,,ii #aafth ,,congress #ast ,session ,s4 #baja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aa1 #bjai,mrs4 ,murray 7for herself1 ,ms4 ,baldwin1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,brown1 ,ms4 ,cantwell1 ,mr4 ,cardin1 ,mr4 ,casey1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mrs4 ,gillibrand1 ,ms4 ,harris1 ,ms4 ,hirono1 ,mr4 ,kaine1 ,ms4 ,klobuchar1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mr4 ,murphy1 ,mr4 ,peters1 ,mr4 ,sanders1 ,mr4 ,schatz1 ,ms4 ,smith1 ,ms4 ,stabenow1 ,mr4 ,van ,hollen1 ,ms4 ,warren1 and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,fair ,labor ,standards ,act of #aich and the ,portal-to-,portal ,act of #aidg to prevent wage theft and assist in the recovery of stolen wages1 to authorize the ,secretary of ,labor to administer grants to prevent wage and hour violations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,wage ,theft ,prevention and ,wage ,recovery ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,wage theft occurs when an employer does not pay an employee for work that the employee has performed1 depriving the worker of wages and earnings to which the worker is legally entitled4 ,this theft occurs in many forms1 including by employers violating minimum wage requirements1 failing to pay overtime compensation1 requiring off-the-clock work1 failing to provide final payments1 misclassifying employees as being exempt from overtime compensation or as independent contractors rather than as employees1 and improperly withholding tips4 7#b7 ,wage theft poses a serious and growing problem across industries for working individuals of the ,united ,states4 ,wage theft is widespread and is estimated to cost workers more than #ae1jjj1jjj1jjj per year4 ,in certain industries1 compliance with ,federal wage and hour laws is less than #ej percent4 7#c7 ,wage theft is closely associated with employment discrimination1 with women1 immigrants1 and minorities being disproportionately affected4 ,women are significantly more likely to experience minimum wage violations than men1 foreign-born workers are nearly #b times as likely to experience minimum wage violations as their counterparts born in the ,united ,states1 and ,african ,americans are #c times more likely to experience minimum wage violations than their ,white counterparts4 7#d7 ,wage theft is closely associated with unsafe working conditions4 7#e7 ,wage theft-- 7,a7 depresses the wages of working families who are already struggling to make ends meet2 7,b7 strains social services funds2 7,c7 diminishes consumer spending power and hurts local economies2 7,d7 reduces vital ,state and ,federal tax revenues2 7,e7 places law-abiding employers at a competitive disadvantage with noncompliant employers2 7,f7 burdens commerce and the free flow of goods2 and 7,g7 lowers labor standards throughout labor markets4 7#f7 ,low-wage workers are at the greatest risk of suffering from wage theft4 ,a survey of #d1chg low-wage workers in ,new ,york1 ,los ,angeles1 and ,chicago found that #fh percent of the workers surveyed had experienced some form of wage theft in the workweek immediately before the survey was conducted4 ,these workers experienced a range of wage and hour violations3 #bf percent of such workers were not paid minimum wage2 #gf percent of such workers who worked more than #dj hours in the workweek immediately before the survey was conducted were not paid at the overtime rate2 and1 in the year before the survey was conducted1 #dc percent of the workers who attempted to address such issues by filing a complaint with their employer or who attempted to form a labor organization experienced retaliation by their employers1 including by being fired1 suspended1 or receiving threats of reductions in their hours or pay4 7#g7 ,in #bjab1 ,state and ,federal authorities as well as private attorneys recovered at least #icc1jjj1jjj in wage theft enforcement actions1 which was nearly #c times the value of all bank robberies1 residential robberies1 convenience store and gas station robberies1 and street robberies in the ,united ,states during that year4 7#h7 ,a ,department of ,labor study of wage theft in ,california and ,new ,york found that wage theft deprived workers of #cg percent to #di percent of their income1 pushing at least #ae1jjj families below the poverty line and driving another #ej1jjj to #ajj1jjj families deeper into poverty4 7#i7 ,a study analyzing wage theft claims in the ,state of ,washington from #bjji to #bjac estimated that the total economic cost of wage theft to the ,state totaled more than #fd1jjj1jjj resulting from the lower economic activity and spending of low-wage workers due to their lost wages4 7#aj7 ,a ,department of ,labor study of wage violations in ,california and ,new ,york found that wage theft deprived families of #e1fjj1jjj in possible earned income tax credits and resulted in a #bb1jjj1jjj loss in ,state tax revenue1 a #bch1jjj1jjj loss in payroll tax revenue1 and a #aac1jjj1jjj loss in ,federal income tax