II 

118TH CONGRESS 

1ST SESSION S. 2769 

To amend the Fair Labor Standards Act of 1938 and the Portal-to-Portal 

Act of 1947 to prevent wage theft and assist in the recovery of stolen 

wages, to authorize the Secretary of Labor to administer grants to 

prevent wage and hour violations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2023 

Mrs. MURRAY (for herself, Mr. SANDERS, Ms. BALDWIN, Mr. BLUMENTHAL, 

Mr. BOOKER, Mr. BROWN, Ms. CANTWELL, Mr. CARDIN, Mr. CASEY, Ms. 

DUCKWORTH, Mr. DURBIN, Mrs. FEINSTEIN, Mr. FETTERMAN, Mr. 

HICKENLOOPER, Ms. HIRONO, Mr. KAINE, Ms. KLOBUCHAR, Mr. LUJA ́N, 

Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY, Mr. 

PADILLA, Mr. REED, Mr. SCHATZ, Ms. SMITH, Ms. STABENOW, Mr. VAN

HOLLEN, Ms. WARREN, and Mr. WHITEHOUSE) 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 and the 

Portal-to-Portal Act of 1947 to prevent wage theft and 

assist in the recovery of stolen wages, to authorize the 

Secretary of Labor to administer grants to prevent wage 

and hour violations, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Wage Theft Prevention 

3 and Wage Recovery Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Wage theft occurs when an employer does 

7 not pay an employee for work that the employee has 

8 performed, depriving the worker of wages and earn9 ings to which the worker is legally entitled. This 

10 theft occurs in many forms, including by employers 

11 violating minimum wage requirements, failing to pay 

12 overtime compensation, requiring off-the-clock work, 

13 failing to provide final payments, misclassifying em14 ployees as being exempt from overtime compensation 

15 or as independent contractors rather than as em16 ployees, and improperly withholding tips. 

17 (2) Wage theft poses a serious and growing 

18 problem across industries for working individuals of 

19 the United States. Wage theft is widespread and is 

20 estimated to cost workers more than 

21 $15,000,000,000 per year. In certain industries, 

22 compliance with Federal wage and hour laws is less 

23 than 50 percent. 

24 (3) Wage theft is closely associated with em25 ployment discrimination, with women, immigrants, 

26 and racial and ethnic minorities being disproportionVerDate Sep 11 2014 18:47 Sep 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2769.IS S2769

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1 ately affected. Women are significantly more likely 

2 to experience minimum wage violations than men, 

3 foreign-born workers are nearly 2 times as likely to 

4 experience minimum wage violations as their coun5 terparts born in the United States, and African 

6 Americans are 3 times more likely to experience 

7 minimum wage violations than their White counter8 parts. 

9 (4) Wage theft is closely associated with unsafe 

10 working conditions. 

11 (5) Wage theft— 

12 (A) depresses the wages of working fami13 lies who are already struggling to make ends 

14 meet; 

15 (B) strains social services funds; 

16 (C) diminishes consumer spending power 

17 and hurts local economies; 

18 (D) reduces vital State and Federal tax 

19 revenues; 

20 (E) places law-abiding employers at a com21 petitive disadvantage with noncompliant em22 ployers; 

23 (F) burdens commerce and the free flow of 

24 goods; and 


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1 (G) lowers labor standards throughout 

2 labor markets. 

3 (6) Low-wage workers are at the greatest risk 

4 of suffering from wage theft. A survey of 4,387 low5 wage workers in New York, Los Angeles, and Chi6 cago found that 68 percent of the workers surveyed 

7 had experienced some form of wage theft in the 

8 workweek immediately before the survey was con9 ducted. These workers experienced a range of wage 

10 and hour violations: 26 percent of such workers were 

11 not paid minimum wage; 76 percent of such workers 

12 who worked more than 40 hours in the workweek 

13 immediately before the survey was conducted were 

14 not paid at the overtime rate; and, in the year before 

15 the survey was conducted, 43 percent of the workers 

16 who attempted to address such issues by filing a 

17 complaint with their employer or who attempted to 

18 form a labor organization experienced retaliation by 

19 their employers, including by being fired, suspended, 

20 or receiving threats of reductions in their hours or 

21 pay. 

22 (7) In 2012, State and Federal authorities as 

23 well as private attorneys recovered at least 

24 $933,000,000 in wage theft enforcement actions, 

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1 beries, residential robberies, convenience store and 

2 gas station robberies, and street robberies in the 

3 United States during that year. 

4 (8) A Department of Labor study of wage theft 

5 in California and New York found that wage theft 

6 deprived workers of 37 percent to 49 percent of 

7 their income, pushing at least 15,000 families below 

8 the poverty line and driving another 50,000 to 

9 100,000 families deeper into poverty. 

10 (9) A study analyzing wage theft claims in the 

11 State of Washington from 2009 to 2013 estimated 

12 that the total economic cost of wage theft to the 

13 State totaled more than $64,000,000 resulting from 

14 the lower economic activity and spending of low15 wage workers due to their lost wages. 

16 (10) A Department of Labor study of wage vio17 lations in California and New York found that wage 

18 theft deprived families of $5,600,000 in possible 

19 earned income tax credits and resulted in a 

20 $22,000,000 loss in State tax revenue, a 

21 $238,000,000 loss in payroll tax revenue, and a 

22 $113,000,000 loss in Federal income tax revenue. 

23 (11) Barriers to addressing wage theft continue 

24 to exist decades after the enactment of the Fair 

25 Labor Standards Act of 1938 (29 U.S.C. 201 et 


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1 seq.). These barriers have resulted, in significant 

2 part, because enforcement of such Act has not 

3 worked as Congress originally intended and because 

4 many of the provisions of such Act do not include 

5 sufficient penalties to discourage violations. Improve6 ments to enforcement and amendments to such Act 

7 are necessary to ensure that such Act provides effec8 tive protection to individuals subject to wage theft. 

