Collapse to view only § 1856. Waiver of rights
- § 1851. Criminal sanctions
- § 1852. Judicial enforcement
- § 1853. Administrative sanctions
- § 1854. Private right of action
- § 1855. Discrimination prohibited
- § 1856. Waiver of rights
§ 1851. Criminal sanctions
(a) Violations of chapter or regulations
(b) Violations of section 1324a(a) of title 8
(Pub. L. 97–470, title V, § 501, Jan. 14, 1983, 96 Stat. 2596; Pub. L. 99–603, title I, § 101(b)(1)(D), Nov. 6, 1986, 100 Stat. 3372.)
§ 1852. Judicial enforcement
(a) Injunctive relief
(b) Control of civil litigation
(Pub. L. 97–470, title V, § 502, Jan. 14, 1983, 96 Stat. 2596.)
§ 1853. Administrative sanctions
(a) Civil money penalties for violations; criteria for assessment
(1) Subject to paragraph (2), any person who commits a violation of this chapter or any regulation under this chapter, may be assessed a civil money penalty of not more than $1,000 for each violation.
(2) In determining the amount of any penalty to be assessed under paragraph (1), the Secretary shall take into account (A) the previous record of the person in terms of compliance with this chapter and with comparable requirements of the Farm Labor Contractor Registration Act of 1963 [7 U.S.C. 2041 et seq.], and with regulations promulgated under this chapter and such Act, and (B) the gravity of the violation.
(b) Administrative review
(1) The person assessed shall be afforded an opportunity for agency hearing, upon request made within thirty days after the date of issuance of the notice of assessment. In such hearing, all issues shall be determined on the record pursuant to section 554 of title 5. If no hearing is requested as herein provided, the assessment shall constitute a final and unappealable order.
(2) If a hearing is requested, the initial agency decision shall be made by an administrative law judge, and such decision shall become the final order unless the Secretary modifies or vacates the decision. Notice of intent to modify or vacate the decision of the administrative law judge shall be issued to the parties within thirty days after the decision of the administrative law judge. A final order which takes effect under this paragraph shall be subject to review only as provided under subsection (c).
(c) Judicial review
(d) Failure to pay assessment; maintenance of action
(e) Payment of penalties into Treasury of United States
(Pub. L. 97–470, title V, § 503, Jan. 14, 1983, 96 Stat. 2596.)
§ 1854. Private right of action
(a) Maintenance of civil action in district court by aggrieved person
(b) Appointment of attorney and commencement of action
(c) Award of damages or other equitable relief; amount; criteria; appeal
(1) If the court finds that the respondent has intentionally violated any provision of this chapter or any regulation under this chapter, it may award damages up to and including an amount equal to the amount of actual damages, or statutory damages of up to $500 per plaintiff per violation, or other equitable relief, except that (A) multiple infractions of a single provision of this chapter or of regulations under this chapter shall constitute only one violation for purposes of determining the amount of statutory damages due a plaintiff; and (B) if such complaint is certified as a class action, the court shall award no more than the lesser of up to $500 per plaintiff per violation, or up to $500,000 or other equitable relief.
(2) In determining the amount of damages to be awarded under paragraph (1), the court is authorized to consider whether an attempt was made to resolve the issues in dispute before the resort to litigation.
(3) Any civil action brought under this section shall be subject to appeal as provided in chapter 83 of title 28.
(d) Workers’ compensation benefits; exclusive remedy
(1) Notwithstanding any other provision of this chapter, where a State workers’ compensation law is applicable and coverage is provided for a migrant or seasonal agricultural worker, the workers’ compensation benefits shall be the exclusive remedy for loss of such worker under this chapter in the case of bodily injury or death in accordance with such State’s workers’ compensation law.
(2) The exclusive remedy prescribed by paragraph (1) precludes the recovery under subsection (c) of actual damages for loss from an injury or death but does not preclude recovery under subsection (c) for statutory damages or equitable relief, except that such relief shall not include back or front pay or in any manner, directly or indirectly, expand or otherwise alter or affect (A) a recovery under a State workers’ compensation law or (B) rights conferred under a State workers’ compensation law.
(e) Expansion of statutory damagesIf the court finds in an action which is brought by or for a worker under subsection (a) in which a claim for actual damages is precluded because the worker’s injury is covered by a State workers’ compensation law as provided by subsection (d) that—
(1)
(A) the defendant in the action violated section 1841(b) of this title by knowingly requiring or permitting a driver to drive a vehicle for the transportation of migrant or seasonal agricultural workers while under the influence of alcohol or a controlled substance (as defined in section 802 of title 21) and the defendant had actual knowledge of the driver’s condition, and
(B) such violation resulted in injury to or death of the migrant or seasonal worker by or for whom the action was brought and such injury or death arose out of and in the course of employment as determined under the State workers’ compensation law,
(2)
(A) the defendant violated a safety standard prescribed by the Secretary under section 1841(b) of this title which the defendant was determined in a previous judicial or administrative proceeding to have violated, and
(B) such safety violation resulted in an injury or death described in paragraph (1)(B),
(3)
(A)
(i) the defendant willfully disabled or removed a safety device prescribed by the Secretary under section 1841(b) of this title, or
(ii) the defendant in conscious disregard of the requirements of section 1841(b) of this title failed to provide a safety device required under such section, and
(B) such disablement, removal, or failure to provide a safety device resulted in an injury or death described in paragraph (1)(B), or
(4)
(A) the defendant violated a safety standard prescribed by the Secretary under section 1841(b) of this title,
(B) such safety violation resulted in an injury or death described in paragraph (1)(B), and
(C) the defendant at the time of the violation of section 1841(b) of this title also was—
(i) an unregistered farm labor contractor in violation of section 1811(a) of this title, or
(ii) a person who utilized the services of a farm labor contractor of the type specified in clause (i) without taking reasonable steps to determine that the farm labor contractor possessed a valid certificate of registration authorizing the performance of the farm labor contracting activities which the contractor was requested or permitted to perform with the knowledge of such person,
the court shall award not more than $10,000 per plaintiff per violation with respect to whom the court made the finding described in paragraph (1), (2), (3), or (4), except that multiple infractions of a single provision of this chapter shall constitute only one violation for purposes of determining the amount of statutory damages due to a plaintiff under this subsection and in the case of a class action, the court shall award not more than the lesser of up to $10,000 per plaintiff or up to $500,000 for all plaintiffs in such class action.
(f) Tolling of statute of limitations
(Pub. L. 97–470, title V, § 504, Jan. 14, 1983, 96 Stat. 2597; Pub. L. 102–392, title III, § 325(a), Oct. 6, 1992, 106 Stat. 1728; Pub. L. 104–49, §§ 1(a)(2), 2(a), 3, Nov. 15, 1995, 109 Stat. 432, 433.)
§ 1855. Discrimination prohibited
(a) Prohibited activities
(b) Proceedings for redress of violations
(Pub. L. 97–470, title V, § 505, Jan. 14, 1983, 96 Stat. 2598.)
§ 1856. Waiver of rights
Agreements by employees purporting to waive or to modify their rights under this chapter shall be void as contrary to public policy, except that a waiver or modification of rights in favor of the Secretary shall be valid for purposes of enforcement of this chapter.
(Pub. L. 97–470, title V, § 506, Jan. 14, 1983, 96 Stat. 2598.)