I 
118TH CONGRESS 
2D SESSION 
H. R. 9337 
To amend the Fair Labor Standards Act of 1938 to provide for increased 
criminal and civil penalties for wage theft. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 9, 2024 
Mr. MAGAZINER (for himself, Ms. BALINT, Mr. BOWMAN, Mr. BOYLE of 
Pennsylvania, Mr. CARSON, Ms. CHU, Mrs. DINGELL, Mr. EVANS, Mr. 
GOLDMAN of New York, Mrs. HAYES, Mr. JACKSON of Illinois, Ms. NOR-
TON, Ms. OCASIO-CORTEZ, Mr. POCAN, Ms. PORTER, Ms. SCHAKOWSKY, 
Mrs. SYKES, Ms. TLAIB, Ms. TOKUDA, Mr. TRONE, and Mrs. WATSON 
COLEMAN) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce 
A BILL 
To amend the Fair Labor Standards Act of 1938 to provide 
for increased criminal and civil penalties for wage theft. 
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 ‘‘Don’t Stand for Tak-
ing Employed Americans’ Livings Act’’ or the ‘‘Don’t 
STEAL Act’’. 
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SEC. 2. RIGHT TO FULL COMPENSATION. 
The Fair Labor Standards Act of 1938 is amended 
by inserting after section 7 (29 U.S.C. 207) the following: 
‘‘SEC. 8. RIGHT TO FULL COMPENSATION. 
‘‘(a) IN GENERAL.—In the case of an employment 
contract or other employment agreement, including a col-
lective bargaining agreement, that specifies that an em-
ployer shall compensate an employee (who is described in 
subsection (b)) at a rate that is higher than the rate other-
wise required under this Act, the employer shall com-
pensate such employee at the rate specified in such con-
tract or other employment agreement. 
‘‘(b) EMPLOYEE ENGAGED IN COMMERCE.—The re-
quirement under subsection (a) shall apply with respect 
to any employee who in any workweek is engaged in com-
merce or in the production of goods for commerce, or is 
employed in an enterprise engaged in commerce or in the 
production of goods for commerce.’’. 
SEC. 3. PENALTIES FOR WAGE THEFT. 
(a) CRIMINAL PENALTIES.—Subsection (a) of section 
16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
216) is amended— 
(1) by striking ‘‘Any person’’ and inserting ‘‘(1) 
Except as provided by paragraph (2), any person’’; 
(2) by striking ‘‘subsection’’ each place it ap-
pears and inserting ‘‘paragraph’’; and 
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(3) by adding at the end the following: 
‘‘(2)(A) Any person who willfully violates section 
3(m)(2)(B), 6, 7, or 8 of this Act, relating to wages, shall 
be— 
‘‘(i) in the case of a violation of section 
3(m)(2)(B), 6, 7, or 8 relating to unpaid wages, or 
unpaid overtime compensation, in an amount greater 
than $1,000, fined in accordance with title 18, 
United States Code, imprisoned for not more than 
5 years, or both; or 
‘‘(ii) in the case of a violation of section 
3(m)(2)(B), 6, 7, or 8 relating to unpaid wages, or 
unpaid overtime compensation, in an amount equal 
to or less than $1,000, fined in accordance with title 
18, United States Code, imprisoned for not more 
than 1 year, or both. 
‘‘(B) In determining the amount of a fine under sub-
paragraph (A), the following factors shall be considered: 
‘‘(i) The gravity of the violation, including the 
number of employees affected and the value of the 
unlawfully kept wages. 
‘‘(ii) Whether the person charged has previously 
been convicted for a violation of section 3(m)(2)(B), 
6, 7, or 8. 
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‘‘(iii) The appropriateness of the penalty given 
the size of the business of the person convicted.’’. 
(b) FUNDS FOR WAGE AND HOUR DIVISION.—Para-
graph (5) of section 16(e) of such Act is amended— 
(1) by inserting ‘‘and fines collected under sub-
section (a)(2) of this section’’ after ‘‘12’’; and 
(2) by adding at the end the following: ‘‘Sums 
collected as fines under subsection (a)(2) shall be 
applied by the Wage and Hour Division of the De-
partment of Labor to the costs of enforcing sections 
3(m)(2)(B), 6, 7, and 8.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to violations of section 
3(m)(2)(B), 6, or 7 of the Fair Labor Standards Act of 
1938 occurring on or after the date that is 90 days after 
the date of enactment of this Act. 
Æ 
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