; and (ii) if the court determines the employer so violated the order during that period— (I) the court shall determine the amount of net profits derived by the employer from the individuals' labor during that period; and (II) the court shall assess damages in the amount determined under subclause (I), which damages shall be awarded to such individuals by the court. . (C) Conforming amendments Sections 12(b) and 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 212(b) and 216(b)) are amended by striking section 17 each place it appears and inserting section 17(a) . (8) Private attorneys general Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ), as amended by paragraph (7)(B), is further amended— (A) in subsection (b), by inserting after the third sentence the following: Any employer who violates a provision of this Act for which a civil penalty may be assessed by the Secretary under this Act may, in accordance with subsection (f), be liable to the employee or employees affected in the amount of the civil penalty. ; (B) in subsection (e)— (i) in paragraph (3), in the matter preceding subparagraph (A) of the second sentence, by inserting , except as provided in subsection (f)(3)(A), after may ; and (ii) in paragraph (5)— (I) in the first sentence, by inserting and as provided in subsection (f)(3)(B), after Except for civil penalties collected for violations of section 12 ; and (II) in the second sentence, by striking Civil penalties and inserting Except as provided in subsection (f)(3)(B), civil penalties