revenue4 7#aa7 ,barriers to addressing wage theft continue to exist decades after the enactment of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 ,these barriers have resulted1 in significant part1 because enforcement of such ,act has not worked as ,congress originally intended and because many of the provisions of such ,act do not include sufficient penalties to discourage violations4 ,improvements to enforcement and amendments to such ,act are necessary to ensure that such ,act provides effective protection to individuals subject to wage theft4 7#ab7 ,the lack of a ,federal right for employees to receive full compensation at the agreed upon wage rate for all work performed by the employee has resulted in workers being able to recover only the applicable minimum wage1 or the overtime rate if applicable1 when employers engage in wage theft4 7#ac7 ,the lack of a ,federal requirement to provide employees with paystubs indicating how their pay is calculated or to allow employees to inspect their employers' payroll records significantly impedes efforts to identify and challenge wage theft4 7#ad7 ,the lack of a ,federal requirement to pay employees their final payments in a timely manner upon termination of the employment relationship between the employer and employee has led to unreasonable1 and sometimes indefinite1 delays in compensation after an employment relationship ends4 7#ae7 ,while the ,fair ,labor ,standards ,act of #aich1 and regulations promulgated by the ,secretary of ,labor1 as in effect on the day before the date of enactment of this ,act1 require employers to compensate employees at the minimum wage rate and to provide overtime compensation when appropriate1 the lack of civil penalties for violations of these requirements has dampened their effectiveness4 7#af7 ,while the ,fair ,labor ,standards ,act of #aich and regulations promulgated by the ,secretary of ,labor1 as in effect on the day before the date of enactment of this ,act1 provide employees who are subject to wage theft with the right to unpaid minimum wages or unpaid overtime compensation plus an additional equal amount as liquidated damages1 this low level of damages has proved insufficient to deter employers from stealing the wages of their employees4 7#ag7 ,while the ,fair ,labor ,standards ,act of #aich and regulations promulgated by the ,secretary of ,labor1 as in effect on the day before the date of enactment of this ,act1 require employers to keep records of employees' pay1 the lack of remedies for this requirement diminishes the effectiveness of the requirement4 7#ah7 ,while the ,fair ,labor ,standards ,act of #aich and regulations promulgated by the ,secretary of ,labor1 as in effect on the day before the date of enactment of this ,act1 provide for limited criminal penalties when employers violate the provisions of such ,act1 the ,secretary of ,labor rarely resorts to these penalties1 causing them to serve as a hollow threat4 7#ai7 ,the statute of limitations under section #f of the ,portal-to-,portal ,act of #aidg 7#bi ,u4,s4,c4 #bee71 in effect on the day before the date of enactment of this ,act1 precludes employees from bringing claims for wage theft #b years after the cause of action accrued1 or #c years after the cause of action accrued if the claim is with respect to a willful violation by the employer4 ,additionally1 the statute of limitations is not suspended while the ,secretary of ,labor investigates a complaint4 ,these strict confines of the statute of limitations sometimes result in employees being deprived of their ability to institute a private lawsuit against their employer in order to recover their stolen wages4 7#bj7 ,section #af7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;b771 as in effect on the day before the date of enactment of this ,act1 requires employees to affirmatively opt-in in order to be a party plaintiff in a collective action brought by another aggrieved employee seeking to recover stolen wages in court4 ,this provision limits the ability of employees to unite and pursue private lawsuits against employers4 7#ba7 ,under the penalty structure of the ,fair ,labor ,standards ,act of #aich1 as in effect on the day before the date of enactment of this ,act1 many employers who are caught violating such ,act continue to violate the ,act4 ,a ,department of ,labor investigation found that one-third of employers who had previously engaged in wage theft continued to do so4 7#bb7 ,the ,government ,accountability ,office and the ,department of ,labor have recognized that when employers are assessed civil penalties1 they are more likely to comply with the law in the future and other employers in the same region--regardless of industry--are also more likely to comply with the law4 7#bc7 ,states that have enacted legislation to address wage theft by increasing the damages to which employees are entitled following violations of wage and hour laws have positively impacted the workers in such ,states4 ,however1 many ,states have not enacted