9 (12) The lack of a Federal right for employees 

10 to receive full compensation at the agreed upon wage 

11 rate for all work performed by the employee has re12 sulted in workers being able to recover only the ap13 plicable minimum wage, or the overtime rate if ap14 plicable, when employers engage in wage theft. 

15 (13) The lack of a Federal requirement to pro16 vide employees with paystubs indicating how their 

17 pay is calculated or to allow employees to inspect 

18 their employers’ payroll records significantly impedes 

19 efforts to identify and challenge wage theft. 

20 (14) The lack of a Federal requirement to pay 

21 employees their final payments in a timely manner 

22 upon termination of the employment relationship be23 tween the employer and employee has led to unrea24 sonable, and sometimes indefinite, delays in com25 pensation after an employment relationship ends. 


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1 (15) While the Fair Labor Standards Act of 

2 1938 and regulations promulgated by the Secretary 

3 of Labor, as in effect on the day before the date of 

4 enactment of this Act, require employers to com5 pensate employees at the minimum wage rate and to 

6 provide overtime compensation when appropriate, 

7 the lack of civil penalties for most violations of these 

8 requirements has dampened their effectiveness. 

9 (16) While the Fair Labor Standards Act of 

10 1938 and regulations promulgated by the Secretary 

11 of Labor, as in effect on the day before the date of 

12 enactment of this Act, provide employees who are 

13 subject to wage theft with the right to unpaid min14 imum wages or unpaid overtime compensation plus 

15 an additional equal amount as liquidated damages, 

16 this low level of damages has proved insufficient to 

17 deter employers from stealing the wages of their em18 ployees. 

19 (17) While the Fair Labor Standards Act of 

20 1938 and regulations promulgated by the Secretary 

21 of Labor, as in effect on the day before the date of 

22 enactment of this Act, require employers to keep 

23 records of employees’ pay, the lack of remedies be24 yond injunctive relief for this requirement diminishes 

25 the effectiveness of the requirement. 


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1 (18) While the Fair Labor Standards Act of 

2 1938 and regulations promulgated by the Secretary 

3 of Labor, as in effect on the day before the date of 

4 enactment of this Act, provide for limited criminal 

5 penalties when employers violate the provisions of 

6 such Act, the Secretary of Labor rarely resorts to 

7 these penalties, causing them to serve as a hollow 

8 threat. 

9 (19) The statute of limitations under section 6 

10 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255), 

11 as in effect on the day before the date of enactment 

12 of this Act, precludes employees from commencing a 

13 claim for wage theft more than 2 years after the 

14 cause of action accrued, or more than 3 years after 

15 the cause of action accrued if the claim is with re16 spect to a willful violation by the employer. Addition17 ally, the statute of limitations is not automatically 

18 suspended while the Secretary of Labor investigates 

19 a complaint. These strict confines of the statute of 

20 limitations sometimes result in employees being de21 prived of their ability to institute a private lawsuit 

22 against their employer in order to recover their sto23 len wages. 

24 (20) Section 16(b) of the Fair Labor Standards 

25 Act of 1938 (29 U.S.C. 216(b)), as in effect on the 


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1 day before the date of enactment of this Act, re2 quires employees to affirmatively ‘‘opt-in’’ in order 

3 to be a party plaintiff in a collective action brought 

4 by another aggrieved employee seeking to recover 

5 stolen wages in court. This provision limits the abil6 ity of employees to unite and pursue private lawsuits 

7 against employers. 

8 (21) Under the penalty structure of the Fair 

9 Labor Standards Act of 1938, as in effect on the 

10 day before the date of enactment of this Act, many 

11 employers who are caught violating such Act con12 tinue to violate the Act. A Department of Labor in13 vestigation found that one-third of employers who 

14 had previously engaged in wage theft continued to 

15 do so. 

16 (22) The Government Accountability Office and 

17 the Department of Labor have recognized that when 

18 employers are assessed civil penalties, they are more 

19 likely to comply with the law in the future and other 

20 employers in the same region—regardless of indus21 try—are also more likely to comply with the law. 

22 (23) States that have enacted legislation to ad23 dress wage theft by increasing the damages to which 

24 employees are entitled following violations of wage 

25 and hour laws have positively impacted the workers 


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1 in such States. However, many States have not en2 acted such legislation and, worse still, some States 

3 do not have any laws protecting workers from wage 

4 theft or even agencies to enforce workers’ rights to 

5 compensation for work. This discrepancy in State 

6 laws has resulted in a fragmentation of workers’ 

7 rights across the United States, with some workers 

8 having a measure of protection from wage theft and 

9 other workers being left extremely vulnerable to 

10 wage theft. 

11 (24) Effective enforcement of wage and hour 

12 laws is critical to increasing compliance. Given the 

13 limited resources available for enforcement, en14 hanced strategic enforcement of Federal wage and 

15 hour laws is crucial. 

16 (25) For enhanced strategic enforcement to be 

17 effective, government regulators must work with 

18 community stakeholders who have direct knowledge 

19 of ongoing violations of Federal wage and hour re20 quirements and who are in a position to prevent 

21 such violations. 

22 (26) Partnerships between regulators, workers, 

23 nonprofit organizations, and businesses can increase 

24 compliance by educating workers about their rights, 

25 collecting evidence, reporting violations, identifying 


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1 noncompliant employers, and modeling good prac2 tices. 

