; and (B) for each subsequent violation, be subject to a civil fine that is not to exceed $5,000 per each employee affected. . (c) Criminal penalties Section 16(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(a) ) is amended— (1) by striking Any person and inserting (1) Any person ; (2) in the first sentence, by striking $10,000 and inserting $10,000 per each employee affected ; (3) in the second sentence, by striking No person and inserting Subject to paragraph (2), no person