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 ‘‘Wage Theft Prevention 
and Wage Recovery Act of 2022’’. 
TITLE I—AMENDMENTS TO THE 
FAIR LABOR STANDARDS ACT 
OF 1938 
SEC. 101. REQUIREMENTS TO PROVIDE CERTAIN DISCLO-
SURES, REGULAR PAYSTUBS, AND FINAL PAY-
MENTS. 
The Fair Labor Standards Act of 1938 is amended by 
inserting after section 4 (29 U.S.C. 204) the following: 
‘‘SEC. 5. REQUIREMENTS TO PROVIDE CERTAIN DISCLO-
SURES, REGULAR PAYSTUBS, AND FINAL PAY-
MENTS. 
‘‘(a) DISCLOSURES.— 
‘‘(1) INITIAL DISCLOSURES.—Not later than 15 
days after the date on which an employer hires an 
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, the employer 
of such employee shall provide such employee with an 
initial disclosure containing the information de-
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scribed in paragraph (3). Such initial disclosure shall 
be— 
‘‘(A) provided as a written statement or, if 
the employee so chooses, as a digital document 
provided through electronic communication; and 
‘‘(B) made available in the employee’s pri-
mary language. 
‘‘(2) MODIFICATION
DISCLOSURES.—Not later 
than the earlier of 5 days after the date on which any 
of the information described in paragraph (3) changes 
with respect to an employee described in paragraph 
(1) or the date of the next paystub following the date 
on which such information changes, the employer of 
such employee shall provide the employee with a 
modification disclosure containing all the information 
described in paragraph (3). 
‘‘(3) INFORMATION.—The information described 
in this paragraph shall include— 
‘‘(A) the rate of pay and whether the em-
ployee is paid by the hour, shift, day, week, or 
job, or by salary, piece rate, commission, or 
other form of compensation; 
‘‘(B)(i) an indication of whether the em-
ployee is being classified by the employer as an 
employee subject to the minimum wage require-
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ments of section 6 or as an employee that is ex-
empt from (or otherwise not subject to) such re-
quirements as provided under section 3(m)(2), 6, 
13, or 14, as well as the reason for the exemp-
tion; and 
‘‘(ii) in the case that such employee is not 
classified as being an employee subject to such 
minimum wage requirements, an identification 
of the section described in clause (i) providing 
for such classification; 
‘‘(C)(i) an indication of whether the em-
ployee is being classified by the employer as an 
employee subject to the overtime compensation 
requirements of section 7 or as an employee ex-
empt from such requirements as provided under 
section 7 or 13; and 
‘‘(ii) in the case that such employee is not 
classified as being an employee subject to such 
overtime compensation requirements, an identi-
fication of the section described in clause (i) pro-
viding for such classification; 
‘‘(D) the name of the employer and any 
other name used by the employer to conduct 
business; and 
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‘‘(E) the physical address of and telephone 
number for the employer’s main office or prin-
cipal place of business, and a mailing address 
for such office or place of business if the mailing 
address is different than the physical address. 
‘‘(b) PAYSTUBS.— 
‘‘(1) IN GENERAL.—Every employer shall pro-
vide each employee of such employer who in any 
workweek is engaged in commerce or in the produc-
tion of goods for commerce, or is employed in an en-
terprise engaged in commerce or in the production of 
goods for commerce, a paystub that corresponds to 
work performed by the employee during the applicable 
pay period and contains the information required 
under paragraph (3) in any form provided under 
paragraph (2). 
‘‘(2) FORMS.—A paystub required under this 
subsection shall be a written statement and may be 
provided in any of the following forms: 
‘‘(A) As a separate document accompanying 
any payment to an employee for work performed 
during the applicable pay period. 
‘‘(B) In the case of an employee who re-
ceives paychecks from the employer, as a detach-
able statement accompanying each paycheck. 
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‘‘(C) As a digital document provided 
through electronic communication, subject to the 
employee affirmatively consenting to receive the 
paystubs in this form. 
‘‘(3) CONTENTS.—Each paystub shall contain all 
of the following information: 
‘‘(A) The name of the employee. 
