a)(5)’’.

3 (2) MIGRANT AND SEASONAL AGRICULTURAL

4 WORKER PROTECTION ACT.—Section 504(c) of the

5 Migrant and Seasonal Agricultural Worker Protec6 tion Act (29 U.S.C. 1854(c)) is amended by—

7 (A) by striking out ‘‘and (B)’’ and insert8 ing in lieu thereof ‘‘(B)’’, and

9 (B) by inserting before the period at the

10 end the following: ‘‘; and (C) if the violation in11 volved section 201 or 301, the amount of dam12 ages will be twice the amount such respondent

13 is otherwise liable for under this subsection’’.

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