Section 1 Short title
This Act may be cited as the “Justice for Exploited Children Act”.
Justice for Exploited Children Act
A BILL
To amend the Fair Labor Standards Act of 1938 to provide for enhanced penalties for child labor violations.
Sec. 2 Child labor penalties
by striking “Any” and inserting “(1) Any”;
by inserting “(other than subsection (a)(4))” after “15”;
by striking “this subsection” each place it appears and inserting “this paragraph”; and
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 $100,000, or to imprisonment for not more than 5 years, or both.
“(3) Any person shall upon conviction for a violation of section 15(a)(4) be subject to a fine of not more than $500,000, or to imprisonment for not more than 10 years, or both, if such violation was—
“(A) willful and resulted in the death or serious injury of an employee under the age of 18 years; or
“(B) repeated and such violation and a prior violation each resulted in the death or serious injury of such an employee.”
Civil penalties— Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended—
by striking “not to exceed—” and inserting “as follows:”;
in paragraph (A)—
by moving the margins for clauses (i) and (ii) 4 ems to the left;
in clause (i);
by striking “$11,000” and inserting “Not less than $1,000 but not more than $150,000”; and
by striking “; or” and inserting “, which penalty shall be doubled where the violation is a repeated or willful violation.”;
in clause (ii)—
by striking “$50,000” and inserting “Not less than $25,000 but not more than $601,150”;
by striking “death or”; and
by striking “may” and inserting “shall”; and
by adding at the end the following:
“(iii) Not less than $50,000 and not more than $601,150 with regard to each such violation that causes the death of any employee under the age of 18 years, which penalty shall be doubled where the violation is a repeated or willful violation.”
in paragraph (B), by striking “subparagraph (A)” and inserting “this section”.
Effective date— The amendments made by this Act shall apply with respect to violations occurring on or after the date of enactment of this Act.