‘‘(B) Except in the case of an employee who 
is exclusively paid a salary and is exempt from 
the overtime requirements of section 7, the total 
number of hours worked by the employee, includ-
ing the number of hours worked per workweek, 
during the applicable pay period. 
‘‘(C) The total gross and net wages paid, 
and, except in the case of an employee who is ex-
clusively paid a salary and is exempt from the 
overtime requirements of section 7, the rate of 
pay for each hour worked during the applicable 
pay period. 
‘‘(D) In the case of an employee who is paid 
any salary, the amount of any salary paid dur-
ing the applicable pay period. 
‘‘(E) In the case of an employee employed 
at piece rates, the number of piece rate units 
earned, the applicable piece rates, and the total 
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amount paid to the employee per workweek for 
the applicable pay period in accordance with 
such piece rates. 
‘‘(F) The rate of pay per workweek of the 
employee during the applicable pay period and 
an explanation of the basis for such rate. 
‘‘(G) The number of overtime hours per 
workweek worked by the employee during the ap-
plicable pay period and the compensation re-
quired under section 7 that is provided to the 
employee for such hours. 
‘‘(H) Any additional compensation pro-
vided to the employee during the applicable pay 
period, with an explanation of each type of com-
pensation, including any allowances or reim-
bursements such as amounts related to meals, 
clothing, lodging, or any other item. 
‘‘(I) Itemized deductions from the gross in-
come of the employee during the applicable pay 
period, and an explanation for each deduction. 
‘‘(J) The date that is the beginning of the 
applicable pay period and the date that is the 
end of such applicable pay period. 
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‘‘(K) The name of the employer and any 
other name used by the employer to conduct 
business. 
‘‘(L) The name and phone number of a rep-
resentative of the employer for contact purposes. 
‘‘(M) Any additional information that the 
Secretary reasonably requires to be included 
through notice and comment rulemaking. 
‘‘(c) MODEL DISCLOSURES AND PAY STUB.—The Sec-
retary shall prescribe model disclosures and a model pay 
stub that may be used to satisfy the requirements of sub-
sections (a) and (b), respectively. The Secretary shall make 
the model disclosures and the model pay stub publicly avail-
able to employers. 
‘‘(d) FINAL PAYMENTS.— 
‘‘(1) IN GENERAL.—Not later than 14 days after 
an individual described in paragraph (4) terminates 
employment with an employer (by action of the em-
ployer or the individual), or on the date on which 
such employer pays other employees for the pay pe-
riod during which the individual so terminates such 
employment, whichever date is earlier, the employer 
shall provide the individual with a final payment, 
which includes all compensation due to such indi-
vidual for all time worked and benefits incurred (in-
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cluding retirement, health, leave, fringe, and other 
benefits) by the individual as an employee for the em-
ployer. 
‘‘(2) CONTINUING
WAGES.—An employer who 
violates the requirement under paragraph (1) shall, 
for each day, not to exceed 30 days, of such violation 
provide the individual described in paragraph (4) 
with compensation at a rate that is equal to the reg-
ular rate of compensation, as determined under this 
Act, to which such individual was entitled when such 
individual was an employee of such employer. 
‘‘(3) LIMITATION.—Notwithstanding paragraphs 
(1) and (2), an individual described in paragraph (4) 
shall not be entitled to the compensation described 
under paragraph (2) if the employer successfully dem-
onstrates that— 
‘‘(A) the employer made a good-faith effort 
to provide the final payment described in para-
graph (1); and 
‘‘(B) the individual refused or otherwise in-
tentionally avoided receiving such final pay-
ment. 
‘‘(4) INDIVIDUAL.—An individual described in 
this paragraph is an individual who was employed 
by the employer, and through such employment, in 
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any workweek, was engaged in commerce or in the 
production of goods for commerce, or was employed in 
an enterprise engaged in commerce or in the produc-
tion of goods for commerce.’’. 
SEC. 102. RIGHT TO FULL COMPENSATION. 
(a) IN GENERAL.—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 con-
tract or other employment agreement, including a collective 
bargaining agreement, that specifies that an employer shall 
compensate an employee (who is described in subsection (b)) 
at a rate that is higher than the rate otherwise required 
under this Act, the employer shall compensate such em-
ployee at the rate specified in such contract or other employ-
ment 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 commerce 
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.’’. 
