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ARTICLE · 09 SEPTEMBER 2008

New GINA Law Also Affects Wage/Hour Provisions

Fisher Phillips LLP
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A little-noticed part of the recently-enacted federal Genetic Information Nondiscrimination Act has substantially increased the potential monetary exposure for employers who violate the federal Fair Labor Standards Act's child-labor restrictions.

United StatesLitigation, Mediation & Arbitration
John Thompson
John Thompson
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A little-noticed part of the recently-enacted federal Genetic Information Nondiscrimination Act (GINA) has substantially increased the potential monetary exposure for employers who violate the federal Fair Labor Standards Act's child-labor restrictions. These changes took effect when President Bush signed the law on May 21, 2008.

Employers now face an especially-stringent penalty for an FLSA child-labor violation that causes the death or serious injury of an employee under 18 years old. "Serious injury" means the permanent loss or substantial impairment of one of the senses, of either a bodily member or an organ, or of a person's mental abilities. The phrase also includes permanent paralysis or another substantial impairment causing a loss in the movement or mobility of a body part.

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