Don’t STEAL Act
Sponsored By: Senator Gillibrand, Kirsten E. [D-NY]
Introduced
Summary
This bill would guarantee a worker's _right to full compensation_ and strengthen penalties for wage theft to make employers pay what they owe.
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- Workers: It would ensure covered employees get whichever is higher: the wage set by a contract, collective bargaining agreement, or employment agreement, or the wage required by federal or state law. Covered employees are those engaged in commerce or in producing goods for commerce.
- Employers: It would add criminal penalties for willful violations. Unpaid wages over $1,000 can carry up to 5 years in prison. Violations of $1,000 or less can carry up to 1 year. Fines follow Title 18 rules and consider the number of employees affected and prior convictions.
- Enforcement and agencies: It would expand civil-penalty references, repeal Section 10 of the Fair Labor Standards Act, and require fines collected under the new criminal provision to be used by the Department of Labor's Wage and Hour Division to pay enforcement costs.
- Effective timing: The new penalties and rules would apply to violations that occur 90 days after enactment.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Higher pay from contract or law
This bill would require employers to pay covered employees at least the higher of two rates. One is the pay stated in any contract, collective bargaining agreement, or other employment agreement as defined by the Secretary. The other is the wage required by applicable Federal or State law. The rule would apply, subject to section 7 of the FLSA, to employees engaged in commerce or in production of goods for commerce and would take effect on enactment.
Stronger penalties for wage theft
This bill would make breaking the new wage rule a prohibited act under the FLSA upon enactment. It would extend existing civil-penalty provisions to cover the new wage-protection section for violations occurring 90 days after enactment. It would create criminal penalties for willful wage theft: fines under title 18 and up to 5 years in prison when withheld wages or unpaid overtime exceed $1,000, and fines and up to 1 year in prison when $1,000 or less. Fines collected under the new criminal rule would be applied by the Wage and Hour Division to enforcement costs. The bill would also repeal FLSA section 10 on enactment as a statutory change.
Sponsors & CoSponsors
Sponsor
Gillibrand, Kirsten E. [D-NY]
NY • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov