- Potential benefitIncreases deterrence against wage theft by adding criminal penalties and larger civil fines, which supporters would arg…
- CitiesDirects fine revenue to the Wage and Hour Division, potentially increasing enforcement resources and capacity to invest…
- WorkersClarifies that employers must honor the higher of contractual/collective-bargaining pay terms or statutory wage rates,…
Don’t STEAL Act
Referred to the House Committee on Education and Workforce.
This bill amends the Fair Labor Standards Act to create an explicit “right to full compensation,” requiring employers to pay workers at least the greater of pay set by an employment agreement (including contracts and collective bargaining agreements) or applicable federal/state law. It adds that violating that right (and other wage provisions) is a prohibited act, increases criminal penalties for willful violations involving unpaid wages or overtime (up to 5 years imprisonment and fines for violations over $1,000; up to 1 year for violations of $1,000 or less), and expands civil penalty language to cover the new provision.
Appropriateness of criminal penalties: liberals see necessary deterrence and accountability; conservatives see overcriminalization and threat to small businesses.
Relative to its intended legislative type, this bill clearly advances substantive changes to the Fair Labor Standards Act by creating a statutory 'right to full compensation', increasing criminal and civil penalties for wage-related violations, and directing fines to Wage and Hour Division enforcement costs.
This bill amends the Fair Labor Standards Act to create an explicit “right to full compensation,” requiring employers to pay workers at least the greater of pay set by an employment agreement (including contracts and collective bargaining agreements) or applicable federal/state law.
It adds that violating that right (and other wage provisions) is a prohibited act, increases criminal penalties for willful violations involving unpaid wages or overtime (up to 5 years imprisonment and fines for violations over $1,000; up to 1 year for violations of $1,000 or less), and expands civil penalty language to cover the new provision.
The bill directs fines collected under the new criminal provision to be used by the Department of Labor’s Wage and Hour Division for enforcement and takes effect 90 days after enactment.
On content alone, the bill is a focused, administrable change to the FLSA that appeals to constituencies favoring stronger worker protections and funds enforcement via collected fines. However, the addition of criminal penalties tied to modest monetary thresholds is a significant escalation that tends to provoke organized opposition and careful legislative scrutiny. The lack of phase-in provisions or substantial carve-outs and absence of a demonstrated bipartisan compromise in the text lower the bill's overall prospects of becoming law absent substantial amendment or negotiation.
Relative to its intended legislative type, this bill clearly advances substantive changes to the Fair Labor Standards Act by creating a statutory 'right to full compensation', increasing criminal and civil penalties for wage-related violations, and directing fines to Wage and Hour Division enforcement costs. The text contains specific statutory amendments, penalty amounts/timeframes, and an effective date, and integrates with existing FLSA sections.
Appropriateness of criminal penalties: liberals see necessary deterrence and accountability; conservatives see overcriminalization and threat to small businesses.
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- EmployersImposes greater criminal and civil liability risks on employers, including exposure to imprisonment for willful violati…
- EmployersCould disproportionately affect small and resource-constrained employers who may lack sophisticated payroll systems or…
- EmployersMay increase litigation, administrative hearings, and enforcement actions as plaintiffs, private attorneys, and regulat…
Why the argument around this bill splits.
Appropriateness of criminal penalties: liberals see necessary deterrence and accountability; conservatives see overcriminalization and threat to small businesses.
A mainstream liberal observer would likely view the bill positively as a strong, worker-protective measure that closes enforcement gaps and deters wage theft.
They would emphasize that the bill elevates contractual and collective-bargaining pay guarantees, criminalizes willful wage theft, and provides dedicated funding to the Wage and Hour Division to pursue violations.
They may note the bill strengthens labor rights and helps low- and middle-income workers recover stolen pay.
A moderate observer would view the bill as a pro-worker reform with useful enforcement funding but would be concerned about the scale and criminalization of wage violations without clearer safeguards.
They would welcome the reinforcement of contractual and statutory pay floors and the idea of funding enforcement, while seeking clearer definitions of ‘willful’ misconduct, thresholds for criminal exposure, and protections for small employers who make inadvertent mistakes.
The centrist would likely prefer adjustments to calibrate penalties, ensure due process, and avoid unintended burdens on legitimate businesses.
A mainstream conservative observer would likely oppose the bill as an overbroad expansion of federal criminal law and regulatory enforcement that risks penalizing routine payroll mistakes and burdens small businesses.
They would view the creation of new criminal penalties (including potential imprisonment) for wage violations as excessive unless tightly limited to fraudulent, large-scale misconduct.
They would also object to directing fines to the Wage and Hour Division rather than the Treasury, and to further federalization of employment law without strong safeguards for employers.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
On content alone, the bill is a focused, administrable change to the FLSA that appeals to constituencies favoring stronger worker protections and funds enforcement via collected fines. However, the addition of criminal penalties tied to modest monetary thresholds is a significant escalation that tends to provoke organized opposition and careful legislative scrutiny. The lack of phase-in provisions or substantial carve-outs and absence of a demonstrated bipartisan compromise in the text lower the bill's overall prospects of becoming law absent substantial amendment or negotiation.
- No cost estimate or Congressional Budget Office score is included in the text; the fiscal and administrative impacts (on DOJ prosecutions, courts, DOL enforcement workload) are therefore unclear.
- Interaction with existing criminal statutes and prosecutorial discretion is not detailed; federal-state coordination and potential overlap with state criminal or civil remedies could raise legal and jurisdictional questions.
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Appropriateness of criminal penalties: liberals see necessary deterrence and accountability; conservatives see overcriminalization and thre…
On content alone, the bill is a focused, administrable change to the FLSA that appeals to constituencies favoring stronger worker protectio…
Relative to its intended legislative type, this bill clearly advances substantive changes to the Fair Labor Standards Act by creating a statutory 'right to full compensation', increasing criminal and civil penalties for…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.