such legislation and1 worse still1 some ,states do not have any laws protecting workers from wage theft or even agencies to enforce workers' rights to compensation for work4 ,this discrepancy in ,state laws has resulted in a fragmentation of workers' rights across the ,united ,states1 with some workers having a measure of protection from wage theft and other workers being left extremely vulnerable to wage theft4 7#bd7 ,effective enforcement of wage and hour laws is critical to increasing compliance4 ,given the limited resources available for enforcement1 enhanced strategic enforcement of ,federal wage and hour laws is crucial4 7#be7 ,for enhanced strategic enforcement to be effective1 government regulators must work with community stakeholders who have direct knowledge of ongoing violations of ,federal wage and hour requirements and who are in a position to prevent such violations4 7#bf7 ,partnerships between regulators1 workers1 nonprofit organizations1 and businesses can increase compliance by educating workers about their rights1 collecting evidence1 reporting violations1 identifying noncompliant employers1 and modeling good practices4 7#bg7 ,partnerships between regulators1 workers1 nonprofit organizations1 and businesses have been successful in combating wage theft4 ,in #bjjf1 the ,division of ,labor ,standards ,enforcement of the ,state of ,california created a janitorial enforcement team to work closely with a local janitorial watchdog organization4 ,as of #bjae1 the partnership had resulted in countless administrative1 civil1 and criminal actions against employers and in the collection of more than #fh1jjj1jjj in back pay for janitorial workers4 7#bh7 ,the ,comptroller ,general of the ,united ,states has recommended that the ,department of ,labor identify ways to leverage its resources to better combat wage theft by improving services provided through partnerships4 #c4 ,purposes ,the purposes of this ,act are to prevent wage theft and facilitate the recovery of stolen wages by-- 7#a7 strengthening the penalties for engaging in wage theft2 7#b7 giving workers the right to receive1 in a timely manner1 full compensation for the work they perform1 certain disclosures1 regular paystubs1 and final payments2 7#c7 providing workers with improved tools to recover their stolen wages in court2 and 7#d7 making assistance available to enhance enforcement of and compliance with ,federal wage and hour laws through-- 7,a7 supporting initiatives that address and prevent violations of such laws and assist workers in wage recovery2 7,b7 supporting individual entities and developing community partnerships that expand and improve cooperative efforts between enforcement agencies and community-based organizations in the prevention of wage and hour violations and enforcement of wage and hour laws2 7,c7 expanding outreach to workers in industries or geographic areas identified by the ,secretary of ,labor as highly noncompliant with ,federal wage and hour laws2 7,d7 improving detection of employers who are not complying with such laws and aiding in the identification of violations of such laws2 and 7,e7 facilitating the collection of evidence to assist enforcement efforts4 ,i ,amendments to the ,fair ,labor ,standards ,act of #aich #aja4 ,requirements to provide certain disclosures1 regular paystubs1 and final payments ,the ,fair ,labor ,standards ,act of #aich is amended by inserting after section #d 7#bi ,u4,s4,c4 #bjd7 the following3 #e4 ,requirements to provide certain disclosures1 regular paystubs1 and final payments 7a7 ,disclosures 7#a7 ,initial disclosures ,not later than #ae days after the date on which an employer hires an employee who in any workweek is engaged in commerce or in the production of goods for commerce1 or is employed in an enterprise engaged in commerce or in the production of goods for commerce1 the employer of such employee shall provide such employee with an initial disclosure containing the information described in paragraph 7#c74 7#b7 ,modification disclosures ,not later than #ae days after the date on which any of the information described in paragraph 7#c7 changes with respect to an employee described in paragraph 7#a71 the employer of such employee shall provide the employee with a modification disclosure containing all the information described in paragraph 7#c74 7#c7 ,information ,the information described in this paragraph shall include-- 7,a7 the rate of pay and whether the employee is paid by the hour1 shift1 day1 week1 or job1 or by salary1 piece rate1 commission1 or other form of compensation2 7,b7 an indication of whether the employee is being classified by the employer as an employee subject to the maximum hours and overtime compensation requirements of section #g or as an employee exempt from such requirements as provided under section #ac2 7,c7 the name of the employer and any other name used by the employer to conduct business2 and 7,d7 the physical address of and telephone number for the employer's main office or