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(b) CONFORMING
AMENDMENT.—The Fair Labor 
Standards Act of 1938 is amended by repealing section 10 
(29 U.S.C. 210). 
SEC. 103. CIVIL AND CRIMINAL ENFORCEMENT. 
(a) PROHIBITED ACTS.—Section 15(a) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amend-
ed— 
(1) in paragraph (1), by striking ‘‘section 6 or 
section 7’’ and inserting ‘‘section 6, 7, or 8’’; and 
(2) in paragraph (2), by striking ‘‘section 6 or 
section 7’’ and inserting ‘‘section 5, 6, 7, or 8’’. 
(b) DAMAGES.—The Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.) is amended— 
(1) in section 4(f) (29 U.S.C. 204(f)), in the 
third sentence, by striking ‘‘for unpaid minimum 
wages, or unpaid overtime compensation, and liq-
uidated damages’’ and inserting ‘‘for unpaid wages, 
or unpaid overtime compensation, as well as interest 
and liquidated damages,’’; 
(2) in section 6(d)(3) (29 U.S.C. 206(d)(3)), by 
striking ‘‘minimum’’; 
(3) in section 16 (29 U.S.C. 216)— 
(A) in subsection (b)— 
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(i) by striking ‘‘section 6 or section 7’’ 
each place it appears and inserting ‘‘section 
6, 7, or 8’’; 
(ii) by striking ‘‘minimum’’ each place 
it appears; 
(iii) in the first sentence, by striking 
‘‘and in an additional equal amount as liq-
uidated 
damages’’ 
and 
inserting 
‘‘the 
amount of any interest on such unpaid 
wages or unpaid overtime compensation ac-
crued at the prevailing rate, and an addi-
tional amount as liquidated damages that 
is equal to (subject to the second sentence of 
this subsection) 2 times such amount of un-
paid wages or unpaid overtime compensa-
tion’’; 
(iv) in the second sentence, by striking 
‘‘wages lost and an additional equal 
amount as liquidated damages’’ and insert-
ing ‘‘wages lost, including any unpaid 
wages or any unpaid overtime compensa-
tion, the amount of any interest on such 
wages lost accrued at the prevailing rate, 
and an additional amount as liquidated 
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damages that is equal to 3 times the 
amount of such wages lost’’; 
(v) by striking the fifth sentence; and 
(vi) by adding at the end the following: 
‘‘Notwithstanding chapter 1 of title 9, 
United States Code (commonly known as 
the ‘Federal Arbitration Act’), or any other 
law, the right to bring an action, including 
a joint, class, or collective claim, in court 
under this section cannot be waived by an 
employee as a condition of employment or 
in a pre-dispute arbitration agreement.’’; 
and 
(B) in subsection (c)— 
(i) by striking ‘‘minimum’’ each place 
the term appears; 
(ii) in the first sentence— 
(I) by striking ‘‘section 6 or 7’’ 
and inserting ‘‘section 6, 7, or 8’’; and 
(II) by striking ‘‘and an addi-
tional equal amount as liquidated 
damages’’ and inserting ‘‘, any interest 
on such unpaid wages or unpaid over-
time compensation accrued at the pre-
vailing 
rate, 
and 
an 
additional 
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amount as liquidated damages that is 
equal to (subject to the third sentence 
of this subsection) 2 times such amount 
of unpaid wages or unpaid overtime 
compensation’’; 
(iii) in the second sentence, by striking 
‘‘and an equal amount as liquidated dam-
ages.’’ and inserting ‘‘, any interest on such 
unpaid wages or unpaid overtime com-
pensation accrued at the prevailing rate, 
and an additional amount as liquidated 
damages that is equal to (subject to the 
third sentence of this subsection) 2 times 
such amount of unpaid wages or unpaid 
overtime compensation. In the event that the 
employer violates section 15(a)(3), the Sec-
retary may bring an action in any court of 
competent 
jurisdiction 
to 
recover 
the 
amount of any wages lost, including any 
unpaid wages or any unpaid overtime com-
pensation, any interest on such wages lost 
accrued at the prevailing rate, an addi-
tional amount as liquidated damages that 
is equal to 3 times the amount of such 
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wages lost, and any such legal or equitable 
relief as may be appropriate.’’; and 
(iv) in the third sentence, by striking 
‘‘sections 6 and 7’’ and inserting ‘‘section 6, 
7, or 8’’; and 
(4) in section 17 (29 U.S.C. 217), by striking 
‘‘minimum’’. 
