H.R. 9458

Wage Theft Prevention and Wage Recovery Act

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I Amendments to the Fair Labor Standards Act of 1938

Sec. 102. Right to full compensation

(a) In general. The Fair Labor Standards Act of 1938 is amended by inserting after section 7 (29 U.S.C. 207) the following:

Text this section adds to the law

8. Right to full compensation

(a) In general. In the case of an employment contract or other employment agreement, including a collective bargaining agreement, that specifies that an employer shall compensate an employee (who is described in subsection (b)) at a rate that is higher than the rate otherwise required under this Act, the employer shall compensate such employee at the rate specified in such contract or other employment agreement.

(b) Employee engaged in commerce. The requirement under subsection (a) shall apply with respect to any employee who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce.

(b) Conforming amendment. The Fair Labor Standards Act of 1938 is amended by repealing section 10 (29 U.S.C. 210).

II Amendments to the Portal-to-Portal Act of 1947

III Wage theft prevention and wage recovery grant program

IV Regulations and effective date