principle place of business1 and a mailing address for such office or place of business if the mailing address is different than the physical address4 7b7 ,paystubs 7#a7 ,in general ,every employer shall provide each employee of such employer who in any workweek is engaged in commerce or in the production of goods for commerce1 or is employed in an enterprise engaged in commerce or in the production of goods for commerce1 a paystub that corresponds to work performed by the employee during the applicable pay period and contains the information required under paragraph 7#c7 in any form provided under paragraph 7#b74 7#b7 ,forms ,a paystub required under this subsection shall be a written statement and may be provided in any of the following forms3 7,a7 ,as a separate document accompanying any payment to an employee for work performed during the applicable pay period4 7,b7 ,in the case of an employee who receives paychecks from the employer1 as a detachable statement accompanying each paycheck4 7,c7 ,as a digital document provided through electronic communication1 subject to the employee affirmatively consenting to receive the paystubs in this form4 7#c7 ,contents ,each paystub shall contain all of the following information3 7,a7 ,the name of the employee4 7,b7 ,in the case of an employee who is paid an hourly wage1 an employee who is employed at piece rates1 or an employee who is paid a salary and is not exempt from the overtime requirements of section #g1 the total number of hours worked by the employee1 including the number of hours worked per workweek1 during the applicable pay period4 7,c7 ,the total gross and net wages paid1 and1 in the case of an employee who is paid an hourly wage1 an employee who is employed at piece rates1 or an employee who is paid a salary and is not exempt from the overtime requirements of section #g1 the rate of pay for each hour worked during the applicable pay period4 7,d7 ,in the case of an employee who is paid a salary in lieu of an hourly wage1 the amount of salary paid during the applicable pay period4 7,e7 ,in the case of an employee employed at piece rates1 the number of piece rate units earned1 the applicable piece rates1 and the total amount paid to the employee for the applicable pay period in accordance with such piece rates4 7,f7 ,the rate of pay of the employee during the applicable pay period and an explanation of the basis for such rate4 7,g7 ,the number of overtime hours worked by the employee during the applicable pay period and the compensation required under section #g that is provided to the employee for such hours4 7,h7 ,any additional compensation provided to the employee during the applicable pay period1 with an explanation of each type of compensation1 including any allowances or reimbursements such as amounts related to meals1 clothing1 lodging1 or any other item1 and any cost to the employee associated with such allowance or reimbursements4 7,i7 ,itemized deductions from the gross income of the employee during the applicable pay period1 and an explanation for each deduction4 7,j7 ,the date that is the beginning of the applicable pay period and the date that is the end of such applicable pay period4 7,k7 ,the name of the employer and any other name used by the employer to conduct business4 7,l7 ,the name and phone number of a representative of the employer for contact purposes4 7,m7 ,any additional information that the ,secretary reasonably requires to be included through notice and comment rulemaking4 7c7 ,final payments 7#a7 ,in general ,not later than #ad days after an individual described in paragraph 7#d7 terminates employment with an employer 7by action of the employer or the individual71 or on the date on which such employer pays other employees for the pay period during which the individual so terminates such employment1 whichever date is earlier1 the employer shall provide the individual with a final payment1 by compensating such individual for any uncompensated hours worked or benefits incurred by the individual as an employee for the employer4 7#b7 ,continuing wages ,an employer who violates the requirement under paragraph 7#a7 shall1 for each day1 not to exceed #cj days1 of such violation provide the individual described in paragraph 7#d7 with compensation at a rate that is equal to the regular rate of compensation to which such individual was entitled when such individual was an employee of such employer4 7#c7 ,limitation ,notwithstanding paragraphs 7#a7 and 7#b71 any individual described in paragraph 7#d7 who intentionally avoids receiving a final payment described in paragraph 7#a71 or who refuses to receive the final payment when fully tendered1 resulting in the employer violating the requirement under such paragraph1 shall not be entitled to the compensation provided under paragraph 7#b7 for the time during which the individual so avoids final payment4 7#d7 ,individual ,an individual described in this paragraph is an individual who was employed by the employer1 and through such