I 

118TH CONGRESS 

2D SESSION H. R. 9337 

To amend the Fair Labor Standards Act of 1938 to provide for increased 

criminal and civil penalties for wage theft. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 9, 2024 

Mr. MAGAZINER (for himself, Ms. BALINT, Mr. BOWMAN, Mr. BOYLE of 

Pennsylvania, Mr. CARSON, Ms. CHU, Mrs. DINGELL, Mr. EVANS, Mr. 

GOLDMAN of New York, Mrs. HAYES, Mr. JACKSON of Illinois, Ms. NORTON, Ms. OCASIO-CORTEZ, Mr. POCAN, Ms. PORTER, Ms. SCHAKOWSKY, 

Mrs. SYKES, Ms. TLAIB, Ms. TOKUDA, Mr. TRONE, and Mrs. WATSON

COLEMAN) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Fair Labor Standards Act of 1938 to provide 

for increased criminal and civil penalties for wage theft. 

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 ‘‘Don’t Stand for Tak5 ing Employed Americans’ Livings Act’’ or the ‘‘Don’t 

6 STEAL Act’’. 


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1 SEC. 2. RIGHT TO FULL COMPENSATION. 

2 The Fair Labor Standards Act of 1938 is amended 

3 by inserting after section 7 (29 U.S.C. 207) the following: 

4 ‘‘SEC. 8. RIGHT TO FULL COMPENSATION. 

5 ‘‘(a) IN GENERAL.—In the case of an employment 

6 contract or other employment agreement, including a col7 lective bargaining agreement, that specifies that an em8 ployer shall compensate an employee (who is described in 

9 subsection (b)) at a rate that is higher than the rate other10 wise required under this Act, the employer shall com11 pensate such employee at the rate specified in such con12 tract or other employment agreement. 

13 ‘‘(b) EMPLOYEE ENGAGED IN COMMERCE.—The re14 quirement under subsection (a) shall apply with respect 

15 to any employee who in any workweek is engaged in com16 merce or in the production of goods for commerce, or is 

17 employed in an enterprise engaged in commerce or in the 

18 production of goods for commerce.’’. 

19 SEC. 3. PENALTIES FOR WAGE THEFT. 

20 (a) CRIMINAL PENALTIES.—Subsection (a) of section 

21 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

22 216) is amended— 

23 (1) by striking ‘‘Any person’’ and inserting ‘‘(1) 

24 Except as provided by paragraph (2), any person’’; 

25 (2) by striking ‘‘subsection’’ each place it ap26 pears and inserting ‘‘paragraph’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(2)(A) Any person who willfully violates section 

3 3(m)(2)(B), 6, 7, or 8 of this Act, relating to wages, shall 

4 be— 

5 ‘‘(i) in the case of a violation of section 

6 3(m)(2)(B), 6, 7, or 8 relating to unpaid wages, or 

7 unpaid overtime compensation, in an amount greater 

8 than $1,000, fined in accordance with title 18, 

9 United States Code, imprisoned for not more than 

10 5 years, or both; or 

11 ‘‘(ii) in the case of a violation of section 

12 3(m)(2)(B), 6, 7, or 8 relating to unpaid wages, or 

13 unpaid overtime compensation, in an amount equal 

14 to or less than $1,000, fined in accordance with title 

15 18, United States Code, imprisoned for not more 

16 than 1 year, or both. 

17 ‘‘(B) In determining the amount of a fine under sub18 paragraph (A), the following factors shall be considered: 

19 ‘‘(i) The gravity of the violation, including the 

20 number of employees affected and the value of the 

21 unlawfully kept wages. 

22 ‘‘(ii) Whether the person charged has previously 

23 been convicted for a violation of section 3(m)(2)(B), 

24 6, 7, or 8. 


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1 ‘‘(iii) The appropriateness of the penalty given 

2 the size of the business of the person convicted.’’. 

3 (b) FUNDS FOR WAGE AND HOUR DIVISION.—Para4 graph (5) of section 16(e) of such Act is amended— 

5 (1) by inserting ‘‘and fines collected under sub6 section (a)(2) of this section’’ after ‘‘12’’; and 

7 (2) by adding at the end the following: ‘‘Sums 

8 collected as fines under subsection (a)(2) shall be 

9 applied by the Wage and Hour Division of the De10 partment of Labor to the costs of enforcing sections 

11 3(m)(2)(B), 6, 7, and 8.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply with respect to violations of section 

14 3(m)(2)(B), 6, or 7 of the Fair Labor Standards Act of 

15 1938 occurring on or after the date that is 90 days after 

16 the date of enactment of this Act. 

Æ 


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