I 

118TH CONGRESS 

1ST SESSION H. R. 5402 

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 HOUSE OF REPRESENTATIVES 

SEPTEMBER 12, 2023 

Ms. DELAURO (for herself, Mr. GRIJALVA, Mr. TAKANO, Ms. BONAMICI, Mr. 

BOWMAN, Mr. DESAULNIER, Ms. STEVENS, Ms. JAYAPAL, Mr. DELUZIO, 

and Mr. POCAN) 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 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, 

3 SECTION 1. SHORT TITLE. 

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

5 and Wage Recovery Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Wage theft occurs when an employer does 

4 not pay an employee for work that the employee has 

5 performed, depriving the worker of wages and earn6 ings to which the worker is legally entitled. This 

7 theft occurs in many forms, including by employers 

8 violating minimum wage requirements, failing to pay 

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

10 failing to provide final payments, misclassifying em11 ployees as being exempt from overtime compensation 

12 or as independent contractors rather than as em13 ployees, and improperly withholding tips. 

14 (2) Wage theft poses a serious and growing 

15 problem across industries for working individuals of 

16 the United States. Wage theft is widespread and is 

17 estimated to cost workers more than 

18 $15,000,000,000 per year. In certain industries, 

19 compliance with Federal wage and hour laws is less 

20 than 50 percent. 

21 (3) Wage theft is closely associated with em22 ployment discrimination, with women, immigrants, 

23 and racial and ethnic minorities being disproportion24 ately affected. Women are significantly more likely 

25 to experience minimum wage violations than men, 

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


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1 experience minimum wage violations as their coun2 terparts born in the United States, and African 

3 Americans are 3 times more likely to experience 

4 minimum wage violations than their White counter5 parts. 

6 (4) Wage theft is closely associated with unsafe 

7 working conditions. 

8 (5) Wage theft— 

9 (A) depresses the wages of working fami10 lies who are already struggling to make ends 

11 meet; 

12 (B) strains social services funds; 

13 (C) diminishes consumer spending power 

14 and hurts local economies; 

15 (D) reduces vital State and Federal tax 

16 revenues; 

17 (E) places law-abiding employers at a com18 petitive disadvantage with noncompliant em19 ployers; 

20 (F) burdens commerce and the free flow of 

21 goods; and 

22 (G) lowers labor standards throughout 

23 labor markets. 

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

25 of suffering from wage theft. A survey of 4,387 lowVerDate Sep 11 2014 18:47 Sep 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5402.IH H5402

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1 wage workers in New York, Los Angeles, and Chi2 cago found that 68 percent of the workers surveyed 

3 had experienced some form of wage theft in the 

4 workweek immediately before the survey was con5 ducted. These workers experienced a range of wage 

6 and hour violations: 26 percent of such workers were 

7 not paid minimum wage; 76 percent of such workers 

8 who worked more than 40 hours in the workweek 

9 immediately before the survey was conducted were 

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

11 the survey was conducted, 43 percent of the workers 

12 who attempted to address such issues by filing a 

13 complaint with their employer or who attempted to 

14 form a labor organization experienced retaliation by 

15 their employers, including by being fired, suspended, 

16 or receiving threats of reductions in their hours or 

17 pay. 

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

19 well as private attorneys recovered at least 

20 $933,000,000 in wage theft enforcement actions, 

21 which was nearly 3 times the value of all bank rob22 beries, residential robberies, convenience store and 

23 gas station robberies, and street robberies in the 

24 United States during that year. 


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

2 in California and New York found that wage theft 

3 deprived workers of 37 percent to 49 percent of 

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

5 the poverty line and driving another 50,000 to 

6 100,000 families deeper into poverty. 

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

8 State of Washington from 2009 to 2013 estimated 

9 that the total economic cost of wage theft to the 

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

11 the lower economic activity and spending of low12 wage workers due to their lost wages. 

13 (10) A Department of Labor study of wage vio14 lations in California and New York found that wage 

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

16 earned income tax credits and resulted in a 

17 $22,000,000 loss in State tax revenue, a 

18 $238,000,000 loss in payroll tax revenue, and a 

19 $113,000,000 loss in Federal income tax revenue. 

20 (11) Barriers to addressing wage theft continue 

21 to exist decades after the enactment of the Fair 

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

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

24 part, because enforcement of such Act has not 

25 worked as Congress originally intended and because 


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1 many of the provisions of such Act do not include 

2 sufficient penalties to discourage violations. Improve3 ments to enforcement and amendments to such Act 

4 are necessary to ensure that such Act provides effec5 tive protection to individuals subject to wage theft. 

