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Fines for child labor violations altered with enactment of GINA

The Genetic Information Nondiscrimination Act of 2008 (GINA) (H.R. 493), signed by President Bush on May 21, included provisions that alter civil penalties for child labor violations. As enacted, a $50,000 penalty may now be assessed with regard to each violation that causes the death or serious injury of any employee under the age of 18 years. This penalty may be doubled where the violation is a repeated or willful violation.

In determining the amount of any penalty, the amendment now provides that the appropriateness of the penalty to the size of the business of the person charged and the gravity of the violation will be considered.

The amendment made to Fair Labor Standards Act, Section 16(e) was effective with the President's signature.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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