3 (27) Partnerships between regulators, workers, 

4 nonprofit organizations, and businesses have been 

5 successful in combating wage theft. In 2006, the Di6 vision of Labor Standards Enforcement of the State 

7 of California created a janitorial enforcement team 

8 to work closely with a local janitorial watchdog orga9 nization. As of 2015, the partnership had resulted in 

10 countless administrative, civil, and criminal actions 

11 against employers and in the collection of more than 

12 $68,000,000 in back pay for janitorial workers. 

13 (28) The Comptroller General of the United 

14 States has recommended that the Department of 

15 Labor identify ways to leverage its resources to bet16 ter combat wage theft by improving services pro17 vided through partnerships. 

18 SEC. 3. PURPOSES. 

19 The purposes of this Act are to prevent wage theft 

20 and facilitate the recovery of stolen wages by— 

21 (1) strengthening the penalties for engaging in 

22 wage theft; 

23 (2) giving workers the right to receive, in a 

24 timely manner, full compensation for the work they 


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1 perform, certain disclosures, regular paystubs, and 

2 final payments; 

3 (3) providing workers with improved tools to re4 cover their stolen wages in court; and 

5 (4) making assistance available to enhance en6 forcement of and compliance with Federal wage and 

7 hour laws through— 

8 (A) supporting initiatives that address and 

9 prevent violations of such laws and assist work10 ers in wage recovery; 

11 (B) supporting individual entities and de12 veloping community partnerships that expand 

13 and improve cooperative efforts between en14 forcement agencies and community-based orga15 nizations in the prevention of wage and hour 

16 violations and enforcement of wage and hour 

17 laws; 

18 (C) expanding outreach to workers in in19 dustries or geographic areas identified by the 

20 Secretary of Labor as highly noncompliant with 

21 Federal wage and hour laws; 

22 (D) improving detection of employers who 

23 are not complying with such laws and aiding in 

24 the identification of violations of such laws; and 


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1 (E) facilitating the collection of evidence to 

2 assist enforcement efforts. 

3 TITLE I—AMENDMENTS TO THE 

4 FAIR LABOR STANDARDS ACT 

5 OF 1938 

6 SEC. 101. REQUIREMENTS TO PROVIDE CERTAIN DISCLO7 SURES, REGULAR PAYSTUBS, AND FINAL PAY8 MENTS. 

9 The Fair Labor Standards Act of 1938 is amended 

10 by inserting after section 4 (29 U.S.C. 204) the following: 

11 ‘‘SEC. 5. REQUIREMENTS TO PROVIDE CERTAIN DISCLO12 SURES, REGULAR PAYSTUBS, AND FINAL PAY13 MENTS. 

14 ‘‘(a) DISCLOSURES.— 

15 ‘‘(1) INITIAL DISCLOSURES.—Not later than 15 

16 days after the date on which an employer hires an 

17 employee who in any workweek is engaged in com18 merce or in the production of goods for commerce, 

19 or is employed in an enterprise engaged in commerce 

20 or in the production of goods for commerce, the em21 ployer of such employee shall provide such employee 

22 with an initial disclosure containing the information 

23 described in paragraph (3). Such initial disclosure 

24 shall be— 


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1 ‘‘(A) provided as a written statement or, if 

2 the employee so chooses, as a digital document 

3 provided through electronic communication; and 

4 ‘‘(B) made available in the employee’s pri5 mary language. 

6 ‘‘(2) MODIFICATION DISCLOSURES.—Not later 

7 than the earlier of 5 days after the date on which 

8 any of the information described in paragraph (3) 

9 changes with respect to an employee described in 

10 paragraph (1) or the date of the next paystub fol11 lowing the date on which such information changes, 

12 the employer of such employee shall provide the em13 ployee with a modification disclosure containing all 

14 the information described in paragraph (3). 

15 ‘‘(3) INFORMATION.—The information de16 scribed in this paragraph shall include— 

17 ‘‘(A) the rate of pay and whether the em18 ployee is paid by the hour, shift, day, week, or 

19 job, or by salary, piece rate, commission, or 

20 other form of compensation; 

21 ‘‘(B)(i) an indication of whether the em22 ployee is being classified by the employer as an 

23 employee subject to the minimum wage require24 ments of section 6 or as an employee that is ex25 empt from (or otherwise not subject to) such 


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1 requirements as provided under section 

2 3(m)(2), 6, 13, or 14; and 

3 ‘‘(ii) in the case that such employee is not 

4 classified as being an employee subject to such 

5 minimum wage requirements, an identification 

6 of the section described in clause (i) providing 

7 for such classification; 

8 ‘‘(C)(i) an indication of whether the em9 ployee is being classified by the employer as an 

10 employee subject to the overtime compensation 

11 requirements of section 7 or as an employee ex12 empt from such requirements as provided under 

13 section 7 or 13; and 

14 ‘‘(ii) in the case that such employee is not 

15 classified as being an employee subject to such 

16 overtime compensation requirements, an identi17 fication of the section described in clause (i) 

18 providing for such classification; 

19 ‘‘(D) the name of the employer and any 

20 other name used by the employer to conduct 

21 business; and 

22 ‘‘(E) the physical address of and telephone 

23 number for the employer’s main office or prin24 cipal place of business, and a mailing address 

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1 ing address is different than the physical ad2 dress. 

3 ‘‘(b) PAYSTUBS.— 

4 ‘‘(1) IN GENERAL.—Every employer shall pro5 vide each employee of such employer who in any 

6 workweek is engaged in commerce or in the produc7 tion of goods for commerce, or is employed in an en8 terprise engaged in commerce or in the production 

9 of goods for commerce, a paystub that corresponds 

10 to work performed by the employee during the appli11 cable pay period and contains the information re12 quired under paragraph (3) in any form provided 

13 under paragraph (2). 

14 ‘‘(2) FORMS.—A paystub required under this 

15 subsection shall be a written statement and may be 

16 provided in any of the following forms: 

17 ‘‘(A) As a separate document accom18 panying any payment to an employee for work 

19 performed during the applicable pay period. 

