[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9137 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9137
To safeguard the rights of workers and protect children by responsibly
increasing civil monetary penalties and other means.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2024
Mr. Scott of Virginia (for himself, Mr. Norcross, Mrs. Dingell, Mr.
Horsford, Mr. Pocan, Ms. Adams, Ms. Norton, Mr. McGarvey, Ms. Bonamici,
Mr. Casar, Ms. Wild, Mr. Thanedar, Ms. Omar, and Mrs. Ramirez)
introduced the following bill; which was referred to the Committee on
Education and the Workforce, and in addition to the Committees on
Oversight and Accountability, and House Administration, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To safeguard the rights of workers and protect children by responsibly
increasing civil monetary penalties and other means.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Labor Enforcement to Securely
Protect Workers Act'' or the ``LET'S Protect Workers Act''.
SEC. 2. IMPROVED PROTECTION FOR WORKERS AND CHILDREN THROUGH MEANINGFUL
CIVIL PENALTIES.
(a) Child Labor.--Section 16(e)(1)(A) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(e)(1)(A)) is amended to read as follows:
``(A) Any person who violates the provisions of sections 12 or
13(c), relating to child labor, or any regulation issued pursuant to
such sections, shall be subject to a civil penalty as follows:
``(i) Not more than $150,000, but not less than $1,500, for
each employee who was the subject of such a violation.
``(ii) Not more than $700,000, but not less than $7,000,
with regard to each such violation that causes the death or
serious injury of any employee under the age of 18 years, which
penalty may be doubled where the violation is a repeated or
willful violation.''.
(b) Wage and Hour Protections.--Section 16(e) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(e)), as amended by subsection (a),
is further amended--
(1) in paragraph (2)--
(A) in the first sentence--
(i) by striking ``repeatedly or
willfully''; and
(ii) by striking ``not to exceed $1,100 for
each such violation'' and inserting ``not to
exceed, for each such violation, $25,000 or, if
such a violation is a repeated or willful
violation, $50,000''; and
(B) in the second sentence, by striking ``not to
exceed $1,100 for each such violation'' and inserting
``not to exceed, for each such violation, $25,000 or,
if such a violation is a repeated or willful violation,
$50,000'';
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(3) by inserting after paragraph (2), as so amended, the
following new paragraph:
``(3) Any person who violates section 11(c) shall be subject to a
civil penalty not to exceed $2,500 for each such violation.''.
(c) Workers' Health and Safety.--Section 17 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 666) is amended--
(1) in subsection (a)--
(A) by striking ``$70,000'' and inserting
``$800,000''; and
(B) by striking ``$5,000'' and inserting
``$60,000'';
(2) in subsection (b), by striking ``7,000'' and inserting
``$80,000'';
(3) in subsection (c), by striking ``$7,000'' and inserting
``$40,000'';
(4) in subsection (d), by striking ``$7,000'' and inserting
``$80,000''; and
(5) in subsection (i), by striking ``$7,000'' and inserting
``$40,000''.
(d) Farmworker Protections.--Section 503(a)(1) of the Migrant and
Seasonal Agricultural Worker Protection Act (29 U.S.C. 1853(a)(1)) is
amended by striking ``$1,000'' and inserting ``$30,000''.
(e) Mine Safety and Black Lung Benefits.--
(1) Increased civil penalties during pattern of violations
status.--Section 110(b) of the Federal Mine Safety and Health
Act of 1977 (30 U.S.C. 820(b)) is amended by adding at the end
the following:
``(3) Notwithstanding any other provision of this Act, in the case
of an operator who has been given written notice of a pattern of
violations in accordance with paragraph (1) of section 104(e), such
operator, for any violation of any provision of this Act occurring
during the period beginning on the date that such notice was issued and
ending on the date such pattern of violation is deemed to be terminated
in accordance with paragraph (3) of section 104(e), shall be assessed a
civil penalty by the Secretary equal to the lesser of--
``(A) twice the amount that would, in the absence of this
paragraph, be assessed by the Secretary for such violation; or
``(B) the maximum amount that may be assessed for such
violation.''.
(2) Ensuring payment of penalties.--
(A) Amendments.--Section 110 of the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 820) is
further amended--
(i) by redesignating subsection (l) as
subsection (m); and
(ii) by inserting after subsection (k) the
following:
``(l) Ensuring Payment of Penalties.--
``(1) Delinquent payment letter.--If the operator of a coal
or other mine fails to pay any civil penalty assessment that
has become a final order of the Commission or a court, not
later than 45 days after such assessment becomes such a final
order, the Secretary shall send the operator a letter advising
the operator--
``(A) of the consequences under this subsection of
such failure to pay; and
``(B) of the opportunity to enter into or modify a
payment plan with the Secretary based upon a
demonstrated inability to pay, including--
``(i) the procedure for entering into such
plan; and
``(ii) the consequences of not entering
into or not complying with such plan.
