(27) Partnerships between regulators, workers, 
nonprofit organizations, and businesses have been 
successful in combating wage theft. In 2006, the Di-
vision of Labor Standards Enforcement of the State 
of California created a janitorial enforcement team 
to work closely with a local janitorial watchdog orga-
nization. As of 2015, the partnership had resulted in 
countless administrative, civil, and criminal actions 
against employers and in the collection of more than 
$68,000,000 in back pay for janitorial workers. 
(28) The Comptroller General of the United 
States has recommended that the Department of 
Labor identify ways to leverage its resources to bet-
ter combat wage theft by improving services pro-
vided through partnerships. 
SEC. 3. PURPOSES. 
The purposes of this Act are to prevent wage theft 
and facilitate the recovery of stolen wages by— 
(1) strengthening the penalties for engaging in 
wage theft; 
(2) giving workers the right to receive, in a 
timely manner, full compensation for the work they 
perform, certain disclosures, regular paystubs, and 
final payments; 
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(3) providing workers with improved tools to re-
cover their stolen wages in court; and 
(4) making assistance available to enhance en-
forcement of and compliance with Federal wage and 
hour laws through— 
(A) supporting initiatives that address and 
prevent violations of such laws and assist work-
ers in wage recovery; 
(B) supporting individual entities and de-
veloping community partnerships that expand 
and improve cooperative efforts between en-
forcement agencies and community-based orga-
nizations in the prevention of wage and hour 
violations and enforcement of wage and hour 
laws; 
(C) expanding outreach to workers in in-
dustries or geographic areas identified by the 
Secretary of Labor as highly noncompliant with 
Federal wage and hour laws; 
(D) improving detection of employers who 
are not complying with such laws and aiding in 
the identification of violations of such laws; and 
(E) facilitating the collection of evidence to 
assist enforcement efforts. 
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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 em-
ployer of such employee shall provide such employee 
with an initial disclosure containing the information 
described 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 
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‘‘(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 fol-
lowing the date on which such information changes, 
the employer of such employee shall provide the em-
ployee with a modification disclosure containing all 
the information described in paragraph (3). 
‘‘(3) 
INFORMATION.—The 
information 
de-
scribed 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-
ments of section 6 or as an employee that is ex-
empt from (or otherwise not subject to) such 
requirements 
as 
provided 
under 
section 
3(m)(2), 6, 13, or 14; and 
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‘‘(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) 
providing for such classification; 
‘‘(D) the name of the employer and any 
other name used by the employer to conduct 
business; and 
‘‘(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 mail-
ing address is different than the physical ad-
dress. 
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‘‘(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 appli-
cable pay period and contains the information re-
quired 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 accom-
panying 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 de-
tachable statement accompanying each pay-
check. 
‘‘(C) As a digital document provided 
through electronic communication, subject to 
the employee affirmatively consenting to receive 
the paystubs in this form. 
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‘‘(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 em-
ployee, including 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 
exclusively 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 
during 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 
amount paid to the employee per workweek for 
the applicable pay period in accordance with 
such piece rates. 
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‘‘(L) The name and phone number of a 
representative of the employer for contact pur-
poses. 
‘‘(M) Any additional information that the 
Secretary reasonably requires to be included 
through notice and comment rulemaking. 
‘‘(c) FINAL PAYMENTS.— 
‘‘(1) IN
GENERAL.—Not later than 14 days 
after an individual described in paragraph (4) termi-
nates employment with an employer (by action of 
the employer or the individual), or on the date on 
which such employer pays other employees for the 
pay period during which the individual so terminates 
such employment, whichever date is earlier, the em-
ployer shall provide the individual with a final pay-
ment, which includes all compensation due to such 
individual for all time worked and benefits incurred 
(including retirement, health, leave, fringe, and 
other benefits) by the individual as an employee for 
the employer. 