20 ‘‘(B) In the case of an employee who re21 ceives paychecks from the employer, as a de22 tachable statement accompanying each pay23 check. 

24 ‘‘(C) As a digital document provided 

25 through electronic communication, subject to 


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1 the employee affirmatively consenting to receive 

2 the paystubs in this form. 

3 ‘‘(3) CONTENTS.—Each paystub shall contain 

4 all of the following information: 

5 ‘‘(A) The name of the employee. 

6 ‘‘(B) Except in the case of an employee 

7 who is exclusively paid a salary and is exempt 

8 from the overtime requirements of section 7, 

9 the total number of hours worked by the em10 ployee, including the number of hours worked 

11 per workweek, during the applicable pay period. 

12 ‘‘(C) The total gross and net wages paid, 

13 and, except in the case of an employee who is 

14 exclusively paid a salary and is exempt from the 

15 overtime requirements of section 7, the rate of 

16 pay for each hour worked during the applicable 

17 pay period. 

18 ‘‘(D) In the case of an employee who is 

19 paid any salary, the amount of any salary paid 

20 during the applicable pay period. 

21 ‘‘(E) In the case of an employee employed 

22 at piece rates, the number of piece rate units 

23 earned, the applicable piece rates, and the total 

24 amount paid to the employee per workweek for 


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1 the applicable pay period in accordance with 

2 such piece rates. 

3 ‘‘(F) The rate of pay per workweek of the 

4 employee during the applicable pay period and 

5 an explanation of the basis for such rate. 

6 ‘‘(G) The number of overtime hours per 

7 workweek worked by the employee during the 

8 applicable pay period and the compensation re9 quired under section 7 that is provided to the 

10 employee for such hours. 

11 ‘‘(H) Any additional compensation pro12 vided to the employee during the applicable pay 

13 period, with an explanation of each type of com14 pensation, including any allowances or reim15 bursements such as amounts related to meals, 

16 clothing, lodging, or any other item, and any 

17 cost to the employee associated with such allow18 ance or reimbursements. 

19 ‘‘(I) Itemized deductions from the gross in20 come of the employee during the applicable pay 

21 period, and an explanation for each deduction. 

22 ‘‘(J) The date that is the beginning of the 

23 applicable pay period and the date that is the 

24 end of such applicable pay period. 


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1 ‘‘(K) The name of the employer and any 

2 other name used by the employer to conduct 

3 business. 

4 ‘‘(L) The name and phone number of a 

5 representative of the employer for contact pur6 poses. 

7 ‘‘(M) Any additional information that the 

8 Secretary reasonably requires to be included 

9 through notice and comment rulemaking. 

10 ‘‘(c) FINAL PAYMENTS.— 

11 ‘‘(1) IN GENERAL.—Not later than 14 days 

12 after an individual described in paragraph (4) termi13 nates employment with an employer (by action of 

14 the employer or the individual), or on the date on 

15 which such employer pays other employees for the 

16 pay period during which the individual so terminates 

17 such employment, whichever date is earlier, the em18 ployer shall provide the individual with a final pay19 ment, which includes all compensation due to such 

20 individual for all time worked and benefits incurred 

21 (including retirement, health, leave, fringe, and 

22 other benefits) by the individual as an employee for 

23 the employer. 

24 ‘‘(2) CONTINUING WAGES.—An employer who 

25 violates the requirement under paragraph (1) shall, 


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1 for each day, not to exceed 30 days, of such violation 

2 provide the individual described in paragraph (4) 

3 with compensation at a rate that is equal to the reg4 ular rate of compensation, as determined under this 

5 Act, to which such individual was entitled when such 

6 individual was an employee of such employer. 

7 ‘‘(3) LIMITATION.—Notwithstanding para8 graphs (1) and (2), any individual described in para9 graph (4) who intentionally avoids receiving a final 

10 payment described in paragraph (1), or who refuses 

11 to receive the final payment when fully tendered, re12 sulting in the employer violating the requirement 

13 under such paragraph, shall not be entitled to the 

14 compensation provided under paragraph (2) for the 

15 time during which the individual so avoids final pay16 ment or refuses to receive the final payment. 

17 ‘‘(4) INDIVIDUAL.—An individual described in 

18 this paragraph is an individual who was employed by 

19 the employer, and through such employment, in any 

20 workweek, was engaged in commerce or in the pro21 duction of goods for commerce, or was employed in 

22 an enterprise engaged in commerce or in the produc23 tion of goods for commerce.’’. 


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1 SEC. 102. RIGHT TO FULL COMPENSATION. 

2 (a) IN GENERAL.—The Fair Labor Standards Act of 

3 1938 is amended by inserting after section 7 (29 U.S.C. 

4 207) the following: 

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

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

7 contract or other employment agreement, including a col8 lective bargaining agreement, that specifies that an em9 ployer shall compensate an employee (who is described in 

10 subsection (b)) at a rate that is higher than the rate other11 wise required under this Act, the employer shall com12 pensate such employee at the rate specified in such con13 tract or other employment agreement. 

14 ‘‘(b) EMPLOYEE ENGAGED IN COMMERCE.—The re15 quirement under subsection (a) shall apply with respect 

16 to any employee who in any workweek is engaged in com17 merce or in the production of goods for commerce, or is 

18 employed in an enterprise engaged in commerce or in the 

19 production of goods for commerce.’’. 

20 (b) CONFORMING AMENDMENT.—The Fair Labor 

21 Standards Act of 1938 is amended by repealing section 

22 10 (29 U.S.C. 210). 