``(2) Withdrawal orders following failure to pay.--
``(A) In general.--If an operator that receives a
letter under paragraph (1) with respect to an
assessment, has not, by the date that is 180 days after
such assessment became a final order, paid the
assessment or entered into a payment plan described in
paragraph (1)(B), the Secretary shall issue a
withdrawal order until the operator pays such
assessment in full (including interest and
administrative costs) or enters into such a payment
plan.
``(B) Subsequent withdrawal order.--If such
operator enters into a payment plan with the Secretary
on or after the date on which the Secretary issues a
withdrawal order and at any time fails to comply with
the terms specified in such payment plan, the Secretary
shall reissue such withdrawal order until the operator
rectifies the noncompliance with the payment plan in
the manner specified in such payment plan.
``(C) Withdrawal order defined.--In this paragraph,
the term `withdrawal order' means an order requiring an
operator to cause all persons, except those referred to
in section 104(c), to be withdrawn from, and to be
prohibited from entering, the mine that is covered by
the final order described in paragraph (1) with respect
to such operator.''.
(B) Applicability of amendments.--
(i) In general.--The amendments made by
subparagraph (A) shall apply to all unpaid
civil penalty assessments under the Federal
Mine Safety and Health Act of 1977 (30 U.S.C.
801 et seq.) that become a final order of the
Federal Mine Safety and Health Review
Commission or a court on or after the date of
enactment of this Act.
(ii) Prior final orders.--In the case of
any unpaid civil penalty assessment that became
such a final order before the date of enactment
of this Act, the date on which such assessment
became a final order shall be deemed to be the
date of enactment of this Act.
(3) Civil penalty for retaliation.--Section 110(a) of the
Federal Mine Safety and Health Act of 1977 (30 U.S.C. 820(a))
is further amended--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following:
``(4) If any person violates section 105(c), the Secretary shall
propose, and the Commission shall assess, during any 3-year period, a
civil penalty of not less than $10,000 or more than $100,000 for the
first occurrence of such violation by such person, and not less than
$20,000 or more than $200,000 for any subsequent violation by such
person.''.
(4) Black lung benefits penalties.--Section 423(d)(1)
Federal Mine Safety and Health Act of 1977 (30 U.S.C.
933(d)(1)) is amended by striking ``$1,000'' and inserting
``$50,000 but not less than $5,000''.
(f) Family and Medical Leave.--
(1) Interference with rights and proceedings.--Section
107(b) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2617(b)) is amended by adding at the end the following new
paragraph:
``(4) Civil penalty.--In addition to any sums recovered by
the Secretary pursuant to paragraph (2), any employer that
violates section 105 may be assessed a civil money penalty not
to exceed $25,000 for each separate offense.''.
(2) Notice.--Section 109(b) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2619(b)) is amended by striking ``$100''
and inserting ``$2,500''.
(3) Recordkeeping.--Section 106(b) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2616(b)) is amended by
adding ``Any employer that violates this subsection may be
assessed a civil monetary penalty not to exceed $2,500 for each
separate offense.'' at the end.
SEC. 3. ENFORCEMENT OF CERTAIN REQUIREMENTS FOR EMPLOYEE HEALTH PLANS.
(a) Parity in Mental Health and Substance Use Disorders.--
(1) In general.--Section 502(c)(10)(A) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1132(c)(10)(A)) is amended--
(A) by striking ``any plan sponsor of a group
health plan'' and inserting ``any plan sponsor or plan
administrator of a group health plan, service
provider,''; and
(B) by striking ``for any failure'' and all that
follows and inserting ``for any failure, or
participation in such failure, by such sponsor,
administrator, service provider, or issuer to meet, in
connection with the plan, the requirements of--
``(i) subsection (a)(1)(F), (b)(3), (c), or
(d) of section 702 or section 701 or 702(b)(1)
with respect to genetic information; or
``(ii) subsection (a) of section 712 with
respect to parity in mental health and
substance use disorder benefits.''.
(2) Conforming amendment.--Section 502(c)(10) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1132(c)(10)(A)) is further amended by striking ``use of genetic
information'' in the heading and inserting ``use of genetic
information and parity in mental health and substance use
disorder benefits''.
