Tuesday, June 10, 2008, 4:00 PM

Child Labor Penalties Increased By Genetic Information Nondiscrimination Act

The Genetic Information Nondiscrimination Act included an amendment to the FLSA increasing the penalties for child labor violations. The amendment, which became effective immediately on May 21, 2008, increases the penalty for child labor law violations resulting in death or serious injury to employees under the age of 18 in the workplace. Under the amendment, the maximum penalty is $50,000 for each violation; however, the penalty may be doubled to a maximum of $100,000 if the violation is repeated or willful.

For purposes of the FLSA, "serious injury" is defined as the permanent loss or substantial impairment of one of the senses; permanent loss or substantial impairment of the function of a bodily member, organ or mental faculty, including the loss of all or part of an arm, leg, foot, hand or other body part; or permanent paralysis or substantial impairment that causes loss of movement or mobility of an arm, leg, foot, hand or other body part.

The FLSA amendment also raised the civil penalty for other violations of the child labor laws from $10,000 per employee to $11,000 and increased the maximum penalty for willful violations of the overtime and minimum wage provisions to $1,100 per violation.

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