23 SEC. 103. CIVIL AND CRIMINAL ENFORCEMENT. 

24 (a) PROHIBITED ACTS.—Section 15(a) of the Fair 

25 Labor Standards Act of 1938 (29 U.S.C. 215(a)) is 

26 amended— 


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1 (1) in paragraph (1), by striking ‘‘section 6 or 

2 section 7’’ and inserting ‘‘section 6, 7, or 8’’; and 

3 (2) in paragraph (2), by striking ‘‘section 6 or 

4 section 7’’ and inserting ‘‘section 5, 6, 7, or 8’’. 

5 (b) DAMAGES.—The Fair Labor Standards Act of 

6 1938 (29 U.S.C. 201 et seq.) is amended— 

7 (1) in section 4(f) (29 U.S.C. 204(f)), in the 

8 third sentence, by striking ‘‘for unpaid minimum 

9 wages, or unpaid overtime compensation, and liq10 uidated damages’’ and inserting ‘‘for unpaid wages, 

11 or unpaid overtime compensation, as well as interest 

12 and liquidated damages,’’; 

13 (2) in section 6(d)(3) (29 U.S.C. 206(d)(3)), by 

14 striking ‘‘minimum’’; 

15 (3) in section 16 (29 U.S.C. 216)— 

16 (A) in subsection (b)— 

17 (i) by striking ‘‘section 6 or section 7’’ 

18 each place it appears and inserting ‘‘sec19 tion 6, 7, or 8’’; 

20 (ii) by striking ‘‘minimum’’ each place 

21 it appears; 

22 (iii) in the first sentence, by striking 

23 ‘‘and in an additional equal amount as liq24 uidated damages’’ and inserting ‘‘, the 

25 amount of any interest on such unpaid 


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1 wages or unpaid overtime compensation ac2 crued at the prevailing rate, and an addi3 tional amount as liquidated damages that 

4 is equal to (subject to the second sentence 

5 of this subsection) 2 times such amount of 

6 unpaid wages or unpaid overtime com7 pensation’’; 

8 (iv) in the second sentence, by strik9 ing ‘‘wages lost and an additional equal 

10 amount as liquidated damages’’ and insert11 ing ‘‘wages lost, including any unpaid 

12 wages or any unpaid overtime compensa13 tion, the amount of any interest on such 

14 wages lost accrued at the prevailing rate, 

15 and an additional amount as liquidated 

16 damages that is equal to 3 times the 

17 amount of such wages lost’’; 

18 (v) by striking the fifth sentence; and 

19 (vi) by adding at the end the fol20 lowing: ‘‘Notwithstanding chapter 1 of title 

21 9, United States Code (commonly known 

22 as the ‘Federal Arbitration Act’), or any 

23 other law, the right to bring an action, in24 cluding a joint, class, or collective claim, in 

25 court under this section cannot be waived 


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1 by an employee as a condition of employ2 ment or in a predispute arbitration agree3 ment.’’; and 

4 (B) in subsection (c)— 

5 (i) by striking ‘‘minimum’’ each place 

6 the term appears; 

7 (ii) in the first sentence— 

8 (I) by striking ‘‘section 6 or 7’’ 

9 and inserting ‘‘section 6, 7, or 8’’; and 

10 (II) by striking ‘‘and an addi11 tional equal amount as liquidated 

12 damages’’ and inserting ‘‘, any inter13 est on such unpaid wages or unpaid 

14 overtime compensation accrued at the 

15 prevailing rate, and an additional 

16 amount as liquidated damages that is 

17 equal to (subject to the third sentence 

18 of this subsection) 2 times such 

19 amount of unpaid wages or unpaid 

20 overtime compensation’’; 

21 (iii) in the second sentence, by strik22 ing ‘‘and an equal amount as liquidated 

23 damages.’’ and inserting ‘‘, any interest on 

24 such unpaid wages or unpaid overtime 

25 compensation accrued at the prevailing 


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1 rate, and an additional amount as liq2 uidated damages that is equal to (subject 

3 to the third sentence of this subsection) 2 

4 times such amount of unpaid wages or un5 paid overtime compensation. In the event 

6 that the employer violates section 15(a)(3), 

7 the Secretary may bring an action in any 

8 court of competent jurisdiction to recover 

9 the amount of any wages lost, including 

10 any unpaid wages or any unpaid overtime 

11 compensation, any interest on such wages 

12 lost accrued at the prevailing rate, an addi13 tional amount as liquidated damages that 

14 is equal to 3 times the amount of such 

15 wages lost, and any such legal or equitable 

16 relief as may be appropriate.’’; and 

17 (iv) in the fourth sentence, by striking 

18 ‘‘sections 6 and 7’’ and inserting ‘‘section 

19 6, 7, or 8’’; and 

20 (4) in section 17 (29 U.S.C. 217), by striking 

21 ‘‘minimum’’. 

22 (c) CIVIL FINES.—Section 16(e) of the Fair Labor 

23 Standards Act of 1938 (29 U.S.C. 216(e)) is amended— 

24 (1) by striking paragraph (2) and inserting the 

25 following: 


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1 ‘‘(2)(A) Subject to subparagraph (B), any per2 son who violates section 6, 7, or 8, relating to wages, 

3 shall be subject to a civil fine that is not to exceed 

4 $22,030 per each employee affected for each initial 

5 violation of such section. 

6 ‘‘(B) Any person who repeatedly or willfully vio7 lates section 6, 7, or 8, relating to wages, shall be 

8 subject to a civil fine that is not to exceed $110,150 

9 per each employee affected for each such violation. 

