S. 5386

Don’t STEAL Act

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Sec. 2. 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) Compensation

(1) In general. Subject to section 7, an employer shall compensate an employee (who is described in subsection (b)) at a rate that is not less than the greater of—

(A) the rate required by any contract, collective bargaining agreement, or other employment agreement (as such term is defined by the Secretary) that specifies how much such employer shall compensate such employee; or

(B) the wage rate required under applicable Federal or State law.

(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. Section 10 of the Fair Labor Standards Act of 1938 (29 U.S.C. 210) is repealed.

(c) Prohibited Acts. Section 15(a)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(2)) is amended by striking or section 7 and inserting , 7, or 8.