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

7 to receive full compensation at the agreed upon wage 

8 rate for all work performed by the employee has re9 sulted in workers being able to recover only the ap10 plicable minimum wage, or the overtime rate if ap11 plicable, when employers engage in wage theft. 

12 (13) The lack of a Federal requirement to pro13 vide employees with paystubs indicating how their 

14 pay is calculated or to allow employees to inspect 

15 their employers’ payroll records significantly impedes 

16 efforts to identify and challenge wage theft. 

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

18 employees their final payments in a timely manner 

19 upon termination of the employment relationship be20 tween the employer and employee has led to unrea21 sonable, and sometimes indefinite, delays in com22 pensation after an employment relationship ends. 

23 (15) While the Fair Labor Standards Act of 

24 1938, and regulations promulgated by the Secretary 

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


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1 enactment of this Act, require employers to com2 pensate employees at the minimum wage rate and to 

3 provide overtime compensation when appropriate, 

4 the lack of civil penalties for most violations of these 

5 requirements has dampened their effectiveness. 

6 (16) While the Fair Labor Standards Act of 

7 1938 and regulations promulgated by the Secretary 

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

9 enactment of this Act, provide employees who are 

10 subject to wage theft with the right to unpaid min11 imum wages or unpaid overtime compensation plus 

12 an additional equal amount as liquidated damages, 

13 this low level of damages has proved insufficient to 

14 deter employers from stealing the wages of their em15 ployees. 

16 (17) While the Fair Labor Standards Act of 

17 1938 and regulations promulgated by the Secretary 

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

19 enactment of this Act, require employers to keep 

20 records of employees’ pay, the lack of remedies be21 yond injunctive relief for this requirement diminishes 

22 the effectiveness of the requirement. 

23 (18) While the Fair Labor Standards Act of 

24 1938 and regulations promulgated by the Secretary 

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


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1 enactment of this Act, provide for limited criminal 

2 penalties when employers violate the provisions of 

3 such Act, the Secretary of Labor rarely resorts to 

4 these penalties, causing them to serve as a hollow 

5 threat. 

6 (19) The statute of limitations under section 6 

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

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

9 of this Act, precludes employees from commencing a 

10 claim for wage theft more than 2 years after the 

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

12 the cause of action accrued if the claim is with re13 spect to a willful violation by the employer. Addition14 ally, the statute of limitations is not automatically 

15 suspended while the Secretary of Labor investigates 

16 a complaint. These strict confines of the statute of 

17 limitations sometimes result in employees being de18 prived of their ability to institute a private lawsuit 

19 against their employer in order to recover their sto20 len wages. 

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

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

23 day before the date of enactment of this Act, re24 quires employees to affirmatively ‘‘opt-in’’ in order 

25 to be a party plaintiff in a collective action brought 


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1 by another aggrieved employee seeking to recover 

2 stolen wages in court. This provision limits the abil3 ity of employees to unite and pursue private lawsuits 

4 against employers. 

5 (21) Under the penalty structure of the Fair 

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

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

8 employers who are caught violating such Act con9 tinue to violate the Act. A Department of Labor in10 vestigation found that one-third of employers who 

11 had previously engaged in wage theft continued to 

12 do so. 

13 (22) The Government Accountability Office and 

14 the Department of Labor have recognized that when 

15 employers are assessed civil penalties, they are more 

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

17 employers in the same region—regardless of indus18 try—are also more likely to comply with the law. 

19 (23) States that have enacted legislation to ad20 dress wage theft by increasing the damages to which 

21 employees are entitled following violations of wage 

22 and hour laws have positively impacted the workers 

23 in such States. However, many States have not en24 acted such legislation and, worse still, some States 

25 do not have any laws protecting workers from wage 


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1 theft or even agencies to enforce workers’ rights to 

2 compensation for work. This discrepancy in State 

3 laws has resulted in a fragmentation of workers’ 

4 rights across the United States, with some workers 

5 having a measure of protection from wage theft and 

6 other workers being left extremely vulnerable to 

7 wage theft. 

8 (24) Effective enforcement of wage and hour 

9 laws is critical to increasing compliance. Given the 

10 limited resources available for enforcement, en11 hanced strategic enforcement of Federal wage and 

12 hour laws is crucial. 

13 (25) For enhanced strategic enforcement to be 

14 effective, government regulators must work with 

15 community stakeholders who have direct knowledge 

16 of ongoing violations of Federal wage and hour re17 quirements and who are in a position to prevent 

18 such violations. 

