I 
119TH CONGRESS 
1ST SESSION H. R. 5048 
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 26, 2025 
Mr. MAGAZINER (for himself, Mr. EVANS of Pennsylvania, Mr. POCAN, Ms. 
NORTON, Mrs. DINGELL, Ms. STANSBURY, Mr. BOYLE of Pennsylvania, 
Mr. CARSON, Mr. GOLDMAN of New York, Ms. CHU, Ms. PEREZ, Mr. 
NORCROSS, Mr. JACKSON of Illinois, Ms. BALINT, Mrs. SYKES, Mr. 
KHANNA, Ms. TLAIB, Ms. TOKUDA, Ms. OCASIO-CORTEZ, Mrs. 
CHERFILUS-MCCORMICK, Mrs. WATSON
COLEMAN, and Ms. SCHA-
KOWSKY) introduced the following bill; which was referred to the Com-
mittee on Education and 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. 
(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) COMPENSATION.—— 
‘‘(1) IN GENERAL.—Subject to section 7, an 
employer shall compensate an employee (who is de-
scribed in subsection (b)) at a rate that is not less 
than the greater of— 
‘‘(A) the rate required by any contract, col-
lective bargaining agreement, or other employ-
ment agreement (as such term is defined by the 
Secretary) that specifies how much such em-
ployer shall compensate such employee; or 
‘‘(B) the wage rate required under applica-
ble Federal or State law. 
‘‘(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.—Section 10 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 210) is re-
pealed. 
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(c) PROHIBITED ACTS.—Section 15(a)(2) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 215(a)(2)) is 
amended by striking ‘‘or section 7’’ and inserting ‘‘, 7, 
or 8’’. 
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 
(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 
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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. 
‘‘(iii) The appropriateness of the penalty given 
the size of the business of the person convicted.’’. 
(b) CIVIL PENALTIES.—Section 16 of such Act is fur-
ther amended— 
(1) in subsection (b), by striking ‘‘or section 7’’ 
each place it appears and inserting ‘‘, 7, or 8’’; 
(2) in subsection (c)— 
(A) by striking ‘‘or 7’’ and inserting ‘‘, 7, 
or 8’’; and 
(B) by striking ‘‘and 7’’ and inserting ‘‘, 7, 
and 8’’; and 
(3) in subsection (e), by striking ‘‘or 7’’ and in-
serting ‘‘, 7, or 8’’ 
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(c) FUNDS FOR WAGE AND HOUR DIVISION.—Para-
graph (5) of section 16(e) of such Act is amended— 
(1) by striking ‘‘12,’’ and inserting ‘‘12 and 
fines collected under subsection (a)(2) of this sec-
tion,’’; 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.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to violations of section 
3(m)(2)(B), 6, 7, or 8 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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