(c) CIVIL FINES.—Section 16(e) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 216(e)) is amended— 
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2)(A) Subject to subparagraph (B), any person who 
violates section 6, 7, or 8, relating to wages, shall be subject 
to a civil fine that is not to exceed $22,030 per each em-
ployee affected for each initial violation of such section. 
‘‘(B) Any person who repeatedly or willfully violates 
section 6, 7, or 8, relating to wages, shall be subject to a 
civil fine that is not to exceed $110,150 per each employee 
affected for each such violation. 
‘‘(C) Any person who violates section 3(m)(2)(B) shall 
be subject to a civil penalty not to exceed $12,340 for each 
such violation, as the Secretary determines appropriate, in 
addition to being liable to the employee or employees af-
fected for all tips unlawfully kept, any interest on wages 
lost accrued at the prevailing rate, and an additional 
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amount as liquidated damages that is equal to 2 times the 
amount of wages lost, as described in subsection (b).’’; 
(2) by redesignating paragraphs (3), (4), and (5) 
as paragraphs (5), (6), and (7), respectively; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) Any person who violates subsection (a) or (b) of 
section 5 shall— 
‘‘(A) for the initial violation of such subsection, 
be subject to a civil fine that is not to exceed $50 per 
each employee affected; and 
‘‘(B) for each repeated or willful violation of 
such subsection, be subject to a civil fine that is not 
to exceed $100 per each employee affected. 
‘‘(4) Any person who violates section 11(c) shall— 
‘‘(A) for the initial violation, be subject to a civil 
fine that is not to exceed $1,000 per each employee af-
fected; and 
‘‘(B) for each repeated or willful violation, be 
subject to a civil fine that is not to exceed $5,000 per 
each employee affected.’’. 
(d) CRIMINAL PENALTIES.—Section 16(a) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 216(a)) is amend-
ed— 
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(1) by striking ‘‘Any person’’ and inserting ‘‘(1) 
Any person’’; 
(2) in the first sentence, by striking ‘‘$10,000’’ 
and inserting ‘‘$10,000 per each employee affected’’; 
(3) in the second sentence, by striking ‘‘No per-
son’’ and inserting ‘‘Subject to paragraph (2), no per-
son’’; and 
(4) by adding at the end the following: 
‘‘(2)(A) Notwithstanding any other provision of this 
Act, the Secretary shall refer any case involving a covered 
offender described in subparagraph (B) to the Department 
of Justice for prosecution. 
‘‘(B) A covered offender described in this subparagraph 
is a person who willfully violates any of the following: 
‘‘(i) Section 11(c) by falsifying any records de-
scribed in such section. 
‘‘(ii) Section 6, 7, or 8, relating to wages. 
‘‘(iii) Section 15(a)(3).’’. 
SEC. 104. RECORDKEEPING. 
(a) IN GENERAL.—Section 11(c) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(c)) is amended by 
adding at the end the following: ‘‘In the event that an em-
ployee requests an inspection of the records described in this 
subsection that pertain to such employee from the employer, 
orally or in writing, the employer shall provide the em-
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ployee with a copy of the records for a period of up to 5 
years prior to such request being made. Not later than 21 
days after an employee requests such an inspection, the em-
ployer shall comply with the request.’’. 
(b) REBUTTABLE PRESUMPTION.—Section 15 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 215) is 
amended by adding at the end the following: 
‘‘(c) In the event that an employer violates section 
11(c) and any regulations issued pursuant to such section, 
resulting in a lack of a complete record of an employee’s 
hours worked or wages owed, the employee’s production of 
credible evidence and testimony regarding the amount or 
extent of the work for which the employee was not com-
pensated in compliance with the requirements under this 
Act shall be sufficient to create a rebuttable presumption 
that the employee’s records are accurate. Such presumption 
shall be rebutted only if the employer produces evidence of 
the precise amount or extent of work performed or evidence 
to show that the inference drawn from the employee’s evi-
dence is not reasonable.’’. 