employment1 in any workweek1 was engaged in commerce or in the production of goods for commerce1 or was employed in an enterprise engaged in commerce or in the production of goods for commerce4 4 #ajb4 ,right to full compensation ,section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7 is amended by adding at the end the following3 7h7 ,right to full compensation 7#a7 ,in general ,in the case of an employment contract or other employment agreement1 including a collective bargaining agreement1 that specifies that an employer shall compensate an employee 7who is described in paragraph 7#b77 at a rate that is higher than the rate provided under subsection 7a71 the employer shall compensate such employee at the rate specified in such contract or other employment agreement4 7#b7 ,employee engaged in commerce ,the requirement under paragraph 7#a7 shall apply with respect to any employee who in any workweek is engaged in commerce or in the production of goods for commerce1 or is employed in an enterprise engaged in commerce or in the production of goods for commerce4 4 #ajc4 ,civil and criminal enforcement 7a7 ,damages ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 as amended by section #ajb1 is further amended-- 7#a7 in section #d7;f7 7#bi ,u4,s4,c4 #bjd7;f771 in the third sentence-- 7,a7 by striking minimum2 and 7,b7 by striking and liquidated damages and inserting damages1 and interest2 7#b7 in section #f7;d77#c7 7#bi ,u4,s4,c4 #bjf7;d77#c77 by striking minimum2 7#c7 in section #af 7#bi ,u4,s4,c4 #baf7-- 7,a7 in subsection 7b7-- 7i7 by striking minimum each place it appears2 7ii7 in the first sentence1 by striking and in an additional equal amount as liquidated damages and inserting 1 an additional amount as damages that is equal to 7subject to the second sentence of this subsection7 #b times such amount of unpaid wages or unpaid overtime compensation1 and the amount of any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate2 7iii7 in the second sentence1 by striking wages lost and an additional equal amount as liquidated damages and inserting wages lost1 including any unpaid wages or any unpaid overtime compensation1 an additional amount as damages that is equal to #c times the amount of such wages lost1 and the amount of any interest on such wages lost accrued at the prevailing rate2 7iv7 by striking the fourth sentence2 and 7v7 by adding at the end the following3 ,notwithstanding chapter #a of title #i1 ,united ,states ,code 7commonly known as the ,federal ,arbitration ,act7 or any other law1 the right to bring an action1 including a collective action1 in court under this section cannot be waived by an employee as a condition of employment or in a pre-dispute arbitration agreement42 and 7,b7 in subsection 7c7-- 7i7 by striking minimum each place the term appears2 7ii7 in the third sentence1 by striking or liquidated2 7iii7 in the first sentence1 by striking and an additional equal amount as liquidated damages and inserting 1 an additional amount as damages that is equal to 7subject to the third sentence of this subsection7 #b times such amount of unpaid wages or unpaid overtime compensation1 and any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate2 and 7iv7 in the second sentence1 by striking and an equal amount as liquidated damages4 and inserting 1 an additional amount as damages that is equal to 7subject to the third sentence of this subsection7 #b times such amount of unpaid wages or unpaid overtime compensation1 and any interest on such unpaid wages or unpaid overtime compensation accrued at the prevailing rate4 ,in the event that the employer violates section #ae7;a77#c71 the ,secretary may bring an action in any court of competent jurisdiction to recover the amount of any wages lost1 including any unpaid wages or any unpaid overtime compensation1 an additional amount as damages that is equal to #c times the amount of such wages lost1 and any interest on such wages lost accrued at the prevailing rate42 and 7#d7 in section #ag 7#bi ,u4,s4,c4 #bag71 by striking minimum4 7b7 ,civil fines ,section #af7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 7,a7 ,subject to subparagraph 7,b71 any person who violates section #f or #g1 relating to wages1 shall be subject to a civil fine that is not to exceed #b1jjj per each employee affected for each initial violation of such section4 7,b7 ,any person who repeatedly or willfully violates section #f or #g1 relating to wages1 shall be subject to a civil fine that is not to exceed #aj1jjj per each employee affected for each such violation4 2 and 7#b7 by adding at the end the following3 7#f7 ,any person who violates subsection 7a7 or 7b7 of section #e shall-- 7,a7 for the first violation of such subsection1 be subject to a civil fine that is not to exceed #ej per each employee affected2 and 7,b7 for each subsequent violation of such subsection1 be subject to a civil fine that is not to exceed #ajj per each employee affected4 7#g7 ,any person who violates section #aa7;c7 shall-- 