29 U.S. Code § 216 - Penalties

Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No (b) Damages; right of action; attorney’s fees and costs; termination of right of action

Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Anysection 203(m)(2)(B) of this title shall be liable to the employee, and the right of anysection 217 of this title in which (1) restraint is sought of any further delay in the payment of unpaid minimum wages, or the amount of unpaid overtime compensation, as the case may be, owing to suchsection 207 of this title by an (c) Payment of wages and compensation; waiver of claims; actions by the Secretary; limitation of actions

The section 207 of this title, and the agreement of any States as miscellaneous receipts. In determining when an action is commenced by thePortal-to-Portal Act of 1947 [29 U.S.C. 255(a)], it shall be considered to be commenced in the case of any individual claimant on the date when the complaint is filed if he is specifically named as a party plaintiff in the complaint, or if his name did not so appear, on the subsequent date on which his name is added as a party plaintiff in such action. The authority and requirements described in this subsection shall apply with respect to a violation of section 203(m)(2)(B) of this title, as appropriate, and the (d) Savings provisions

In any action or proceeding commenced prior to, on, or after August 8, 1956 , noPortal-to-Portal Act of 1947 [29 U.S.C. 251 et seq.] on account of his failure to comply with any provision or provisions of this chapter or such Act (1) with respect to work heretofore or hereafter performed in a workplace to which the exemption in section 213(f) of this title is applicable, (2) with respect to work performed in Guam, the Canal Zone or Wake Island before the effective date of this amendment of subsection (d), or (3) with respect to work performed in a possession named in section 206(a)(3) [1] of this title at any time prior to the establishment by the Secretary, as provided therein, of a minimum wage rate applicable to such work.

(A) Any person who violates the provisions of sections [2] 212 or 213(c) of this title, relating to child labor, or any regulation issued pursuant to such sections, shall be subject to a civil penalty not to exceed—

$50,000 with regard to each such violation that causes the death or serious injury of any (B) For purposes of subparagraph (A), the term “serious injury” means—

permanent loss or substantial impairment of one of the senses (sight, hearing, taste, smell, tactile sensation);

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.

Any person who repeatedly or willfully violates section 206 or 207 of this title, relating to wages, shall be subject to a civil penalty not to exceed $1,100 for each such violation. Anysection 203(m)(2)(B) of this title shall be subject to a civil penalty not to exceed $1,100 for each such violation, as the (3) In determining the amount of any penalty under this subsection, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of any penalty under this subsection, when finally determined, may be—

ordered by the court, in an action brought for a violation of section 215(a)(4) of this title or a repeated or willful violation of section 215(a)(2) of this title, to be paid to the (4)

Any administrative determination by the section 554 of title 5 and regulations to be promulgated by the (5)

Except for civil penalties collected for violations of section 212 of this title, sums collected as penalties pursuant to this section shall be applied toward reimbursement of the costs of determining the violations and assessing and collecting such penalties, in accordance with the provision of section 9a of this title. Civil penalties collected for violations of section 212 of this title shall be deposited in the general fund of the Treasury.

[1] See References in Text note below.

[2] So in original. Probably should be “section”.

The Portal-to-Portal Act of 1947, referred to in subsec. (d), is act May 14, 1947, ch. 52, 61 Stat. 84, which is classified principally to chapter 9 (§ 251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 251 of this title and Tables.

The effective date of this amendment of subsection (d), referred to in subsec. (d), occurred upon the expiration of 90 days after Aug. 30, 1957 . See section 2 of Pub. L. 85–231, set out as an Effective Date of 1957 Amendment note under section 213 of this title.

For information regarding the constitutionality of certain provisions of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution. congress .gov.

2022—Subsec. (b). Pub. L. 117–328 substituted “section 215(a)(3) or 218d” for “section 215(a)(3)” wherever appearing.

2018—Subsec. (b). Pub. L. 115–141, § 1201(b)(1), inserted “Anysection 203(m)(2)(B) of this title shall be liable to thePub. L. 115–141, § 1201(b)(2), inserted at end “The authority and requirements described in this subsection shall apply with respect to a violation of section 203(m)(2)(B) of this title, as appropriate, and thePub. L. 115–141, § 1201(b)(3), inserted at end “Anysection 203(m)(2)(B) of this title shall be subject to a civil penalty not to exceed $1,100 for each such violation, as thePub. L. 110–233 amended subsec. (e) generally. Prior to amendment, subsec. (e) related to civil penalties for certain violations.

1990—Subsec. (e). Pub. L. 101–508 struck out “or anysection 212 of this title, sums” for “Sums” in last sentence, and inserted at end “Civil penalties collected for violations of section 212 of this title shall be deposited in the general fund of the Treasury.”

1977—Subsec. (b). Pub. L. 95–151, § 10(a), (b), inserted provisions relating to violations of section 215(a)(3) of this title bysection 217 of this title in which”, and cl. (2), and substituted “An action to recover the liability prescribed in either of the preceding sentences” for “Action to recover such liability”.