19 (26) Partnerships between regulators, workers, 

20 nonprofit organizations, and businesses can increase 

21 compliance by educating workers about their rights, 

22 collecting evidence, reporting violations, identifying 

23 noncompliant employers, and modeling good prac24 tices. 


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1 (27) Partnerships between regulators, workers, 

2 nonprofit organizations, and businesses have been 

3 successful in combating wage theft. In 2006, the Di4 vision of Labor Standards Enforcement of the State 

5 of California created a janitorial enforcement team 

6 to work closely with a local janitorial watchdog orga7 nization. As of 2015, the partnership had resulted in 

8 countless administrative, civil, and criminal actions 

9 against employers and in the collection of more than 

10 $68,000,000 in back pay for janitorial workers. 

11 (28) The Comptroller General of the United 

12 States has recommended that the Department of 

13 Labor identify ways to leverage its resources to bet14 ter combat wage theft by improving services pro15 vided through partnerships. 

16 SEC. 3. PURPOSES. 

17 The purposes of this Act are to prevent wage theft 

18 and facilitate the recovery of stolen wages by— 

19 (1) strengthening the penalties for engaging in 

20 wage theft; 

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

22 timely manner, full compensation for the work they 

23 perform, certain disclosures, regular paystubs, and 

24 final payments; 


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1 (3) providing workers with improved tools to re2 cover their stolen wages in court; and 

3 (4) making assistance available to enhance en4 forcement of and compliance with Federal wage and 

5 hour laws through— 

6 (A) supporting initiatives that address and 

7 prevent violations of such laws and assist work8 ers in wage recovery; 

9 (B) supporting individual entities and de10 veloping community partnerships that expand 

11 and improve cooperative efforts between en12 forcement agencies and community-based orga13 nizations in the prevention of wage and hour 

14 violations and enforcement of wage and hour 

15 laws; 

16 (C) expanding outreach to workers in in17 dustries or geographic areas identified by the 

18 Secretary of Labor as highly noncompliant with 

19 Federal wage and hour laws; 

20 (D) improving detection of employers who 

21 are not complying with such laws and aiding in 

22 the identification of violations of such laws; and 

23 (E) facilitating the collection of evidence to 

24 assist enforcement efforts. 


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1 TITLE I—AMENDMENTS TO THE 

2 FAIR LABOR STANDARDS ACT 

3 OF 1938 

4 SEC. 101. REQUIREMENTS TO PROVIDE CERTAIN DISCLO5 SURES, REGULAR PAYSTUBS, AND FINAL PAY6 MENTS. 

7 The Fair Labor Standards Act of 1938 is amended 

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

9 ‘‘SEC. 5. REQUIREMENTS TO PROVIDE CERTAIN DISCLO10 SURES, REGULAR PAYSTUBS, AND FINAL PAY11 MENTS. 

12 ‘‘(a) DISCLOSURES.— 

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

14 days after the date on which an employer hires an 

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

17 or is employed in an enterprise engaged in commerce 

18 or in the production of goods for commerce, the em19 ployer of such employee shall provide such employee 

20 with an initial disclosure containing the information 

21 described in paragraph (3). Such initial disclosure 

22 shall be— 

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

24 the employee so chooses, as a digital document 

25 provided through electronic communication; and 


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1 ‘‘(B) made available in the employee’s pri2 mary language. 

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

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

5 any of the information described in paragraph (3) 

6 changes with respect to an employee described in 

7 paragraph (1) or the date of the next paystub fol8 lowing the date on which such information changes, 

9 the employer of such employee shall provide the em10 ployee with a modification disclosure containing all 

11 the information described in paragraph (3). 

12 ‘‘(3) INFORMATION.—The information de13 scribed in this paragraph shall include— 

14 ‘‘(A) the rate of pay and whether the em15 ployee is paid by the hour, shift, day, week, or 

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

17 other form of compensation; 

18 ‘‘(B)(i) an indication of whether the em19 ployee is being classified by the employer as an 

20 employee subject to the minimum wage require21 ments of section 6 or as an employee that is ex22 empt from (or otherwise not subject to) such 

23 requirements as provided under section 

24 3(m)(2), 6, 13, or 14; and 


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

2 classified as being an employee subject to such 

3 minimum wage requirements, an identification 

4 of the section described in clause (i) providing 

5 for such classification; 

6 ‘‘(C)(i) an indication of whether the em7 ployee is being classified by the employer as an 

8 employee subject to the overtime compensation 

9 requirements of section 7 or as an employee ex10 empt from such requirements as provided under 

11 section 7 or 13; and 

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

13 classified as being an employee subject to such 

14 overtime compensation requirements, an identi15 fication of the section described in clause (i) 

16 providing for such classification; 

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

18 other name used by the employer to conduct 

19 business; and 

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

21 number for the employer’s main office or prin22 cipal place of business, and a mailing address 

23 for such office or place of business if the mail24 ing address is different than the physical ad25 dress. 