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TITLE II—AMENDMENTS TO THE 
PORTAL-TO-PORTAL ACT OF 1947 
SEC. 201. INCREASING AND TOLLING STATUTE OF LIMITA-
TIONS. 
Section 6 of the Portal-to-Portal Act of 1947 (29 
U.S.C. 255) is amended— 
(1) in the matter preceding paragraph (a), by 
striking ‘‘minimum’’; 
(2) in paragraph (a)— 
(A) by striking ‘‘may be commenced within 
two years’’ and inserting ‘‘may be commenced 
within 4 years’’; 
(B) by striking ‘‘unless commenced within 
two years’’ and inserting ‘‘unless commenced 
within 4 years’’; and 
(C) by striking ‘‘may be commenced within 
three years’’ and inserting ‘‘may be commenced 
within 5 years’’; 
(3) in paragraph (d), by striking the period and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(e) with respect to the running of any statutory 
period of limitation described in this section, the run-
ning of such statutory period shall be deemed sus-
pended during the period beginning on the date on 
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which the Secretary of Labor notifies an employer of 
an initiation of an investigation or enforcement ac-
tion and ending on the date on which the Secretary 
notifies the employer that the matter has been offi-
cially resolved by the Secretary.’’. 
TITLE III—WAGE THEFT PREVEN-
TION AND WAGE RECOVERY 
GRANT PROGRAM 
SEC. 301. DEFINITIONS. 
In this title: 
(1) COMMUNITY PARTNER.—The term ‘‘commu-
nity partner’’ means any stakeholder with a commit-
ment to enforcing wage and hour laws and preventing 
abuses of such laws, including any— 
(A) State department of labor; 
(B) attorney general of a State, or other 
similar authorized official of a political subdivi-
sion thereof; 
(C) law enforcement agency; 
(D) consulate; 
(E) employee or advocate of employees, in-
cluding a labor organization, community-based 
organization, faith-based organization, business 
association, or nonprofit legal aid organization; 
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(F) academic institution that plans, coordi-
nates, and implements programs and activities 
to prevent wage and hour violations and recover 
unpaid wages, damages, and penalties; or 
(G) any municipal agency responsible for 
the enforcement of local wage and hour laws. 
(2) COMMUNITY PARTNERSHIP.—The term ‘‘com-
munity partnership’’ means a partnership between— 
(A) a working group consisting of commu-
nity partners; and 
(B) the Department of Labor. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity that is any of the following: 
(A) A nonprofit organization, including 
such an organization that is a community-based 
organization, faith-based organization, or labor 
organization, that provides services and support 
to employees, including assisting such employees 
in recovering unpaid wages. 
(B) An employer. 
(C) A business association. 
(D) An institution of higher education, as 
defined by section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a)). 
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(E) A partnership between any of the enti-
ties described in subparagraphs (A) through (D). 
(4) EMPLOY; EMPLOYEE; EMPLOYER.—The terms 
‘‘employ’’, ‘‘employee’’, and ‘‘employer’’ have the 
meanings given such terms in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(6) WAGE
AND
HOUR
LAW.—The term ‘‘wage 
and hour law’’ means any Federal law enforced by 
the Wage and Hour Division of the Department of 
Labor, including any provision of this Act enforced 
by such division. 
(7) WAGE
AND
HOUR
VIOLATION.—The term 
‘‘wage and hour violation’’ refers to any violation of 
a Federal law enforced by the Wage and Hour Divi-
sion of the Department of Labor, including any pro-
vision of this Act enforced by such division. 
SEC. 302. WAGE THEFT PREVENTION AND WAGE RECOVERY 
GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary shall provide grants 
to eligible entities to assist amployees and employers. 
(b) GRANTS.—A grant provided under this section 
shall be designed to— 
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H7701
pbinns on DSKJLVW7X2PROD with $$_JOB