Child Labor Prevention Act

To amend the Fair Labor Standards Act of 1938 to apply child labor laws to independent contractors, increase penalties for child labor law violations, and for other purposes. 1. Short title This Act may be cited as the Child Labor Prevention Act 2. Amendments to the Fair Labor Standards Act of 1938 (a) Application to workers The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (1) in section 3 ( 29 U.S.C. 203 (A) in subsection (d)— (i) by striking Employer (1) Employer (ii) by inserting (or, for purposes of any child labor provision of this Act, including paragraph (2), subsection (aa), section 12, and any provision of this Act administering or enforcing such a child labor provision, a worker) employee (iii) by adding at the end the following: (2) Notwithstanding any other provision in this section, for purposes of any child labor provision of this Act, including subsections (l) and (aa), section 12, and any provision of this Act administering or enforcing such a child labor provision, the term employer ; (B) in subsection (j)— (i) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, worker) employee (ii) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, engaged for work) was employed (C) in subsection (l)— (i) by striking employment under work under (ii) by striking employee worker (iii) by striking is employed by performs work for (iv) by striking employing engaging for work (v) by striking employment of engagement for work of (vi) by striking employment in engagement for work in (vii) by striking employees workers (viii) by striking such employment such work (D) in subsection (s), by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, workers) employees (E) by adding at the end the following: (z) Work (aa) Worker ; (2) in section 11 ( 29 U.S.C. 211 (A) in subsection (a)— (i) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, work) employment (ii) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, workers) such employees (B) in subsection (c)— (i) by inserting or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, the persons working for the employer employed by him (ii) by inserting (or, for purposes of any such child labor provision of this Act, work) employment (3) in section 12 ( 29 U.S.C. 212 (A) in subsection (b), by striking employment of engagement for work of (B) in subsection (d), by striking employee worker (4) in section 13 ( 29 U.S.C. 213 (A) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A)— (aa) by striking employee worker (bb) by striking employed in engaged for work in (cc) by striking so employed so engaged (II) in subparagraph (A)— (aa) by striking employed by engaged for work by (bb) by striking is employed with is engaged for work with (cc) by striking employees workers (III) in subparagraph (B)— (aa) by striking such employment such engagement for work (bb) by striking employed engaged for work (cc) by striking employee worker (ii) in paragraph (2)— (I) by striking employee worker (II) by striking employed in engaged for work in (III) by striking employment of engagement for work of (IV) by striking employed by so engaged by (iii) in paragraph (3), by striking employed engaged for work (iv) in paragraph (4)— (I) in subparagraph (A)— (aa) in the matter preceding clause (i)— (AA) by striking employment engagement for work (BB) by striking employed engaged for work (bb) in clause (ii), by striking employment engagement for work (cc) in clause (iv), by striking employment engagement for work (dd) in clause (v), by striking employed engaged for work (II) in subparagraph (B), by striking employed engaged for work (v) in paragraph (5)— (I) by striking employee worker (II) by striking employees workers (III) in subparagraph (C)— (aa) in clause (i), by striking employee's worker's (bb) in clause (iii)(I), by striking employment work (vi) in paragraph (6)— (I) in the matter preceding subparagraph (A)— (aa) by striking employees who are under workers who are under (bb) by striking Employee who are 17 Workers who are 17 (II) by striking employee worker (III) by striking employee's worker's (IV) by striking of employment of work (V) in subparagraph (F), by striking employees of workers of (VI) in subparagraph (G), by striking employment engagement for work (vii) in paragraph (7)— (I) in subparagraph (A)(i), by striking employed engaged for work (II) in subparagraph (B), in the matter preceding clause (i), by striking employment engagement for work (B) in subsection (d), by inserting (or, for purposes of section 12, worker) any employee (C) in subsection (f), by inserting (or, for purposes of section 11 (with respect to any child labor provision of this Act) and 12, worker) any employee (5) in section 16(e)(1)(A) ( 29 U.S.C. 216(e)(1)(A) employee worker (6) in section 18C ( 29 U.S.C. 218c (A) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, worker) employee (B) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, of work) employment (b) Civil penalties Section 16(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e)(1) (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking not to exceed of an amount (subject to subparagraph (C)) that is (B) in clause (i), by striking $11,000 not less than $5,000 and not more than $132,270 (C) in clause (ii), by striking $50,000 not less than $25,000 and not more than $601,150 (2) by adding at the end the following: (C) The dollar amounts referred to in clauses (i) and (ii) of subparagraph (A) shall be increased annually, for fiscal year 2024 and every fiscal year thereafter, by the percent increase, if any, in the consumer price index for all urban consumers (all items; United States city average) for the most recent 12-month period for which applicable data is available. . (c) Criminal penalties Section 16(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(a) (1) by striking Any (1) Any (2) by inserting (other than subsection (a)(4) of such section) section 15 (3) by striking subsection paragraph (4) by adding at the end the following: (2) Any person who repeatedly or willfully violates section 15(a)(4) shall upon conviction thereof be subject to a fine of not more than $50,000, or to imprisonment for not more than 1 year, or both. . 3. Effective dates (a) Application to all workers The amendments made by section 2(a) shall take effect on the date that is 90 days after the date of enactment of this Act. (b) Penalties The amendments made by subsections (b) and (c) of section 2 shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act.

Summary: Child Labor Prevention Act This bill extends the prohibitions against child labor to independent contractors and increases the penalties for violations of such laws. Specifically, the bill expands the definition of an employer under the Fair Labor Standards Act of 1938 to include any person engaging an individual for the performance of work (including an independent contractor). The bill also expands the definition of work to include the performance of services for remuneration. Further, the bill replaces the current maximum civil penalty of $11,000 for a violation of the child labor laws with a minimum civil penalty of $5,000 and a maximum of $132,270 (or, in the case of a violation that causes death or serious injury, $25,000 and $601,150, respectively). The civil penalties must be increased annually to match any percent increase in the Consumer Price Index. Repeat or willful offenders may be fined not more than $50,000 and imprisoned for not more than 1 year.