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1 ‘‘(b) PAYSTUBS.— 

2 ‘‘(1) IN GENERAL.—Every employer shall pro3 vide each employee of such employer who in any 

4 workweek is engaged in commerce or in the produc5 tion of goods for commerce, or is employed in an en6 terprise engaged in commerce or in the production 

7 of goods for commerce, a paystub that corresponds 

8 to work performed by the employee during the appli9 cable pay period and contains the information re10 quired under paragraph (3) in any form provided 

11 under paragraph (2). 

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

13 subsection shall be a written statement and may be 

14 provided in any of the following forms: 

15 ‘‘(A) As a separate document accom16 panying any payment to an employee for work 

17 performed during the applicable pay period. 

18 ‘‘(B) In the case of an employee who re19 ceives paychecks from the employer, as a de20 tachable statement accompanying each pay21 check. 

22 ‘‘(C) As a digital document provided 

23 through electronic communication, subject to 

24 the employee affirmatively consenting to receive 

25 the paystubs in this form. 


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

2 all of the following information: 

3 ‘‘(A) The name of the employee. 

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

5 who is exclusively paid a salary and is exempt 

6 from the overtime requirements of section 7, 

7 the total number of hours worked by the em8 ployee, including the number of hours worked 

9 per workweek, during the applicable pay period. 

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

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

12 exclusively paid a salary and is exempt from the 

13 overtime requirements of section 7, the rate of 

14 pay for each hour worked during the applicable 

15 pay period. 

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

17 paid any salary, the amount of any salary paid 

18 during the applicable pay period. 

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

20 at piece rates, the number of piece rate units 

21 earned, the applicable piece rates, and the total 

22 amount paid to the employee per workweek for 

23 the applicable pay period in accordance with 

24 such piece rates. 


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

2 employee during the applicable pay period and 

3 an explanation of the basis for such rate. 

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

5 workweek worked by the employee during the 

6 applicable pay period and the compensation re7 quired under section 7 that is provided to the 

8 employee for such hours. 

9 ‘‘(H) Any additional compensation pro10 vided to the employee during the applicable pay 

11 period, with an explanation of each type of com12 pensation, including any allowances or reim13 bursements such as amounts related to meals, 

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

15 cost to the employee associated with such allow16 ance or reimbursements. 

17 ‘‘(I) Itemized deductions from the gross in18 come of the employee during the applicable pay 

19 period, and an explanation for each deduction. 

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

21 applicable pay period and the date that is the 

22 end of such applicable pay period. 

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

24 other name used by the employer to conduct 

25 business. 


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

2 representative of the employer for contact pur3 poses. 

4 ‘‘(M) Any additional information that the 

5 Secretary reasonably requires to be included 

6 through notice and comment rulemaking. 

7 ‘‘(c) FINAL PAYMENTS.— 

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

9 after an individual described in paragraph (4) termi10 nates employment with an employer (by action of 

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

12 which such employer pays other employees for the 

13 pay period during which the individual so terminates 

14 such employment, whichever date is earlier, the em15 ployer shall provide the individual with a final pay16 ment, which includes all compensation due to such 

17 individual for all time worked and benefits incurred 

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

19 other benefits) by the individual as an employee for 

20 the employer. 

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

22 violates the requirement under paragraph (1) shall, 

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

24 provide the individual described in paragraph (4) 

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1 ular rate of compensation, as determined under this 

2 Act, to which such individual was entitled when such 

3 individual was an employee of such employer. 

4 ‘‘(3) LIMITATION.—Notwithstanding para5 graphs (1) and (2), any individual described in para6 graph (4) who intentionally avoids receiving a final 

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

8 to receive the final payment when fully tendered, re9 sulting in the employer violating the requirement 

10 under such paragraph, shall not be entitled to the 

11 compensation provided under paragraph (2) for the 

12 time during which the individual so avoids final pay13 ment or refuses to receive the final payment. 

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

15 this paragraph is an individual who was employed by 

16 the employer, and through such employment, in any 

17 workweek, was engaged in commerce or in the pro18 duction of goods for commerce, or was employed in 

19 an enterprise engaged in commerce or in the produc20 tion of goods for commerce.’’. 

21 SEC. 102. RIGHT TO FULL COMPENSATION. 

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

23 1938 is amended by inserting after section 7 (29 U.S.C. 