10 ‘‘(C) Any person who violates section 

11 3(m)(2)(B) shall be subject to a civil penalty not to 

12 exceed $12,340 for each such violation, as the Sec13 retary determines appropriate, in addition to being 

14 liable to the employee or employees affected for all 

15 tips unlawfully kept, any interest on such wages lost 

16 accrued at the prevailing rate, and an additional 

17 amount as liquidated damages that is equal to 2 

18 times the amount of such wages lost, as described in 

19 subsection (b).’’; 

20 (2) by redesignating paragraphs (3), (4), and 

21 (5) as paragraphs (5), (6), and (7), respectively; and 

22 (3) by inserting after paragraph (2) the fol23 lowing: 

24 ‘‘(3) Any person who violates subsection (a) or 

25 (b) of section 5 shall— 


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1 ‘‘(A) for the initial violation of such sub2 section, be subject to a civil fine that is not to 

3 exceed $50 per each employee affected; and 

4 ‘‘(B) for each repeated or willful violation 

5 of such subsection, be subject to a civil fine that 

6 is not to exceed $100 per each employee af7 fected. 

8 ‘‘(4) Any person who violates section 11(c) 

9 shall— 

10 ‘‘(A) for the initial violation, be subject to 

11 a civil fine that is not to exceed $1,000 per 

12 each employee affected; and 

13 ‘‘(B) for each repeated or willful violation, 

14 be subject to a civil fine that is not to exceed 

15 $5,000 per each employee affected.’’. 

16 (d) CRIMINAL PENALTIES.—Section 16(a) of the 

17 Fair Labor Standards Act of 1938 (29 U.S.C. 216(a)) is 

18 amended— 

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

20 Any person’’; 

21 (2) in the first sentence, by striking ‘‘$10,000’’ 

22 and inserting ‘‘$10,000 per each employee affected’’; 

23 (3) in the second sentence, by striking ‘‘No per24 son’’ and inserting ‘‘Subject to paragraph (2), no 

25 person’’; and 


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

2 ‘‘(2)(A) Notwithstanding any other provision of this 

3 Act, the Secretary shall refer any case involving a covered 

4 offender described in subparagraph (B) to the Department 

5 of Justice for prosecution. 

6 ‘‘(B) A covered offender described in this subpara7 graph is a person who willfully violates each of the fol8 lowing: 

9 ‘‘(i) Section 11(c) by falsifying any records de10 scribed in such section. 

11 ‘‘(ii) Section 6, 7, or 8, relating to wages. 

12 ‘‘(iii) Section 15(a)(3).’’. 

13 SEC. 104. RECORDKEEPING. 

14 (a) IN GENERAL.—Section 11(c) of the Fair Labor 

15 Standards Act of 1938 (29 U.S.C. 211(c)) is amended by 

16 adding at the end the following: ‘‘In the event that an em17 ployee requests an inspection of the records described in 

18 this subsection that pertain to such employee from the em19 ployer, orally or in writing, the employer shall provide the 

20 employee with a copy of the records for a period of up 

21 to 5 years prior to such request being made. Not later 

22 than 21 days after an employee requests such an inspec23 tion, the employer shall comply with the request. 


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1 (b) REBUTTABLE PRESUMPTION.—Section 15 of the 

2 Fair Labor Standards Act of 1938 (29 U.S.C. 215) is 

3 amended by adding at the end the following: 

4 ‘‘(c) In the event that an employer violates section 

5 11(c) and any regulations issued pursuant to such section, 

6 resulting in a lack of a complete record of an employee’s 

7 hours worked or wages owed, the employee’s production 

8 of credible evidence and testimony regarding the amount 

9 or extent of the work for which the employee was not com10 pensated in compliance with the requirements under this 

11 Act shall be sufficient to create a rebuttable presumption 

12 that the employee’s records are accurate. Such presump13 tion shall be rebutted only if the employer produces evi14 dence of the precise amount or extent of work performed 

15 or evidence to show that the inference drawn from the em16 ployee’s evidence is not reasonable.’’. 

17 TITLE II—AMENDMENTS TO THE 

18 PORTAL-TO-PORTAL ACT OF 1947 

19 SEC. 201. INCREASING AND TOLLING STATUTE OF LIMITA20 TIONS. 

21 Section 6 of the Portal-to-Portal Act of 1947 (29 

22 U.S.C. 255) is amended— 

23 (1) in the matter preceding subsection (a), by 

24 striking ‘‘minimum’’; 

25 (2) in subsection (a)— 


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1 (A) by striking ‘‘may be commenced within 

2 two years’’ and inserting ‘‘may be commenced 

3 within 4 years’’; 

4 (B) by striking ‘‘unless commenced within 

5 two years’’ and inserting ‘‘unless commenced 

6 within 4 years’’; and 

7 (C) by striking ‘‘may be commenced within 

8 three years’’ and inserting ‘‘may be commenced 

9 within 5 years’’; 

10 (3) in subsection (d), by striking the period and 

11 inserting ‘‘; and’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(e) with respect to the running of any statutory pe14 riod of limitation described in this section, the running 

15 of such statutory period shall be deemed suspended during 

16 the period beginning on the date on which the Secretary 

17 of Labor notifies an employer of an initiation of an inves18 tigation or enforcement action and ending on the date on 

19 which the Secretary notifies the employer that the matter 

20 has been officially resolved by the Secretary.’’. 

21 TITLE III—WAGE THEFT PRE22 VENTION AND WAGE RECOV23 ERY GRANT PROGRAM 

24 SEC. 301. DEFINITIONS. 

25 In this title: 


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1 (1) ADMINISTRATOR.—The term the ‘‘Adminis2 trator’’ means the Administrator of the Wage and 

3 Hour Division of the Department of Labor. 

4 (2) COMMUNITY PARTNER.—The term ‘‘com5 munity partner’’ means any stakeholder with a com6 mitment to enforcing wage and hour laws and pre7 venting abuses of such laws, including any— 

8 (A) State department of labor; 

9 (B) attorney general of a State, or other 

10 similar authorized official of a political subdivi11 sion thereof; 

12 (C) law enforcement agency; 

13 (D) consulate; 

14 (E) employee or advocate of employees, in15 cluding a labor organization, community- and 

16 faith-based organization, business association, 

17 or nonprofit legal aid organization; 

18 (F) academic institution that plans, coordi19 nates, and implements programs and activities 

20 to prevent wage and hour violations and recover 

21 unpaid wages, damages, and penalties; or 

22 (G) any municipal agency responsible for 

23 the enforcement of local wage and hour laws. 


