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Genetic nondiscrimination law includes increased FLSA child labor penalties

The Genetic Information Nondiscrimination Act (GINA) included a provision to increase penalties for child labor violations under the Fair Labor Standards Act (FLSA), effective May 21, 2008.

Section 302 of GINA raises the maximum penalty to $50,000 for each violation with the possibility of up to $100,000 in penalties for cases where the employer’s violation is repeated or is a willful violation. The increased penalties apply to death or serious injury to children that occur after May 21, 2008.

From a statement released by the U.S. Department of Labor (DOL): “We are pleased that the Congress has enacted the administration’s proposal to strengthen the nation’s child labor laws and to provide today’s teenagers with safe employment opportunities.”

The DOL is responsible for enforcing the child labor provisions of the FLSA. The FLSA establishes national minimum wage, overtime pay for certain jobs, recordkeeping and child labor standards.

The change may result in an updated FLSA poster. Please stay tuned for information regarding any mandatory poster changes that could affect your business.

Visit the DOL website for a full press release.
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