H.R. 6597 — LET’S Protect Workers Act

This section increases the maximum civil money penalty under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)—which regulates farm labor contractors, agricultural employers, and associations to protect migrant and seasonal agricultural workers—to $30,000 for each violation of the Act or its regulations (from $1,000).

This section amends ERISA section 502 (29 U.S.C. 1132) to strengthen enforcement of mental health and substance use disorder parity requirements (under section 712(a)) and genetic information nondiscrimination requirements (under sections 701 and 702) for group health plans as follows: (1) expands civil penalties under subsection (c)(10)(A) to apply to plan sponsors, plan administrators, service providers, or issuers (previously, plan sponsors only) for failures or participation in failures to meet those requirements, and updates the subsection heading accordingly; (2) revises subsection (a)(6) to authorize the Secretary of Labor to collect any civil penalty imposed under ERISA (previously, only specific penalties under subsections (c)(2), (4)-(9), (i), or (l)); and (3) amends subsection (b)(3) to except Secretary enforcement actions under the revised (c)(9), (c)(10), and (a)(6) (for those penalties), and under section 712, from the general prohibition on such actions against plan fiduciaries.

This section restructures penalties under the National Labor Relations Act (NLRA) by redesignating the existing criminal penalty for willful interference with the National Labor Relations Board (NLRB) or its agents (fine of not more than $5,000, imprisonment for not more than one year, or both) as subsection (a). It establishes new civil penalties under subsection (b) for employers committing unfair labor practices (ULPs) under NLRA section 8(a)—prohibiting employer interference with employees' rights to organize and bargain collectively—of up to $50,000 per violation. (Thus, for repeat ULPs within the preceding five years involving discrimination (section 8(a)(3) or (4)) or employee discharge/serious economic harm, the NLRB must double the penalty to up to $100,000; penalties are in addition to other remedies and deposited in the Treasury general fund.) Subsection (c) requires the NLRB, in determining penalty amounts, to consider (1) gravity and impact on affected parties, (2) employer size, (3) violation history, and (4) public interest. Subsection (d) authorizes personal civil penalties against directors or officers who directed/committed the ULP, set related policy, or knowingly failed to prevent it.

This section amends the Occupational Safety and Health Act of 1970 (OSHA) and the Fair Labor Standards Act of 1938 (FLSA) to treat recordkeeping violations as continuing until the earlier of employer compliance or record retention period expiration. (1) It adds to OSHA section 9(c) (29 U.S.C. 658(c)) that such violations continue for citation purposes until compliance or expiration. (2) It inserts into FLSA section 11(c) (29 U.S.C. 211(c)) a parallel provision specifying that such violations continue for enforcement under FLSA section 16(e)(3) (civil monetary penalties) until compliance or expiration. (Thus, OSHA and DOL may issue citations and penalties for ongoing recordkeeping noncompliance.) This section further directs the Secretary of Labor to promulgate or amend implementing regulations within one year of enactment and deems the directive specific congressional authorization under 5 U.S.C. 801(b)(2) (Congressional Review Act).

This section establishes effective dates for the amendments made by the Act as follows: (1) for sections 2, 3, and 4 (except as provided in section 2(e)(2)(B)), the amendments take effect on January 1, 2027, and apply to violations occurring on or after that date; and (2) for section 5, the amendments take effect on the date of enactment and apply to violations occurring on or after that date.