‘‘(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-
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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 
para-
graphs (1) and (2), any individual described in para-
graph (4) who intentionally avoids receiving a final 
payment described in paragraph (1), or who refuses 
to receive the final payment when fully tendered, re-
sulting in the employer violating the requirement 
under such paragraph, shall not be entitled to the 
compensation provided under paragraph (2) for the 
time during which the individual so avoids final pay-
ment or refuses to receive the final payment. 
‘‘(4) INDIVIDUAL.—An individual described in 
this paragraph is an individual who was employed by 
the employer, and through such employment, in any 
workweek, was engaged in commerce or in the pro-
duction 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: 
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‘‘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.’’. 
(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 
amended— 
(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’’. 
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(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)— 
(i) by striking ‘‘section 6 or section 7’’ 
each place it appears and inserting ‘‘sec-
tion 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 
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of this subsection) 2 times such amount of 
unpaid wages or unpaid overtime com-
pensation’’; 
(iv) in the second sentence, by strik-
ing ‘‘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 
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 fol-
lowing: ‘‘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, in-
cluding a joint, class, or collective claim, in 
court under this section cannot be waived 
by an employee as a condition of employ-
ment or in a predispute arbitration agree-
ment.’’; and 
(B) in subsection (c)— 
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(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 inter-
est on such unpaid wages or unpaid 
overtime compensation 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’’; 
(iii) in the second sentence, by strik-
ing ‘‘and an equal amount as liquidated 
damages.’’ and inserting ‘‘, any interest on 
such unpaid wages or unpaid overtime 
compensation accrued at the prevailing 
rate, and an additional amount as liq-
uidated damages that is equal to (subject 
to the third sentence of this subsection) 2 
times such amount of unpaid wages or un-
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paid overtime compensation. In the event 
that the employer violates section 15(a)(3), 
the Secretary 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 
compensation, 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 
wages lost, and any such legal or equitable 
relief as may be appropriate.’’; and 
(iv) in the fourth 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 per-
son who violates section 6, 7, or 8, relating to wages, 
shall be subject to a civil fine that is not to exceed 
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$22,030 per each employee affected for each initial 
violation of such section. 
‘‘(B) Any person who repeatedly or willfully vio-
lates 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 Sec-
retary determines appropriate, in addition to being 
liable to the employee or employees affected for all 
tips unlawfully kept, any interest on such wages lost 
accrued at the prevailing rate, and an additional 
amount as liquidated damages that is equal to 2 
times the amount of such 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 sub-
section, be subject to a civil fine that is not to 
exceed $50 per each employee affected; and 
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‘‘(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 af-
fected. 
‘‘(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 affected; 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 
amended— 
(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 
person’’; 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 
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a covered offender described in subparagraph (B) to 
the Department of Justice for prosecution. 
‘‘(B) A covered offender described in this sub-
paragraph is a person who willfully violates each of 
the following: 
‘‘(i) Section 11(c) by falsifying any records 
described 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 em-
ployer, orally or in writing, the employer shall provide the 
employee 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 inspec-
tion, the employer 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, 
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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 presump-
tion shall be rebutted only if the employer produces evi-
dence of the precise amount or extent of work performed 
or evidence to show that the inference drawn from the em-
ployee’s evidence is not reasonable.’’. 
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 subsection (a), by 
striking ‘‘minimum’’; 
(2) in subsection (a)— 
(A) by striking ‘‘may be commenced within 
two years’’ and inserting ‘‘may be commenced 
within 4 years’’; 
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(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 subsection (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 pe-
riod of limitation described in this section, the running 
of such statutory period shall be deemed suspended during 
the period beginning on the date on which the Secretary 
of Labor notifies an employer of an initiation of an inves-
tigation or enforcement action and ending on the date on 
which the Secretary notifies the employer that the matter 
has been officially resolved by the Secretary.’’. 
TITLE III—WAGE THEFT PRE-
VENTION AND WAGE RECOV-
ERY GRANT PROGRAM 
SEC. 301. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Wage and 
Hour Division of the Department of Labor. 
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