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1 (3) COMMUNITY PARTNERSHIP.—The term 

2 ‘‘community partnership’’ means a partnership be3 tween— 

4 (A) a working group consisting of commu5 nity partners; and 

6 (B) the Department of Labor. 

7 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti8 ty’’ means an entity that is any of the following: 

9 (A) A nonprofit organization, including 

10 such an organization that is a community-based 

11 organization, faith-based organization, or labor 

12 organization, that provides services and support 

13 to employees, including assisting such employ14 ees in recovering unpaid wages. 

15 (B) An employer. 

16 (C) A business association. 

17 (D) An institution of higher education, as 

18 defined by section 101 of the Higher Education 

19 Act of 1965 (20 U.S.C. 1001). 

20 (E) A partnership between any of the enti21 ties described in subparagraphs (A) through 

22 (D). 

23 (5) EMPLOY; EMPLOYEE; EMPLOYER.—The 

24 terms ‘‘employ’’, ‘‘employee’’, and ‘‘employer’’ have 


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1 the meanings given such terms in section 3 of the 

2 Fair Labor Standards Act of 1938 (29 U.S.C. 203). 

3 (6) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Labor. 

5 (7) STRATEGIC ENFORCEMENT.—The term 

6 ‘‘strategic enforcement’’ means the process by which 

7 the Secretary— 

8 (A) targets highly noncompliant industries, 

9 as identified by the Secretary, using industry10 specific structures to influence, and ultimately 

11 reform, networks of interconnected employers; 

12 (B) analyzes regulatory regimes under 

13 which specific industries operate; and 

14 (C) modifies the enforcement approach of 

15 such regulatory regimes in order to ensure the 

16 greatest impact. 

17 (8) WAGE AND HOUR LAW.—The term ‘‘wage 

18 and hour law’’ means any Federal law enforced by 

19 the Wage and Hour Division of the Department of 

20 Labor, including any provision of this Act enforced 

21 by such division. 

22 (9) WAGE AND HOUR VIOLATION.—The term 

23 ‘‘wage and hour violation’’ refers to any violation of 

24 a Federal law enforced by the Wage and Hour DiviVerDate Sep 11 2014 18:47 Sep 13, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2769.IS S2769

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1 sion of the Department of Labor, including any pro2 vision of this Act enforced by such division. 

3 SEC. 302. WAGE THEFT PREVENTION AND WAGE RECOVERY 

4 GRANT PROGRAM. 

5 (a) IN GENERAL.—The Secretary, acting through the 

6 Administrator, shall provide grants to eligible entities to 

7 assist such entities in enhancing the enforcement of wage 

8 and hour laws, in accordance with this section and con9 sistent with the purposes of this Act. 

10 (b) GRANTS.—A grant provided under this section 

11 shall be designed to— 

12 (1) support an eligible entity in establishing 

13 and supporting the activities described in subsection 

14 (c)(1); and 

15 (2) develop community partnerships to expand 

16 and improve cooperative efforts between enforcement 

17 agencies and members of the community to— 

18 (A) prevent and reduce wage and hour vio19 lations; and 

20 (B) assist employees in recovering back 

21 pay for any such violations. 

22 (c) USE OF FUNDS.— 

23 (1) PERMISSIBLE ACTIVITIES.—The grants de24 scribed in this section shall assist eligible entities in 

25 establishing and supporting activities that include— 


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1 (A) disseminating information and con2 ducting outreach and training to educate em3 ployees about their rights under wage and hour 

4 laws; 

5 (B) conducting educational training for 

6 employers about their obligations under wage 

7 and hour laws; 

8 (C) conducting orientations and trainings 

9 jointly with officials of the Wage and Hour Di10 vision of the Department of Labor; 

11 (D) providing assistance to employees in 

12 filing claims of wage and hour violations; 

13 (E) assisting enforcement agencies in con14 ducting investigations, including in the collec15 tion of evidence and recovering back pay; 

16 (F) monitoring compliance with wage and 

17 hour laws; 

18 (G) performing joint visitations to work19 sites that violate wage and hour laws with offi20 cials from the Wage and Hour Division of the 

21 Department of Labor; 

22 (H) establishing networks for education, 

23 communication, and participation in the work24 place and community; 


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1 (I) evaluating the effectiveness of pro2 grams designed to prevent wage and hour viola3 tions and enforce wage and hour laws; 

4 (J) recruiting and hiring of staff and vol5 unteers; 

6 (K) production and dissemination of out7 reach and training materials; and 

8 (L) any other activities as the Secretary 

9 may reasonably prescribe through notice and 

10 comment rulemaking. 

11 (2) PROHIBITED ACTIVITIES.—Notwithstanding 

12 paragraph (1), an eligible entity receiving a grant 

13 under this section may not use the grant funds for 

14 any purpose reasonably prohibited by the Secretary 

15 through notice and comment rulemaking. 

16 (d) TERM OF GRANTS.—Each grant made under this 

17 section shall be available for expenditure for a period that 

18 is not to exceed 3 years. 

19 (e) APPLICATIONS.— 

20 (1) IN GENERAL.—An eligible entity seeking a 

21 grant under this section shall submit an application 

22 for such grant to the Secretary in accordance with 

23 this subsection. 

