S. 637 — Introduced in Senate

II 118th CONGRESS 1st Session S. 637 IN THE SENATE OF THE UNITED STATES March 2, 2023Mr. Schatz (for himself, Mr. Fetterman, Mr. Durbin, Ms. Cortez Masto, Ms. Baldwin, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to apply child labor laws to independent contractors, increase penalties for child labor law violations, and for other purposes. 1. Short title This Act may be cited as the Child Labor Prevention Act. 2. Amendments to the Fair Labor Standards Act of 1938 (a) Application to workers The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended— (1) in section 3 (29 U.S.C. 203)— (A) in subsection (d)— (i) by striking Employer includes and inserting (1) Employer includes; (ii) by inserting (or, for purposes of any child labor provision of this Act, including paragraph (2), subsection (aa), section 12, and any provision of this Act administering or enforcing such a child labor provision, a worker) after employee; and (iii) by adding at the end the following: (2) Notwithstanding any other provision in this section, for purposes of any child labor provision of this Act, including subsections (l) and (aa), section 12, and any provision of this Act administering or enforcing such a child labor provision, the term employer includes any person engaging an individual (including an independent contractor) for the performance of work. ; (B) in subsection (j)— (i) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, worker) after employee each place it appears; and (ii) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, engaged for work) after was employed; (C) in subsection (l)— (i) by striking employment under and inserting work under; (ii) by striking employee each place it appears and inserting worker; (iii) by striking is employed by each place it appears and inserting performs work for; (iv) by striking employing and inserting engaging for work; (v) by striking employment of each place it appears and inserting engagement for work of; (vi) by striking employment in and inserting engagement for work in; (vii) by striking employees and inserting workers; and (viii) by striking such employment and inserting such work; (D) in subsection (s), by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, workers) after employees each place it appears; and (E) by adding at the end the following: (z) Work, for purposes of any child labor provision of this Act, including subsections (d)(2), (l), and (aa), section 12, and any provision of this Act administering or enforcing such a child labor provision, means the performance of services for remuneration, including employment. (aa) Worker, for purposes of any child labor provision of this Act, including subsection (l), section 12, and any provision of this Act administering or enforcing such a child labor provision, means any individual (including an independent contractor or an employee) engaged for work by an employer. ; (2) in section 11 (29 U.S.C. 211)— (A) in subsection (a)— (i) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, work) after employment; and (ii) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, workers) after such employees; and (B) in subsection (c)— (i) by inserting or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, the persons working for the employer after employed by him; and (ii) by inserting (or, for purposes of any such child labor provision of this Act, work) after employment; (3) in section 12 (29 U.S.C. 212)— (A) in subsection (b), by striking employment of and inserting engagement for work of; and (B) in subsection (d), by striking employee and inserting worker; (4) in section 13 (29 U.S.C. 213)— (A) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A)— (aa) by striking employee each place it appears and inserting worker; (bb) by striking employed in and inserting engaged for work in; and (cc) by striking so employed and inserting so engaged; (II) in subparagraph (A)— (aa) by striking employed by and inserting engaged for work by; (bb) by striking is employed with by inserting is engaged for work with; and (cc) by striking employees and inserting workers; and (III) in subparagraph (B)— (aa) by striking such employment and inserting such engagement for work; (bb) by striking employed and inserting engaged for work; and (cc) by striking employee and inserting worker; (ii) in paragraph (2)— (I) by striking employee each place it appears and inserting worker; (II) by striking employed in and inserting engaged for work in; (III) by striking employment of and inserting engagement for work of; and (IV) by striking employed by and inserting so engaged by; (iii) in paragraph (3), by striking employed and inserting engaged for work; (iv) in paragraph (4)— (I) in subparagraph (A)— (aa) in the matter preceding clause (i)— (AA) by striking employment and inserting engagement for work; and (BB) by striking employed and inserting engaged for work; (bb) in clause (ii), by striking employment and inserting engagement for work; (cc) in clause (iv), by striking employment and inserting engagement for work; and (dd) in clause (v), by striking employed and inserting engaged for work; and (II) in subparagraph (B), by striking employed each place it appears and inserting engaged for work; (v) in paragraph (5)— (I) by striking employee each place it appears and inserting worker; (II) by striking employees each place it appears and inserting workers; and (III) in subparagraph (C)— (aa) in clause (i), by striking employee's each place it appears and inserting worker's; and (bb) in clause (iii)(I), by striking employment and inserting work; (vi) in paragraph (6)— (I) in the matter preceding subparagraph (A)— (aa) by striking employees who are under and inserting workers who are under; and (bb) by striking Employee who are 17 and inserting Workers who are 17; (II) by striking employee each place it appears and inserting worker; (III) by striking employee's each place it appears and inserting worker's; (IV) by striking of employment each place it appears and inserting of work; (V) in subparagraph (F), by striking employees of each place it appears and inserting workers of; and (VI) in subparagraph (G), by striking employment and inserting engagement for work; and (vii) in paragraph (7)— (I) in subparagraph (A)(i), by striking employed and inserting engaged for work; and (II) in subparagraph (B), in the matter preceding clause (i), by striking employment and inserting engagement for work; (B) in subsection (d), by inserting (or, for purposes of section 12, worker) after any employee; and (C) in subsection (f), by inserting (or, for purposes of section 11 (with respect to any child labor provision of this Act) and 12, worker) after any employee; (5) in section 16(e)(1)(A) (29 U.S.C. 216(e)(1)(A)), by striking employee and inserting worker; and (6) in section 18C (29 U.S.C. 218c)— (A) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, worker) after employee each place it appears; and (B) by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, of work) after employment each place it appears. (b) Civil penalties Section 16(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(1)), as amended by subsection (a)(5), is further amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking not to exceed and inserting of an amount (subject to subparagraph (C)) that is; (B) in clause (i), by striking $11,000 and inserting not less than $5,000 and not more than $132,270; and (C) in clause (ii), by striking $50,000 and inserting not less than $25,000 and not more than $601,150; and (2) by adding at the end the following: (C) The dollar amounts referred to in clauses (i) and (ii) of subparagraph (A) shall be increased annually, for fiscal year 2024 and every fiscal year thereafter, by the percent increase, if any, in the consumer price index for all urban consumers (all items; United States city average) for the most recent 12-month period for which applicable data is available. . (c) 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 and inserting (1) Any; (2) by inserting (other than subsection (a)(4) of such section) after section 15; (3) by striking subsection each place it appears and inserting paragraph; and (4) by adding at the end the following: (2) Any person who repeatedly or willfully violates section 15(a)(4) shall upon conviction thereof be subject to a fine of not more than $50,000, or to imprisonment for not more than 1 year, or both. . 3. Effective dates (a) Application to all workers The amendments made by section 2(a) shall take effect on the date that is 90 days after the date of enactment of this Act. (b) Penalties The amendments made by subsections (b) and (c) of section 2 shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act.