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29 U.S.C. § 1853 — Compliance with written agreements
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability to contracting activity or worker protection** No farm labor contractor shall violate, without justification, the terms of any written agreements made with an agricultural employer or an agricultural association pertaining to any contracting activity or worker protection under this chapter.
**(b) Statutory liability** Written agreements under this section do not relieve a person of any responsibility that such person would otherwise have under this chapter.
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Source location: Title 29, Chapter 20, § 1853; chapter-020-migrant-and-seasonal-agricultural-worker-protection.md
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**(a) Applicability to contracting activity or worker protection** No farm labor contractor shall violate, without justification, the terms of any written agreements made with an agricultural employer or an agricultural association pertaining to any contracting activity or worker protection under this chapter.
**(b) Statutory liability** Written agreements under this section do not relieve a person of any responsibility that such person would otherwise have under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Scope of agreements** The Secretary may enter into agreements with Federal and State agencies (1) to use their facilities and services, (2) to delegate, subject to subsection (b), to Federal and State agencies such authority, other than rulemaking, as may be useful in carrying out this chapter, and (3) to allocate or transfer funds to, or otherwise pay or reimburse, such agencies for expenses incurred pursuant to agreements under clause (1) or (2) of this section.
**(b) Delegation of authority pursuant to written State plan** Any delegation to a State agency pursuant to subsection (a)(2) shall be made only pursuant to a written State plan which—
(1) shall include a description of the functions to be performed, the methods of performing such functions, and the resources to be devoted to the performance of such functions; and
(2) provides assurances satisfactory to the Secretary that the State agency will comply with its description under paragraph (1) and that the State agency’s performance of functions so delegated will be at least comparable to the performance of such functions by the Department of Labor.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalties**
(1) **In general** — Subject to paragraph (2), any employer who violates any provision of this chapter may be assessed a civil penalty of not more than $10,000.
(2) **Determination of amount** — In determining the amount of any penalty under paragraph (1), the Secretary shall take into account the previous record of the person in terms of compliance with this chapter and the gravity of the violation.
(3) **Collection** — Any civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections (b) through (e) of [section 1853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1853&num=0&edition=prelim) with respect to civil penalties assessed under subsection (a) of such section.
**(b) Injunctive actions by Secretary** The Secretary may bring an action under this section to restrain violations of this chapter. The Solicitor of Labor may appear for and represent the Secretary in any litigation brought under this chapter. In any action brought under this section, the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining orders and injunctions to require compliance with this chapter, including such legal or equitable relief incident thereto as may be appropriate, including, but not limited to, employment, reinstatement, promotion, and the payment of lost wages and benefits.
**(c) Private civil actions**
(1) **Liability** — An employer who violates this chapter shall be liable to the employee or prospective employee affected by such violation. Such employer shall be liable for such legal or equitable relief as may be appropriate, including, but not limited to, employment, reinstatement, promotio
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Federal law — U.S. Code and appendices · legal_authorities
Page 754
TITLE 29—LABOR
§ 1852
§ 1852. Judicial enforcement
(a) Injunctive relief
The Secretary may petition any appropriate
district court of the United States for tem-
porary or permanent injunctive relief if the Sec-
retary determines that this chapter, or any reg-
ulation under this chapter, has been violated.
(b) Control of civil litigation
Except as provided in section 518(a) of title 28,
relating to litigation before the Supreme Court,
the Solicitor of Labor may appear for and rep-
resent the Secretary in any civil litigation
brought under this chapter, but all such litiga-
tion shall be subject to the direction and control
of the Attorney General.
(Pub. L. 97–470, title V, § 502, Jan. 14, 1983, 96
Stat. 2596.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 90 days from Jan. 14, 1983, see sec-
tion 524 of Pub. L. 97–470, set out as a note under sec-
tion 1801 of this title.
§ 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 regu-
lation 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 Sec-
retary 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 regula-
tions 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 op-
portunity for agency hearing, upon request
made within
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