‘‘(e)(1)(A) Any employee of an apparel manufacturer, 
or of a contractor engaged by such manufacturer, any or-
ganization representing the interests of consumers in the 
United States, and any labor organization representing 
employees in the garment industry in the United States 
or in the country in which the respective contractor does 
business may bring an action against such manufacturer 
or contractor for violation of such manufacturer’s obliga-
tions under this section in an appropriate United States 
district court. 
‘‘(B) An apparel manufacturer or contractor found 
liable in an action under this paragraph shall be subject 
to an award of compensatory, consequential, and punitive 
damages, as well as equitable relief. Any such damages 
shall be awarded to, and apportioned among, the employ-
ees of the contractor as to which the apparel manufacturer 
has failed to maintain information required under sub-
section (a) or has failed to enter into or enforce contracts 
as required under subsection (b). 
‘‘(C) Plaintiffs in such actions shall be entitled to a 
trial by jury and to attorney fees and costs in the same 
manner as provided in section 16(b). 
‘‘(2) The compliance of an apparel manufacturer with 
this section, with respect to the information and records 
employees and homeworkers of each contractor engaged
by the apparel manufacturer and the contract and enforce-
ment requirements of subsections (b) and (c), may be en-
forced in the same manner as records and information the 
apparel manufacturer is required to make, keep, and pre-
serve with respect to an employer’s employees and 
homeworkers under section 11(a). 
‘‘(f) For purposes of this section: 
‘‘(1)(A) The term ‘apparel’ means a garment 
(or a section or component of such garment) de-
signed or intended to be worn by men, women, chil-
dren, or infants and to be sold or offered for sale. 
‘‘(B) Such term includes clothing, knit goods, 
hats, gloves, handbags, hosiery, ties, scarves, and 
belts. 
‘‘(C) 
Such 
term 
does 
not 
include 
premanufactured items, such as buttons, zippers, 
snaps, or studs. 
‘‘(2) The term ‘manufacture’, with respect to 
apparel, means to design, cut, sew, dye, wash, finish, 
assemble, press, or otherwise produce. 
‘‘(3)(A) The term ‘apparel manufacturer’ 
means any person, in or affecting interstate or for-
eign commerce, that— 
‘‘(i) manufactures apparel or engages in 
the business of selling apparel; or
‘‘(ii) engages a contractor to manufacture 
apparel. 
‘‘(B) Such term does not include a contractor. 
‘‘(4) The term ‘contractor’ means— 
‘‘(A) any person who contracts, directly or 
indirectly, with an apparel manufacturer to 
manufacture apparel (including any subcon-
tractor of such person) for such manufacturer; 
and 
‘‘(B) any agent, distributor, or person de-
scribed in subparagraph (A) through which 
homework is distributed or collected by such an 
agent, distributor, or contractor engaged by an 
apparel manufacturer. 
‘‘(5) The term ‘applicable labor laws’ means the 
Federal, State, or international laws or regulations 
to which an apparel manufacturer or contractor is 
subject in the area of labor and employment, includ-
ing wages and hours, child labor, safety and health, 
discrimination, freedom of association and collective 
bargaining, work-related benefits and leaves, and 
any other workplace condition or aspect of the em-
ployment relationship. 
‘‘(6) The term ‘appropriate court’ means, with 
respect to an apparel manufacturer or contractor—
‘‘(A) an appropriate United States district 
court; 
‘‘(B) a court of any State having jurisdic-
tion over the apparel manufacturer or con-
tractor; or 
‘‘(C) a foreign court or tribunal having ju-
risdiction over the apparel manufacturer or con-
tractor.’’. 
SEC. 4. CIVIL PENALTIES FOR VIOLATIONS OF RECORD-
KEEPING. 
Section 16 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 216(e)) is amended by adding at the end the 
following: 
‘‘(f) Any person who fails to maintain or submit in-
formation, records, or contracts as required under section 
11(c) and section 11A shall be subject to a civil penalty 
of $5,000 for each employee to whom such records pertain, 
except that a person who willfully commits such a failure 
shall be liable for such civil penalty for each pay period 
in which the failure occurs. In addition to any other pen-
alties provided by law, any person who submits fraudulent 
information, records, or contracts under section 11A shall 
be subject to a civil penalty of $10,000 for the first such