24 207) the following: 


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

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

3 contract or other employment agreement, including a col4 lective bargaining agreement, that specifies that an em5 ployer shall compensate an employee (who is described in 

6 subsection (b)) at a rate that is higher than the rate other7 wise required under this Act, the employer shall com8 pensate such employee at the rate specified in such con9 tract or other employment agreement. 

10 ‘‘(b) EMPLOYEE ENGAGED IN COMMERCE.—The re11 quirement under subsection (a) shall apply with respect 

12 to any employee who in any workweek is engaged in com13 merce or in the production of goods for commerce, or is 

14 employed in an enterprise engaged in commerce or in the 

15 production of goods for commerce.’’. 

16 (b) CONFORMING AMENDMENT.—The Fair Labor 

17 Standards Act of 1938 is amended by repealing section 

18 10 (29 U.S.C. 210). 

19 SEC. 103. CIVIL AND CRIMINAL ENFORCEMENT. 

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

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

22 amended— 

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

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

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

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


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

2 1938 (29 U.S.C. 201 et seq.) is amended— 

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

4 third sentence, by striking ‘‘for unpaid minimum 

5 wages, or unpaid overtime compensation, and liq6 uidated damages’’ and inserting ‘‘for unpaid wages, 

7 or unpaid overtime compensation, as well as interest 

8 and liquidated damages,’’; 

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

10 striking ‘‘minimum’’; 

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

12 (A) in subsection (b)— 

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

14 each place it appears and inserting ‘‘sec15 tion 6, 7, or 8’’; 

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

17 it appears; 

18 (iii) in the first sentence, by striking 

19 ‘‘and in an additional equal amount as liq20 uidated damages’’ and inserting ‘‘, the 

21 amount of any interest on such unpaid 

22 wages or unpaid overtime compensation ac23 crued at the prevailing rate, and an addi24 tional amount as liquidated damages that 

25 is equal to (subject to the second sentence 


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1 of this subsection) 2 times such amount of 

2 unpaid wages or unpaid overtime com3 pensation’’; 

4 (iv) in the second sentence, by strik5 ing ‘‘wages lost and an additional equal 

6 amount as liquidated damages’’ and insert7 ing ‘‘wages lost, including any unpaid 

8 wages or any unpaid overtime compensa9 tion, the amount of any interest on such 

10 wages lost accrued at the prevailing rate, 

11 and an additional amount as liquidated 

12 damages that is equal to 3 times the 

13 amount of such wages lost’’; 

14 (v) by striking the fifth sentence; and 

15 (vi) by adding at the end the fol16 lowing: ‘‘Notwithstanding chapter 1 of title 

17 9, United States Code (commonly known 

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

19 other law, the right to bring an action, in20 cluding a joint, class, or collective claim, in 

21 court under this section cannot be waived 

22 by an employee as a condition of employ23 ment or in a predispute arbitration agree24 ment.’’; and 

25 (B) in subsection (c)— 


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

2 the term appears; 

3 (ii) in the first sentence— 

4 (I) by striking ‘‘section 6 or 7’’ 

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

6 (II) by striking ‘‘and an addi7 tional equal amount as liquidated 

8 damages’’ and inserting ‘‘, any inter9 est on such unpaid wages or unpaid 

10 overtime compensation accrued at the 

11 prevailing rate, and an additional 

12 amount as liquidated damages that is 

13 equal to (subject to the third sentence 

14 of this subsection) 2 times such 

15 amount of unpaid wages or unpaid 

16 overtime compensation’’; 

17 (iii) in the second sentence, by strik18 ing ‘‘and an equal amount as liquidated 

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

20 such unpaid wages or unpaid overtime 

21 compensation accrued at the prevailing 

22 rate, and an additional amount as liq23 uidated damages that is equal to (subject 

24 to the third sentence of this subsection) 2 

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1 paid overtime compensation. In the event 

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

3 the Secretary may bring an action in any 

4 court of competent jurisdiction to recover 

5 the amount of any wages lost, including 

6 any unpaid wages or any unpaid overtime 

7 compensation, any interest on such wages 

8 lost accrued at the prevailing rate, an addi9 tional amount as liquidated damages that 

10 is equal to 3 times the amount of such 

11 wages lost, and any such legal or equitable 

12 relief as may be appropriate.’’; and 

13 (iv) in the fourth sentence, by striking 

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

15 6, 7, or 8’’; and 

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

17 ‘‘minimum’’. 

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

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

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

21 following: 

22 ‘‘(2)(A) Subject to subparagraph (B), any per23 son who violates section 6, 7, or 8, relating to wages, 

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


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1 $22,030 per each employee affected for each initial 

2 violation of such section. 