Subsec. (c). Pub. L. 95–151, § 10(c), inserted “to recover the liability specified in the first sentence of such subsection” after “an action by or on behalf of anyPub. L. 93–259, § 6(d)(1), substituted in second sentence “maintained against anyPub. L. 93–259, § 26, in revising first three sentences, reenacted first sentence, substituting Pub. L. 93–259, § 25(c), added subsec. (e).

1966—Subsec. (c). Pub. L. 89–601 substituted “statutes of limitations” for “two-year statute of limitations”.

1961—Subsec. (b). Pub. L. 87–30 provided for termination of right of action upon commencement of injunction proceedings by thePub. L. 85–231 added cls. (1) and (2) and designated existing provisions as cl. (3).

1956—Subsec. (d). Act Aug. 8, 1956 , added subsec. (d).

1949—Subsec. (c). Act Oct. 26, 1949 , added subsec. (c).

1947—Subsec. (b). Act May 14, 1947 , struck out provisions relating to the designation by Statutory Notes and Related Subsidiaries

Amendment by Pub. L. 117–328 effective 120 days after Dec. 29, 2022 , see section 103(b) of div. KK of Pub. L. 117–328, set out as a note under section 215 of this title.

“The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [ May 21, 2008 ].”

Amendment by Pub. L. 95–151 effective Jan. 1, 1978 , see section 15(a) of Pub. L. 95–151, set out as a note under section 203 of this title.

Amendment by Pub. L. 93–259 effective May 1, 1974 , see section 29(a) of Pub. L. 93–259, set out as a note under section 202 of this title.

Amendment by Pub. L. 89–601 effective Feb. 1, 1967 , except as otherwise provided, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title.

Amendment by Pub. L. 87–30 effective upon expiration of one hundred and twenty days after May 5, 1961 , except as otherwise provided, see section 14 of Pub. L. 87–30, set out as a note under section 203 of this title.

Amendment by Pub. L. 85–231 effective upon expiration of ninety days from Aug. 30, 1957 , see section 2 of Pub. L. 85–231, set out as a note under section 213 of this title.

Amendment by act Oct. 26, 1949 , effective ninety days after Oct. 26, 1949 , see section 16(a) of act Oct. 26, 1949 , set out as a note under section 202 of this title.

Act May 14, 1947, ch. 52, § 5(b), 61 Stat. 87, provided that:

“The amendment made by subsection (a) of this section [amending this section] shall be applicable only with respect to actions commenced under the Fair Labor Standards Act of 1938, as amended [this chapter], on or after the date of the enactment of this Act [ May 14, 1947 ].”

Liability of State, Political Subdivision, or Interstate Governmental Agency for Violations Before April 15, 1986 , Respecting anyPub. L. 99–150, § 2(c)(1), Nov. 13, 1985 , 99 Stat. 788, provided that:

“No Fair Labor Standards Act of 1938 [29 U.S.C. 216] for a violation of section 6 [29 U.S.C. 206] (in the case of a territory or possession of the United29 U.S.C. 207], or 11(c) [29 U.S.C. 211(c)] (as it relates to section 7) of such Act occurring before April 15, 1986 , with respect to anyJanuary 1, 1985 , and published in sections 775.2 and 775.4 of title 29 of the Code of Federal Regulations.”

Effect of Amendments by Public Law 99–150 onPub. L. 99–150, § 7, Nov. 13, 1985 , 99 Stat. 791, provided that:

“The amendments made by this Act [see Short Title of 1985 Amendment note set out under section 201 of this title] shall not affect whether aFair Labor Standards Act of 1938 [29 U.S.C. 216] for a violation of section 6, 7, or 11 of such Act [29 U.S.C. 206, 207, 211] occurring before April 15, 1986 , with respect to anyJanuary 1, 1985 , and published in section 775.3 of title 29 of the Code of Federal Regulations.”

Secretary authorized to promulgate necessary rules, regulations, or orders on and after the date of the enactment of Pub. L. 89–601, Sept. 23, 1966 , with regard to the amendments made by Pub. L. 89–601, see section 602 of Pub. L. 89–601, set out as a note under section 203 of this title.

Act Oct. 26, 1949, ch. 736, § 16(b), 63 Stat. 920, provided that:

“Except as provided in section 3(o) [29 U.S.C. 203(o)] and in the last sentence of section 16(c) of the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 216(c)], no amendment made by this Act [amending sections 202, 208, 211 to 217 of this title] shall be construed as amending, modifying, or repealing any provisions of the Portal-to-Portal Act of 1947.”

Act Oct. 26, 1949, ch. 736, § 16(d), 63 Stat. 920, provided that actions based upon acts or omissions occurring prior to the effective date of act Oct. 26, 1949 , which was to be effective ninety days after Oct. 26, 1949 , were not prevented by the amendments made to sections 202 to 208, and 211 to 217 of this title by such act, so long as such actions were instituted within two years from such effective date.

Functions relating to enforcement and administration of equal pay provisions vested by subsecs. (b) and (c) of this section in Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization andJan. 1, 1979 , as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978 , 44 F.R. 1053.