H.R. 5048

119 HR 5048 IH: Don’t Stand for Taking Employed Americans’ Livings Act
 U.S. House of Representatives
 2025-08-26
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 5048  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. Schakowsky ) introduced the following bill; which was referred to the  Committee 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.
1.
Short title
This Act may be cited as the   Don’t Stand for Taking Employed Americans’ Livings Act   or the   Don’t STEAL Act  .
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:
8.
Right to full compensation
(a)
Compensation
—
(1)
In general
Subject to section 7, an employer shall compensate an employee (who is described in subsection (b)) at a rate that is not less than the greater of—
(A)
the rate required by any contract, collective bargaining agreement, or other employment agreement (as such term is defined by the Secretary) that specifies how much such employer shall compensate such employee; or
(B)
the wage rate required under applicable Federal or State law.
(b)
Employee Engaged In Commerce
The requirement under subsection (a) shall apply with respect to any employee who in any workweek is engaged in commerce 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Section 10 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 210 ) is repealed.
(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 .
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 appears 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 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 subparagraph (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 further 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 inserting  , 7, or 8 .
(c)
Funds for Wage and Hour Division
Paragraph (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 section, ; 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 Department 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.