3 ‘‘(B) Any person who repeatedly or willfully vio4 lates section 6, 7, or 8, relating to wages, shall be 

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

6 per each employee affected for each such violation. 

7 ‘‘(C) Any person who violates section 

8 3(m)(2)(B) shall be subject to a civil penalty not to 

9 exceed $12,340 for each such violation, as the Sec10 retary determines appropriate, in addition to being 

11 liable to the employee or employees affected for all 

12 tips unlawfully kept, any interest on such wages lost 

13 accrued at the prevailing rate, and an additional 

14 amount as liquidated damages that is equal to 2 

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

16 subsection (b).’’; 

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

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

19 (3) by inserting after paragraph (2) the fol20 lowing: 

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

22 (b) of section 5 shall— 

23 ‘‘(A) for the initial violation of such sub24 section, be subject to a civil fine that is not to 

25 exceed $50 per each employee affected; and 


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

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

3 is not to exceed $100 per each employee af4 fected. 

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

6 shall— 

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

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

9 each employee affected; and 

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

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

12 $5,000 per each employee affected.’’. 

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

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

15 amended— 

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

17 Any person’’; 

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

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

20 (3) in the second sentence, by striking ‘‘No per21 son’’ and inserting ‘‘Subject to paragraph (2), no 

22 person’’; and 

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

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

25 this Act, the Secretary shall refer any case involving 


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1 a covered offender described in subparagraph (B) to 

2 the Department of Justice for prosecution. 

3 ‘‘(B) A covered offender described in this sub4 paragraph is a person who willfully violates each of 

5 the following: 

6 ‘‘(i) Section 11(c) by falsifying any records 

7 described in such section. 

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

9 ‘‘(iii) Section 15(a)(3).’’. 

10 SEC. 104. RECORDKEEPING. 

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

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

13 adding at the end the following: ‘‘In the event that an em14 ployee requests an inspection of the records described in 

15 this subsection that pertain to such employee from the em16 ployer, orally or in writing, the employer shall provide the 

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

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

19 than 21 days after an employee requests such an inspec20 tion, the employer shall comply with the request.’’. 

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

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

23 amended by adding at the end the following: 

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

25 11(c) and any regulations issued pursuant to such section, 


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

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

3 of credible evidence and testimony regarding the amount 

4 or extent of the work for which the employee was not com5 pensated in compliance with the requirements under this 

6 Act shall be sufficient to create a rebuttable presumption 

7 that the employee’s records are accurate. Such presump8 tion shall be rebutted only if the employer produces evi9 dence of the precise amount or extent of work performed 

10 or evidence to show that the inference drawn from the em11 ployee’s evidence is not reasonable.’’. 

12 TITLE II—AMENDMENTS TO THE 

13 PORTAL-TO-PORTAL ACT OF 1947 

14 SEC. 201. INCREASING AND TOLLING STATUTE OF LIMITA15 TIONS. 

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

17 U.S.C. 255) is amended— 

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

19 striking ‘‘minimum’’; 

20 (2) in subsection (a)— 

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

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

23 within 4 years’’; 


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1 (B) by striking ‘‘unless commenced within 

2 two years’’ and inserting ‘‘unless commenced 

3 within 4 years’’; and 

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

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

6 within 5 years’’; 

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

8 inserting ‘‘; and’’; and 

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

10 ‘‘(e) with respect to the running of any statutory pe11 riod of limitation described in this section, the running 

12 of such statutory period shall be deemed suspended during 

13 the period beginning on the date on which the Secretary 

14 of Labor notifies an employer of an initiation of an inves15 tigation or enforcement action and ending on the date on 

16 which the Secretary notifies the employer that the matter 

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

18 TITLE III—WAGE THEFT PRE19 VENTION AND WAGE RECOV20 ERY GRANT PROGRAM 

21 SEC. 301. DEFINITIONS. 

22 In this title: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Wage and 

25 Hour Division of the Department of Labor. 


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1 (2) COMMUNITY PARTNER.—The term ‘‘com2 munity partner’’ means any stakeholder with a com3 mitment to enforcing wage and hour laws and pre4 venting abuses of such laws, including any— 

5 (A) State department of labor; 

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

7 similar authorized official of a political subdivi8 sion thereof; 

9 (C) law enforcement agency; 

10 (D) consulate; 

11 (E) employee or advocate of employees, in12 cluding a labor organization, community- and 

13 faith-based organization, business association, 

14 or nonprofit legal aid organization; 

15 (F) academic institution that plans, coordi16 nates, and implements programs and activities 

17 to prevent wage and hour violations and recover 

18 unpaid wages, damages, and penalties; or 

19 (G) any municipal agency responsible for 

20 the enforcement of local wage and hour laws. 

