I
103D CONGRESS
2D SESSION
H. R. 4288
To provide for additional employees in the Wage and Hour Division of
the Department of Labor and to provide for increased damages for
recordkeeping violations under the Fair Labor Standards Act of 1938.
IN THE HOUSE OF REPRESENTATIVES
APRIL 21, 1994
Mr. TORRES (for himself, Mr. BECERRA, Mr. BROWN of California, Mr. DEL-
LUMS, Mr. BERMAN, Mr. PASTOR, Ms. ROYBAL-ALLARD, Mr. STARK, Mr.
FARR, Ms. ESCHOO, Mr. JACOBS, Ms. SCHENK, Mr. TRAFICANT, and Mr.
RICHARDSON) introduced the following bill; which was referred to the
Committee on Education and Labor
A BILL
To provide for additional employees in the Wage and Hour
Division of the Department of Labor and to provide
for increased damages for recordkeeping violations under
the Fair Labor Standards Act of 1938.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Labor Law Enforce-
ment Act of 1994’’.
SEC. 2. ADDITIONAL PERSONNEL.
(a) ADDITIONAL POSITIONS.—Within the Wage and
Hour Division of the Employment Standards Administra-
tion of the Department of Labor, the number of full-time
positions assigned to investigate violations of the Fair
Labor Standards Act of 1938 shall be increased as follows:
(1) For fiscal year 1995, the number of such
full-time positions shall be increased to a number
which is 10 percent over the number of such posi-
tions at the end of fiscal year 1993.
(2) For fiscal years after 1995, the number of
such full-time positions shall be increased each fiscal
year to a number which is 10 percent over the num-
ber of such positions at the end of the previous fiscal
year until the ratio of such number of full-time posi-
tions to the number of employees covered by the
Fair Labor Standards Act of 1938 is equal to the
ratio in effect at the end of fiscal year 1982.
(b) DUTIES.—Individuals employed to fill the addi-
tional positions described in subsection (a) shall be as-
signed in accordance with section 4 of the Fair Labor
Standards Act of 1938 and specifically in areas where the
Secretary of Labor has determined that violation of such
Act are most frequent.
SEC. 3. RECORDKEEPING.
(a) SERVICE CONTRACT ACT OF 1965.—Section 3 of
the Service Contract Act of 1965 (41 U.S.C. 352) is
amended by adding at the end the following:
‘‘(d) Regulations of the Secretary of Labor under sec-
tion 2 of the Act of June 13, 1934 (40 U.S.C.
276c)(known as the Copeland Act) and the enforcement
provisions of section 1001 of title 18, United States Code,
shall apply with respect to a contract subject to section
2(a).’’.
(b) DAMAGES.—
(1) FAIR LABOR STANDARDS ACT OF 1938.—
Section 16(b) of the Fair Labor Standards Act of
1938 (29 U.S.C. 216(b)) is amended by—
(A) inserting after the second sentence the
following: ‘‘Any employer who violates section
15(a)(5) shall be liable for damages equal to
the liquidated damages such employer is liable
for under the first sentence.’’,
(B) by striking out ‘‘in either of the’’ and
inserting in lieu thereof ‘‘in the’’, and
(C) by striking out ‘‘or (2)’’ and inserting
in lieu thereof a comma, and
(D) by adding before the period at the end
the following: ‘‘, or (3) damages are sought as
a result of an alleged violation of section
15(a)(5)’’.
(2) MIGRANT
AND
SEASONAL
AGRICULTURAL
WORKER PROTECTION ACT.—Section 504(c) of the
Migrant and Seasonal Agricultural Worker Protec-
tion Act (29 U.S.C. 1854(c)) is amended by—
(A) by striking out ‘‘and (B)’’ and insert-
ing in lieu thereof ‘‘(B)’’, and
(B) by inserting before the period at the
end the following: ‘‘; and (C) if the violation in-
volved section 201 or 301, the amount of dam-
ages will be twice the amount such respondent
is otherwise liable for under this subsection’’.
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