(b) Exception to the General Prohibition on Enforcement.--
(1) Civil action.--Section 502(a)(6) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1132(a)(6))
is amended to read as follows:
``(6) by the Secretary to collect any civil penalty that
the Secretary has imposed or assessed pursuant to authority
under this title;''.
(2) Enforcement in relation to group health plans.--Section
502(b)(3) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1132(b)(3)) is amended by striking ``Except''
and all that follows through ``the Secretary'' and inserting
``Except as provided in subsections (c)(9), (c)(10), and (a)(6)
(with respect to collecting civil penalties under subsections
(c)(9) and (c)(10)), and except with respect to enforcement by
the Secretary of section 712, the Secretary''.
SEC. 4. IMPROVING WORKPLACE DEMOCRACY THROUGH CIVIL MONETARY PENALTIES.
Section 12 of the National Labor Relations Act (29 U.S.C. 162) is
amended--
(1) by striking ``Sec. 12. Any person'' and inserting the
following:
``SEC. 12. PENALTIES.
``(a) Violations for Interference With Board.--Any person''; and
(2) by adding at the end the following:
``(b) Civil Penalties for Unfair Labor Practices.--Any employer who
commits an unfair labor practice within the meaning of section 8(a)
shall be subject to a civil penalty in an amount not to exceed $50,000
for each such violation, except that, with respect to such an unfair
labor practice within the meaning of paragraph (3) or (4) of section
8(a) or such a violation of section 8(a) that results in the discharge
of an employee or other serious economic harm to an employee, the Board
shall double the amount of such penalty, to an amount not to exceed
$100,000, in any case where the employer has within the preceding 5
years committed another such violation of such paragraph (3) or (4) or
such violation of section 8(a) that results in such discharge or other
serious economic harm. A civil penalty under this paragraph shall be in
addition to any other remedy ordered by the Board. Sums collected as
civil penalties pursuant to this section shall be deposited in the
general fund of the Treasury.
``(c) Considerations.--In determining the amount of any civil
penalty under this section, the Board shall consider--
``(1) the gravity of the actions of the employer resulting
in the penalty, including the impact of such actions on the
charging party or on other persons seeking to exercise rights
guaranteed by this Act;
``(2) the size of the employer;
``(3) the history of any previous unfair labor practices or
other actions by the employer resulting in a penalty; and
``(4) the public interest.
``(d) Director and Officer Liability.--If the Board determines,
based on the particular facts and circumstances presented, that a
director or officer's personal liability is warranted, a civil penalty
for a unfair labor practice described in this section may also be
assessed against any director or officer of the employer who directed
or committed the unfair labor practice, had established a policy that
led to such an unfair labor practice, or had actual or constructive
knowledge of and the authority to prevent the unfair labor practice and
failed to prevent the unfair labor practice.''.
SEC. 5. SECURING WORKERS' RIGHTS THROUGH RESPONSIBLE RECORDKEEPING AND
NOTICE TO EMPLOYEES.
(a) Workplace Health and Safety.--Section 9(c) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 658(c)) is amended by adding
at the end the following: ``In the case of a violation that relates to
making, keeping, or preserving a record, such violation continues to
occur until the earlier of (1) the date on which an employer complies
with the requirement, rule, standard, order, or regulation that was
violated with respect to making, keeping, or preserving such record; or
(2) the date on which the requirement to keep and preserve such record
expires.''.
(b) Wage, Hour, and Family and Medical Leave Protections.--Section
11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is
amended by inserting before the last sentence the following: ``For
purposes of enforcement of this subsection under section 16(e)(3), a
violation of a requirement to make, keep, or preserve a record
continues to occur until the earlier of (1) the date on which an
employer has complied with the regulation or order that was violated
with respect to such record, or (2) the date on which the requirement
to keep and preserve such record expires.''
(c) Rulemaking.--Not later than one year after the date of
enactment of this Act, the Secretary of Labor shall promulgate or amend
such regulations as are necessary to implement the amendments made by
this section.
(d) Authorization.--Subsection (c) shall be considered a specific
authorization by Congress in accordance with section 801(b)(2) of title
5, United States Code, with respect to the issuance of a new
recordkeeping rule pursuant to the Occupational Safety and Health Act
of 1970.
SEC. 6. EFFECTIVE DATES; APPLICATION.
(a) Sections 2, 3, and 4.--Except as as provided in section
2(e)(2)(B), the amendments made by sections 2, 3, and 4 of this Act
shall take effect on January 1, 2025, and shall apply with respect to
violations that occur on or after January 1, 2025.
(b) Section 5.--The amendments made by section 5 of this Act shall
take effect on the date of enactment of this Act, and shall apply with
respect to violations that occur on or after the date of enactment of
this Act.
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