21 (3) COMMUNITY PARTNERSHIP.—The term 

22 ‘‘community partnership’’ means a partnership be23 tween— 

24 (A) a working group consisting of commu25 nity partners; and 


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1 (B) the Department of Labor. 

2 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti3 ty’’ means an entity that is any of the following: 

4 (A) A nonprofit organization, including 

5 such an organization that is a community-based 

6 organization, faith-based organization, or labor 

7 organization, that provides services and support 

8 to employees, including assisting such employ9 ees in recovering unpaid wages. 

10 (B) An employer. 

11 (C) A business association. 

12 (D) An institution of higher education, as 

13 defined by section 101 of the Higher Education 

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

15 (E) A partnership between any of the enti16 ties described in subparagraphs (A) through 

17 (D). 

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

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

20 the meanings given such terms in section 3 of the 

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

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

23 the Secretary of Labor. 


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1 (7) STRATEGIC ENFORCEMENT.—The term 

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

3 the Secretary— 

4 (A) targets highly noncompliant industries, 

5 as identified by the Secretary, using industry6 specific structures to influence, and ultimately 

7 reform, networks of interconnected employers; 

8 (B) analyzes regulatory regimes under 

9 which specific industries operate; and 

10 (C) modifies the enforcement approach of 

11 such regulatory regimes in order to ensure the 

12 greatest impact. 

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

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

15 the Wage and Hour Division of the Department of 

16 Labor, including any provision of this Act enforced 

17 by such division. 

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

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

20 a Federal law enforced by the Wage and Hour Divi21 sion of the Department of Labor, including any pro22 vision of this Act enforced by such division. 


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1 SEC. 302. WAGE THEFT PREVENTION AND WAGE RECOVERY 

2 GRANT PROGRAM. 

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

4 Administrator, shall provide grants to eligible entities to 

5 assist such entities in enhancing the enforcement of wage 

6 and hour laws, in accordance with this section and con7 sistent with the purposes of this Act. 

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

9 shall be designed to— 

10 (1) support an eligible entity in establishing 

11 and supporting the activities described in subsection 

12 (c)(1); and 

13 (2) develop community partnerships to expand 

14 and improve cooperative efforts between enforcement 

15 agencies and members of the community to— 

16 (A) prevent and reduce wage and hour vio17 lations; and 

18 (B) assist employees in recovering back 

19 pay for any such violations. 

20 (c) USE OF FUNDS.— 

21 (1) PERMISSIBLE ACTIVITIES.—The grants de22 scribed in this section shall assist eligible entities in 

23 establishing and supporting activities that include— 

24 (A) disseminating information and con25 ducting outreach and training to educate emVerDate Sep 11 2014 18:47 Sep 13, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5402.IH H5402

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1 ployees about their rights under wage and hour 

2 laws; 

3 (B) conducting educational training for 

4 employers about their obligations under wage 

5 and hour laws; 

6 (C) conducting orientations and trainings 

7 jointly with officials of the Wage and Hour Di8 vision of the Department of Labor; 

9 (D) providing assistance to employees in 

10 filing claims of wage and hour violations; 

11 (E) assisting enforcement agencies in con12 ducting investigations, including in the collec13 tion of evidence and recovering back pay; 

14 (F) monitoring compliance with wage and 

15 hour laws; 

16 (G) performing joint visitations to work17 sites that violate wage and hour laws with offi18 cials from the Wage and Hour Division of the 

19 Department of Labor; 

20 (H) establishing networks for education, 

21 communication, and participation in the work22 place and community; 

23 (I) evaluating the effectiveness of pro24 grams designed to prevent wage and hour viola25 tions and enforce wage and hour laws; 


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1 (J) recruiting and hiring of staff and vol2 unteers; 

3 (K) production and dissemination of out4 reach and training materials; and 

5 (L) any other activities as the Secretary 

6 may reasonably prescribe through notice and 

7 comment rulemaking. 

8 (2) PROHIBITED ACTIVITIES.—Notwithstanding 

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

10 under this section may not use the grant funds for 

11 any purpose reasonably prohibited by the Secretary 

12 through notice and comment rulemaking. 

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

14 section shall be available for expenditure for a period that 

15 is not to exceed 3 years. 

16 (e) APPLICATIONS.— 

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

18 grant under this section shall submit an application 

19 for such grant to the Secretary in accordance with 

20 this subsection. 

