Most of the media attention to the recently enacted Genetic Information Non-Discrimination Act (GINA) has focused on the main thrust of the legislation -- its prohibition against discrimination on the basis of genetic traits or testing.  As previously noted here at Workplace Horizons, however, the law also contains a seemingly disjointed provision increasing penalties against employers under the Fair Labor Standards Act (FLSA) for child labor violations.  Legal commentators and media outlets are beginning to highlight this provision as well.

CCH notes:

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.

G. Neil's Training Time blog includes a post titled, "Five effective safety training tips for teen employees," which states:

Properly training employees is the number one defense to warding off workplace injuries. Especially during the summer months when more teenagers are employed, it is crucial to have all employees fully trained in safety procedures.

Employers must be completely aware of all of GINA's provisions, so that they may properly adjust relevant workplace policies and ensure compliance with the law.  If you have any questions about the new law, check out the Workplace Horizions coverage, or contact one of our attorneys for further assistance.