7,a7 for the first violation1 be subject to a civil fine that is not to exceed #a1jjj per each employee affected2 and 7,b7 for each subsequent violation1 be subject to a civil fine that is not to exceed #e1jjj per each employee affected4 4 7c7 ,criminal penalties ,section #af7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;a77 is amended-- 7#a7 by striking ,any person and inserting 7#a7 ,any person2 7#b7 in the first sentence1 by striking #aj1jjj and inserting #aj1jjj per each employee affected2 7#c7 in the second sentence1 by striking ,no person and inserting ,subject to paragraph 7#b71 no person2 and 7#d7 by adding at the end the following3 7#b7 7,a7 ,notwithstanding any other provision of this ,act1 the ,secretary shall refer any case involving a covered offender described in subparagraph 7,b7 to the ,department of ,justice for prosecution4 7,b7 ,a covered offender described in this subparagraph is an offender who willfully violates each of the following3 7i7 ,section #aa7;c7 by falsifying any records described in such section4 7ii7 ,section #f or #g1 relating to wages4 7iii7 ,section #ae7;a77#c74 4 #ajd4 ,recordkeeping ,section #aa7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;c77 is amended by adding at the end the following3 ,in the event that an employee requests an inspection of the records described in this subsection that pertain to such employee1 the employer shall provide the employee with a copy of the records for a period of up to #e years prior to such request being made4 ,not later than #ba days after an employee requests such an inspection1 the employer shall comply with the request4 ,in the event that an employer violates this subsection1 resulting in a lack of a complete record of an employee's hours worked or wages owed1 notwithstanding whether the employer or employee is responsible for maintaining the employer's official records1 any evidence of the hours worked or wages owed set forth by the employee1 including evidence of a documentary1 testimonial1 representative1 or statistical nature1 that is sufficient to establish to a finder of fact a just and reasonable inference that the employee was not fully compensated at the rate required by this ,act1 including under section #f7;h7 as applicable1 for all of the work that the employee performed for the employer shall establish a rebuttable presumption that the employer violated section #f or #g by failing to fully compensate the employee at the required rate for all work performed by the employee for the employer and a rebuttable presumption that the evidence set forth by the employee regarding the specific number of hours worked by the employee for the employer for which the employee was not compensated and the wage rate for each of those hours is accurate4 ,the employer may only overcome the rebuttable presumptions described in this subsection by providing clear and convincing evidence that the employee's evidence is inaccurate44 ,,ii ,amendments to the ,portal-to-,portal ,act of #aidg #bja4 ,increasing and tolling statute of limitations ,section #f of the ,portal-to-,portal ,act of #aidg 7#bi ,u4,s4,c4 #bee7 is amended-- 7#a7 in the matter preceding subsection 7a7-- 7,a7 by striking minimum2 and 7,b7 by striking liquidated damages and inserting other damages2 7#b7 in subsection 7a7-- 7,a7 by striking may be commenced within two years and inserting may be commenced within #d years2 7,b7 by striking unless commenced within two years and inserting unless commenced within #d years2 and 7,c7 by striking may be commenced within three years and inserting may be commenced within #e years2 7#c7 in subsection 7d71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7e7 with respect to the running of any statutory period of limitation described in this section1 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 investigation or enforcement action and ending on the date on which the ,secretary notifies the employer that the matter has been officially resolved by the ,secretary4 4 ,,iii ,wage theft prevention and wage recovery grant program #cja4 ,definitions ,in this title3 7#a7 ,administrator ,the term the ,administrator means the ,administrator of the ,wage and ,hour ,division of the ,department of ,labor4 7#b7 ,community partner ,the term community partner means any stakeholder with a commitment to enforcing wage and hour laws and preventing abuses of such laws1 including any-- 7,a7 ,state department of labor2 7,b7 attorney general of a ,state1 or other similar authorized official of a political subdivision thereof2 7,c7 law enforcement agency2 7,d7 consulate2 7,e7 employee or advocate of employees1 including a labor organization1 community and faith-based organization1 business association1 or nonprofit legal aid organization2 7,f7 academic institution that plans1 coordinates1 and implements programs and activities to prevent wage and hour violations and recover unpaid wages1 damages1 and penalties2 or 7,g7 any municipal agency responsible for the enforcement of local