Don’t STEAL Act Don’t Stand for Taking Employed Americans’ Livings Act
Impact
One of the key impacts of HB9337 would be the introduction of stricter sanctions for employers found guilty of wage theft. The bill outlines penalties for willful violations, designating substantial fines and potential imprisonment based on the severity of the infraction. For instance, violations leading to wage theft exceeding $1,000 could result in up to five years of imprisonment, while lesser amounts still incur significant penalties. These enhancements aim to deter employers from violating labor laws and potentially allow for more substantial enforcement against wage and hour violations, thus elevating protection for employees across various industries.
Summary
House Bill 9337, titled the 'Don’t STEAL Act' or the 'Don’t Stand for Taking Employed Americans’ Livings Act', seeks to amend the Fair Labor Standards Act of 1938 by raising criminal and civil penalties associated with wage theft. The proposed legislation primarily focuses on ensuring that employers are held more accountable for unpaid wages and overtime compensation. Specifically, the bill introduces provisions aimed at safeguarding workers who have agreements specifying higher compensation rates than what is mandated by the existing law, thereby enforcing their right to full compensation as outlined in their employment contracts or collective bargaining agreements.
Contention
The conversations surrounding HB9337 notably reflect a divide among stakeholders, particularly regarding the implications of increased penalties on small businesses versus the need for employee protection. Proponents argue that the amendments are essential for ensuring that workers receive fair pay and are adequately compensated according to their agreements. However, critics voice concerns over the punitive measures and their possible adverse effects on small employers, who may struggle with compliance due to economic constraints. The debate centers on balancing the need for strong labor protections with the operational realities faced by diverse businesses, raising questions about the implications of increased regulation in the labor market.
To amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.
Paycheck Fairness Act This bill addresses wage discrimination on the basis of sex, which is defined to include pregnancy, sexual orientation, gender identity, and sex characteristics. Specifically, it limits an employer's defense that a pay differential is based on a factor other than sex to only bona fide job-related factors in wage discrimination claims, enhances nonretaliation prohibitions, and makes it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee's wages. The bill also increases civil penalties for violations of equal pay provisions. Additionally, the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs must train EEOC employees and other affected parties on wage discrimination. The bill directs the Department of Labor to (1) establish and carry out a grant program to provide training in negotiation skills related to compensation and equitable working conditions, (2) conduct studies to eliminate pay disparities between men and women, and (3) make available information on wage discrimination to assist the public in understanding and addressing such discrimination. The bill establishes the National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. It also establishes the National Equal Pay Enforcement Task Force to address compliance, public education, and enforcement of equal pay laws. Finally, the bill requires the EEOC to issue regulations for collecting from employers compensation and other employment data according to the sex, race, and national origin of employees for use in enforcing laws prohibiting pay discrimination.