2234 112th CONGRESS
H. R. 2234
To amend the Fair Labor Standards Act of 1938
to strengthen the provisions relating to child labor.IN
THE HOUSE OF REPRESENTATIVES
June 16, 2011
ROYBAL-ALLARD introduced the following bill; which was referred to the Committee
on Education and the Workforce
amend the Fair Labor Standards Act of 1938 to strengthen the provisions relating
to child labor.
Be it enacted by the Senate and House
of Representatives of the United States of America in Congress assembled,
1. SHORT TITLE.
This Act may be cited as the `Children's Act for
Responsible Employment of 2011' or the `CARE Act of 2011'.
2. AMENDED DEFINITIONS.
Section 3(l) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(l)) is amended to read as follows:
`(l) `Oppressive child labor' means a condition of employment under which--
`(1) any employee who is 16 or 17 years of age is employed by an employer in any
occupation found by the Secretary and by order declared to be particularly hazardous
for the employment of children between such ages or detrimental to their health
`(2) any employee who is 14 or 15 years
of age is employed by an employer, unless the Secretary has determined that the
employment is confined to periods which will not interfere with the schooling
of the employee, and that the conditions of employment will not interfere with
the health and well-being of the employee; or
employee who is under 14 years of age is employed by an employer.'.
3. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT; REPEAL OF WAIVER
PROVISION FOR HAND HARVEST LABORERS.
(a) Revised Age Requirement-
Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is amended
by striking paragraphs (1) and (2) and inserting the following:
`(1) The provisions of section 12 relating to child labor shall not apply to any
employee under 18 years of age who is employed in agriculture by his or her parent,
or by a person standing in the place of the parent, on a farm owned by the parent
`(2) The provisions of section 12 relating
to child labor shall not apply to any employee under 16 years of age who is employed
by his or her parent, or by a person standing in the place of the parent, in employment
other than agricultural employment, manufacturing, mining, or any other employment
the Secretary finds to be particularly hazardous for the employment of a child
16 or 17 years of age or detrimental to their health or well being.'.
(b) Repeal of Waiver Provision- Section 13(c) of such Act (29 U.S.C. 213(c)) is
further amended by striking paragraph (4) and redesignating paragraphs (5) through
(7) as paragraphs (4) through (6), respectively.
SEC. 4. INCREASED
CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.
Paragraph (1) of section
16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(1)) is amended--
(1) by striking `person' each place it appears and inserting `employer';
(2) in subparagraph (A)--
(A) by striking `not to
exceed' and inserting `of'; and
(B) by amending
clauses (i) and (ii) to read as follows:
less than $500 and not more than $15,000 for each employee who was the subject
of such a violation; or
`(ii) not less than $15,000 and
not more than $50,000 with regard to each such violation that causes the serious
injury, serious illness, or death of any employee under the age of 18 years, which
penalty may be doubled where the violation is a repeated or willful violation.';
(3) in subparagraph (B) by striking `the term `serious
injury' means' and inserting `the terms `serious injury' and `serious illness'
SEC. 5. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED
CHILD LABOR VIOLATIONS.
Section 16 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216) is amended--
(1) in subsection
(a), by striking `Any person' and inserting `Except as provided in subsection
(f), any person'; and
(2) by adding at the end the following:
`(f) Any person who repeatedly or willfully violates any of the provisions of
section 12, and such violations result in or cause the death or serious injury
or serious illness of an employee under 18 years of age at the time of such violation,
shall be subject to imprisonment for not more than 5 years or a fine under title
18, United States Code, or both.'.
SEC. 6. PESTICIDE-RELATED WORKER
Congress finds and declares that the employment
of children under the age of 18 in the occupation of a pesticide handler as defined
in the worker protection standard for workers exposed to pesticides in part 170
of title 40, Code of Federal Regulations, is particularly hazardous to such children
and detrimental to their health and well-being. The Secretary of Labor shall revise
part 570 of title 29, Code of Federal Regulations, to prohibit the employment
of a child under the age of 18 to perform any of the tasks or duties described
in the definition of the term `handler' in section 170.3 of title 40, Code of
SEC. 7. APPLICATION OF FAIR LABOR STANDARDS
(a) Rulemaking- The Secretary of Labor may prescribe
rules as necessary to implement the amendments made by sections 2 through 5 and
the revision required by section 6. Any such rules issued shall take effect not
later than 30 days after the date on which such rules are published in the Federal
(b) Violations- The amendments made by sections 2, 3,
4, and 5 and the revision required by section 7 shall apply to violations of the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that occur after the
date on which the rules issued under subsection (a) take effect.
(c) Rule of Construction- Nothing in the amendments made by section 3, 4, or 5
or in the revision required by section 7 shall be construed to preempt any State
law that provides protections or remedies for employees that are greater than
the protections or remedies provided under such amendments or such revision.