wage and hour laws4 7#c7 ,community partnership ,the term community partnership means a partnership between-- 7,a7 a working group consisting of community partners2 and 7,b7 the ,department of ,labor4 7#d7 ,eligible entity ,the term eligible entity means an entity that is any of the following3 7,a7 ,a nonprofit organization1 including a community-based organization1 faith-based organization1 or labor organization1 that provides services and support to employees1 including assisting such employees in recovering unpaid wages4 7,b7 ,an employer4 7,c7 ,a business association4 7,d7 ,an institution of higher education1 as defined by section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7,e7 ,a partnership between any of the entities described in subparagraphs 7,a7 through 7,d74 7#e7 ,employ2 employee2 employer ,the terms employ1 employee1 and employer have the meanings given such terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#g7 ,strategic enforcement ,the term strategic enforcement means the process by which the ,secretary-- 7,a7 targets highly noncompliant industries1 as identified by the ,secretary1 using industry-specific structures to influence1 and ultimately reform1 networks of interconnected employers2 7,b7 analyzes regulatory regimes under which specific industries operate2 and 7,c7 modifies the enforcement approach of such regulatory regimes in order to ensure the greatest impact4 7#h7 ,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 ,labor1 including any provision of this ,act enforced by such division4 7#i7 ,wage and hour violation ,the term wage and hour violation refers to any violation of a ,federal law enforced by the ,wage and ,hour ,division of the ,department of ,labor1 including any provision of this ,act enforced by such division4 #cjb4 ,wage theft prevention and wage recovery grant program 7a7 ,in general ,the ,secretary1 acting through the ,administrator1 shall provide grants to eligible entities to assist such entities in enhancing the enforcement of wage and hour laws1 in accordance with this section and consistent with the purposes of this ,act4 7b7 ,grants ,a grant provided under this section shall be designed to-- 7#a7 support an eligible entity in establishing and supporting the activities described in subsection 7c77#a72 and 7#b7 develop community partnerships to expand and improve cooperative efforts between enforcement agencies and members of the community to-- 7,a7 prevent and reduce wage and hour violations2 and 7,b7 assist employees in recovering back pay for any such violations4 7c7 ,use of funds 7#a7 ,permissible activities ,the grants described in this section shall assist eligible entities in establishing and supporting activities that include-- 7,a7 disseminating information and conducting outreach and training to educate employees about their rights under wage and hour laws2 7,b7 conducting educational training for employers about their obligations under wage and hour laws2 7,c7 conducting orientations and trainings jointly with officials of the ,wage and ,hour ,division of the ,department of ,labor2 7,d7 providing assistance to employees in filing claims of wage and hour violations2 7,e7 assisting enforcement agencies in conducting investigations1 including in the collection of evidence and recovering back pay2 7,f7 monitoring compliance with wage and hour laws2 7,g7 performing joint visitations to worksites that violate wage and hour laws with officials from the ,wage and ,hour ,division of the ,department of ,labor2 7,h7 establishing networks for education1 communication1 and participation in the workplace and community2 7,i7 evaluating the effectiveness of programs designed to prevent wage and hour violations and enforce wage and hour laws2 7,j7 recruiting and hiring of staff and volunteers2 7,k7 production and dissemination of outreach and training materials2 and 7,l7 any other activities as the ,secretary may reasonably prescribe through notice and comment rulemaking4 7#b7 ,prohibited activities ,notwithstanding paragraph 7#a71 an eligible entity receiving a grant under this section may not use the grant funds for any purpose reasonably prohibited by the ,secretary through notice and comment rulemaking4 7d7 ,term of grants ,each grant made under this section shall be available for expenditure for a period that is not to exceed #c years4 7e7 ,applications 7#a7 ,in general ,an eligible entity seeking a grant under this section shall submit an application for such grant to the ,secretary in accordance with this subsection4 7#b7 ,partnerships ,in the case of an eligible entity that is a partnership described in section #cja7d77;,e71 the eligible entity may submit a joint application that designates a single entity as the lead entity for purposes of receiving and disbursing funds4 7#c7 ,contents ,an application under this subsection shall include-- 7,a7 a description of a plan for the program that the eligible entity proposes to carry out with a grant under this section1 including a