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

22 entity that is a partnership described in section 

23 301(4)(E), the eligible entity may submit a joint ap24 plication that designates a single entity as the lead 


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1 entity for purposes of receiving and disbursing 

2 funds. 

3 (3) CONTENTS.—An application under this sub4 section shall include— 

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

6 that the eligible entity proposes to carry out 

7 with a grant under this section, including a 

8 long-term strategy and detailed implementation 

9 plan that reflects expected participation of, and 

10 partnership with, community partners; 

11 (B) information on the prevalence of wage 

12 and hour violations in each community or State 

13 of the eligible entity; 

14 (C) information on any industry or geo15 graphic area targeted by the plan for such pro16 gram; 

17 (D) information on the type of outreach 

18 and relationship building that will be conducted 

19 under such program; 

20 (E) information on the training and edu21 cation that will be provided to employees and 

22 employers under such program; and 

23 (F) the method by which the eligible entity 

24 will measure results of such program. 

25 (f) SELECTION.— 


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1 (1) COMPETITIVE BASIS.—In accordance with 

2 this subsection, the Secretary shall, on a competitive 

3 basis, select grant recipients from among eligible en4 tities that have submitted an application under sub5 section (e). 

6 (2) PRIORITY.—In selecting grant recipients 

7 under paragraph (1), the Secretary shall give pri8 ority to eligible entities that— 

9 (A) serve employees in any industry or ge10 ographic area that is most highly at risk for 

11 noncompliance with wage and hour violations, 

12 as identified by the Secretary; and 

13 (B) demonstrate past and ongoing work to 

14 prevent wage and hour violations or to recover 

15 unpaid wages. 

16 (3) OTHER CONSIDERATIONS.—In selecting 

17 grant recipients under paragraph (1), the Secretary 

18 shall also consider— 

19 (A) the prevalence of ongoing community 

20 support for each eligible entity, including finan21 cial and other contributions; and 

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

23 partnerships with other organizations. 

24 (g) MEMORANDA OF UNDERSTANDING.— 


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

2 receiving a grant under this section, the grant recipi3 ent shall negotiate and finalize with the Secretary a 

4 memorandum of understanding that sets forth spe5 cific goals, objectives, strategies, and activities that 

6 will be carried out under the grant by such recipient 

7 through a community partnership. 

8 (2) SIGNATURES.—A representative of the 

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

10 that is an eligible entity described in section 

11 301(4)(E), a representative of each entity that 

12 composes the grant recipient) and the Secretary 

13 shall sign the memorandum of understanding under 

14 this subsection. 

15 (3) REVISIONS.—The memorandum of under16 standing under this subsection shall be reviewed and 

17 revised by the grant recipient and the Secretary each 

18 year of the duration of the grant. 

19 (h) PERFORMANCE EVALUATIONS.— 

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

21 this section shall develop procedures for reporting, 

22 monitoring, measuring, and evaluating the activities 

23 of each program or project funded under this sec24 tion. 


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1 (2) GUIDELINES.—The procedures required 

2 under paragraph (1) shall be in accordance with 

3 guidelines established by the Secretary. 

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

5 the Secretary determines that a recipient of a grant under 

6 this section is not in compliance with the terms and re7 quirements of the memorandum of understanding under 

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

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

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

11 and Hour Division, the Secretary (acting through the Ad12 ministrator) may use any division or agency of the Depart13 ment of Labor in carrying out this title. 

14 SEC. 303. GAO STUDY. 

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

16 United States shall conduct a study to identify successful 

17 programs carried out by grants under section 302, and 

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

19 can be replicated by other programs carried out by grants 

20 under such section. 

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

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

23 United States shall submit a report to the Secretary and 

24 Congress containing the results of the study conducted 

25 under subsection (a). 


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

2 information contained in the report submitted under sub3 section (b)— 

4 (1) to improve the quality of community part5 nership programs assisted or carried out under this 

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

7 report; and 

8 (2) to develop models for new community part9 nership programs to be assisted or carried out under 

10 this title. 

11 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 

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

13 for fiscal year 2024 and for each subsequent fiscal year 

14 through fiscal year 2027, to remain available until ex15 pended, to carry out the grant program under section 302. 

16 TITLE IV—REGULATIONS AND 

17 EFFECTIVE DATE 

18 SEC. 401. REGULATIONS. 

19 Not later than 18 months after the date of enactment 

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

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

22 the amendments made by this Act. 

23 SEC. 402. EFFECTIVE DATE. 

24 The amendments made by titles I and II shall take 

25 effect on the date that is the earlier of— 


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

2 which the final regulations are promulgated by the 

3 Secretary of Labor under section 401; and 

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

5 of enactment of this Act. 

Æ 


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