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S. 5386

BillFederalSenateIn Committee
A bill to amend the Fair Labor Standards Act of 1938 to provide for increased criminal and civil penalties for wage theft, and for other purposes.
About This Bill
Committee
Latest Action · September 14, 2026
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced
September 14, 2026
Cosponsors (0)
None
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Summary

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The Don't STEAL Act amends federal wage and hour laws to strengthen protections against wage theft by employers. The bill creates a new right for employees to receive compensation at the higher of either what their employment contract specifies or what federal and state law requires, and it significantly increases both criminal and civil penalties for willful violations. Employers who knowingly withhold wages or overtime compensation exceeding $1,000 would face fines and up to five years in prison, while violations of $1,000 or less would carry penalties of up to one year in prison, with courts considering factors like the number of affected employees and the company's size when determining fines. The legislation directs that criminal fines collected from wage theft violations be used to fund enforcement efforts by the Department of Labor's Wage and Hour Division. These changes take effect 90 days after the bill becomes law.

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