long-term strategy and detailed implementation plan that reflects expected participation of1 and partnership with1 community partners2 7,b7 information on the prevalence of wage and hour violations in each community or ,state of the eligible entity2 7,c7 information on any industry or geographic area targeted by the plan for such program2 7,d7 information on the type of outreach and relationship building that will be conducted under such program2 7,e7 information on the training and education that will be provided to employees and employers under such program2 and 7,f7 the method by which the eligible entity will measure results of such program4 7f7 ,selection 7#a7 ,competitive basis ,in accordance with this subsection1 the ,secretary shall1 on a competitive basis1 select grant recipients from among eligible entities that have submitted an application under subsection 7e74 7#b7 ,priority ,in selecting grant recipients under paragraph 7#a71 the ,secretary shall give priority to eligible entities that-- 7,a7 serve employees in any industry or geographic area that is most highly at risk for noncompliance with wage and hour violations1 as identified by the ,secretary2 and 7,b7 demonstrate past and ongoing work to prevent wage and hour violations or to recover unpaid wages4 7#c7 ,other considerations ,in selecting grant recipients under paragraph 7#a71 the ,secretary shall also consider-- 7,a7 the prevalence of ongoing community support for each eligible entity1 including financial and other contributions2 and 7,b7 the eligible entity's past and ongoing partnerships with other organizations4 7g7 ,memoranda of understanding 7#a7 ,in general ,not later than #fj days after receiving a grant under this section1 the grant recipient shall negotiate and finalize with the ,secretary a memorandum of understanding that sets forth specific goals1 objectives1 strategies1 and activities that will be carried out under the grant by such recipient through a community partnership4 7#b7 ,signatures ,a representative of the grant recipient 7or1 in the case of a grant recipient that is an eligible entity described in section #cja7d77;,e71 a representative of each entity that composes the grant recipient7 and the ,secretary shall sign the memorandum of understanding under this subsection4 7#c7 ,revisions ,the memorandum of understanding under this subsection shall be reviewed and revised by the grant recipient and the ,secretary each year of the duration of the grant4 7h7 ,performance evaluations 7#a7 ,in general ,each grant recipient under this section shall develop procedures for reporting1 monitoring1 measuring1 and evaluating the activities of each program or project funded under this section4 7#b7 ,guidelines ,the procedures required under paragraph 7#a7 shall be in accordance with guidelines established by the ,secretary4 7i7 ,revocation or suspension of funding ,if the ,secretary determines that a recipient of a grant under this section is not in compliance with the terms and requirements of the memorandum of understanding under subsection 7g71 the ,secretary may revoke or suspend 7in whole or in part7 the funding of the grant4 7j7 ,use of components ,in addition to the ,wage and ,hour ,division1 the ,secretary 7acting through the ,administrator7 may use any division or agency of the ,department of ,labor in carrying out this title4 #cjc4 ,,gao study 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study to identify successful programs carried out by grants under section #cjb1 and the elements1 policies1 or procedures of such programs that can be replicated by other programs carried out by grants under such section4 7b7 ,report ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to the ,secretary and ,congress containing the results of the study conducted under subsection 7a74 7c7 ,use of information ,the ,secretary shall use information contained in the report submitted under subsection 7b7-- 7#a7 to improve the quality of community partnership programs assisted or carried out under this title that are in existence as of the publication of the report2 and 7#b7 to develop models for new community partnership programs to be assisted or carried out under this title4 #cjd4 ,authorization of appropriations ,there is authorized to be appropriated #ej1jjj1jjj for fiscal year #bjbj and for each subsequent fiscal year through fiscal year #bjbc1 to remain available until expended1 to carry out the grant program under section #cjb4 ,,iv ,regulations and effective date #dja4 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor shall promulgate such regulations as are necessary to carry out this ,act1 and the amendments made by this ,act4 #djb4 ,effective date ,the amendments made by titles ,i and ,,ii shall take effect on the date that is the earlier of-- 7#a7 the date that is #f months after the date on which the final regulations are promulgated by the ,secretary of ,labor under section #dja2 and 7#b7 the date that is #ah months after the date of enactment of this ,act4