24 (2) PARTNERSHIPS.—In the case of an eligible 

25 entity that is a partnership described in section 


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1 301(4)(E), the eligible entity may submit a joint ap2 plication that designates a single entity as the lead 

3 entity for purposes of receiving and disbursing 

4 funds. 

5 (3) CONTENTS.—An application under this sub6 section shall include— 

7 (A) a description of a plan for the program 

8 that the eligible entity proposes to carry out 

9 with a grant under this section, including a 

10 long-term strategy and detailed implementation 

11 plan that reflects expected participation of, and 

12 partnership with, community partners; 

13 (B) information on the prevalence of wage 

14 and hour violations in each community or State 

15 of the eligible entity; 

16 (C) information on any industry or geo17 graphic area targeted by the plan for such pro18 gram; 

19 (D) information on the type of outreach 

20 and relationship building that will be conducted 

21 under such program; 

22 (E) information on the training and edu23 cation that will be provided to employees and 

24 employers under such program; and 


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1 (F) the method by which the eligible entity 

2 will measure results of such program. 

3 (f) SELECTION.— 

4 (1) COMPETITIVE BASIS.—In accordance with 

5 this subsection, the Secretary shall, on a competitive 

6 basis, select grant recipients from among eligible en7 tities that have submitted an application under sub8 section (e). 

9 (2) PRIORITY.—In selecting grant recipients 

10 under paragraph (1), the Secretary shall give pri11 ority to eligible entities that— 

12 (A) serve employees in any industry or ge13 ographic area that is most highly at risk for 

14 noncompliance with wage and hour violations, 

15 as identified by the Secretary; and 

16 (B) demonstrate past and ongoing work to 

17 prevent wage and hour violations or to recover 

18 unpaid wages. 

19 (3) OTHER CONSIDERATIONS.—In selecting 

20 grant recipients under paragraph (1), the Secretary 

21 shall also consider— 

22 (A) the prevalence of ongoing community 

23 support for each eligible entity, including finan24 cial and other contributions; and 


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1 (B) the eligible entity’s past and ongoing 

2 partnerships with other organizations. 

3 (g) MEMORANDA OF UNDERSTANDING.— 

4 (1) IN GENERAL.—Not later than 60 days after 

5 receiving a grant under this section, the grant recipi6 ent shall negotiate and finalize with the Secretary a 

7 memorandum of understanding that sets forth spe8 cific goals, objectives, strategies, and activities that 

9 will be carried out under the grant by such recipient 

10 through a community partnership. 

11 (2) SIGNATURES.—A representative of the 

12 grant recipient (or, in the case of a grant recipient 

13 that is an eligible entity described in section 

14 301(4)(E), a representative of each entity that 

15 composes the grant recipient) and the Secretary 

16 shall sign the memorandum of understanding under 

17 this subsection. 

18 (3) REVISIONS.—The memorandum of under19 standing under this subsection shall be reviewed and 

20 revised by the grant recipient and the Secretary each 

21 year of the duration of the grant. 

22 (h) PERFORMANCE EVALUATIONS.— 

23 (1) IN GENERAL.—Each grant recipient under 

24 this section shall develop procedures for reporting, 

25 monitoring, measuring, and evaluating the activities 


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1 of each program or project funded under this sec2 tion. 

3 (2) GUIDELINES.—The procedures required 

4 under paragraph (1) shall be in accordance with 

5 guidelines established by the Secretary. 

6 (i) REVOCATION OR SUSPENSION OF FUNDING.—If 

7 the Secretary determines that a recipient of a grant under 

8 this section is not in compliance with the terms and re9 quirements of the memorandum of understanding under 

10 subsection (g), the Secretary may revoke or suspend (in 

11 whole or in part) the funding of the grant. 

12 (j) USE OF COMPONENTS.—In addition to the Wage 

13 and Hour Division, the Secretary (acting through the Ad14 ministrator) may use any division or agency of the Depart15 ment of Labor in carrying out this title. 

16 SEC. 303. GAO STUDY. 

17 (a) IN GENERAL.—The Comptroller General of the 

18 United States shall conduct a study to identify successful 

19 programs carried out by grants under section 302, and 

20 the elements, policies, or procedures of such programs that 

21 can be replicated by other programs carried out by grants 

22 under such section. 

23 (b) REPORT.—Not later than 3 years after the date 

24 of enactment of this Act, the Comptroller General of the 

25 United States shall submit a report to the Secretary and 


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1 Congress containing the results of the study conducted 

2 under subsection (a). 

3 (c) USE OF INFORMATION.—The Secretary shall use 

4 information contained in the report submitted under sub5 section (b)— 

6 (1) to improve the quality of community part7 nership programs assisted or carried out under this 

8 title that are in existence as of the publication of the 

9 report; and 

10 (2) to develop models for new community part11 nership programs to be assisted or carried out under 

12 this title. 

13 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 

14 There is authorized to be appropriated $50,000,000 

15 for fiscal year 2024 and for each subsequent fiscal year 

16 through fiscal year 2027, to remain available until ex17 pended, to carry out the grant program under section 302. 

18 TITLE IV—REGULATIONS AND 

19 EFFECTIVE DATE 

20 SEC. 401. REGULATIONS. 

21 Not later than 18 months after the date of enactment 

22 of this Act, the Secretary of Labor shall promulgate such 

23 regulations as are necessary to carry out this Act, and 

24 the amendments made by this Act. 


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1 SEC. 402. EFFECTIVE DATE. 

2 The amendments made by titles I and II shall take 

3 effect on the date that is the earlier of— 

4 (1) the date that is 6 months after the date on 

5 which the final regulations are promulgated by the 

6 Secretary of Labor under section 401; and 

7 (2) the date that is 18 months after the date 

8 of enactment of this Act. 

Æ 


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