29 U.S.C. § 1861 — Rules and regulations

Page 756 TITLE 29—LABOR § 1855 (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.) Editorial Notes AMENDMENTS 1995—Subsec. (d). Pub. L. 104–49, § 1(a)(2), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘(d)(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’ compensa- tion benefits shall be the exclusive remedy for loss of such worker under this chapter in the case of bodily in- jury or death. ‘‘(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 an injunction.’’ Subsec. (e). Pub. L. 104–49, § 2(a), added subsec. (e). Subsec. (f). Pub. L. 104–49, § 3, added subsec. (f). 1992—Subsec. (d). Pub. L. 102–392 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Pub. L. 104–49, § 1(b), Nov. 15, 1995, 109 Stat. 432, pro- vided that: ‘‘The amendment made by subsection (a)(2) [amending this section] shall apply to all cases in which a final judgment has not been entered.’’ Pub. L. 104–49, § 2(b), Nov. 15, 1995, 109 Stat. 433, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to all cases in which a final judgment has not been entered.’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–392, title III, § 325(c), Oct. 6, 1992, 106 Stat. 1728, provided that the amendment of this section by section 325(a) of Pub. L. 102–392 would apply to actions commenced after Oct. 6, 1992, but not after the expira- tion of 9 months after such date, with waiver and ex- tension provisions for certain actions, prior to repeal by Pub. L. 104–49, § 1(a)(1), Nov. 15, 1995, 109 Stat. 432. 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. § 1855. Discrimination prohibited (a) Prohibited activities No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any migrant or seasonal agricultural worker because such worker has, with just cause, filed any complaint or insti- tuted, or caused to be instituted, any proceeding under or related to this chapter, or has testified or is about to testify in any such proceedings, or because of the exercise, with just cause, by such worker on behalf of himself or others of any right or protection afforded by this chapter. (b) Proceedings for redress of violations A migrant or seasonal agricultural worker who believes, with just cause, that he has been discriminated against by any person in violation of this section may, within 180 days after such violation occurs, file a complaint with the Sec- retary alleging such discrimination. Upon re- ceipt of such complaint, the Secretary shall cause such investigation to be made as he deems appropriate. If upon such investigation, the Sec- retary determines that the provisions of this section have been violated, the Secretary shall bring an action in any appropriate United States district court against such person. In any such action the United States district courts shall have jurisdiction, for cause shown, to restrain violation of subsection (a) and order all appro- priate relief, including rehiring or reinstate- ment of the worker, with back pay, or damages. (Pub. L. 97–470, title V, § 505, Jan. 14, 1983, 96 Stat. 2598.) 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. § 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.) 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. PART B—ADMINISTRATIVE PROVISIONS § 1861. Rules and regulations The Secretary may issue such rules and regu- lations as are necessary to carry out this chap- ter, consistent with the requirements of chapter 5 of title 5. (Pub. L. 97–470, title V, § 511, Jan. 14, 1983, 96 Stat. 2598.) 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. § 1862. Authority to obtain information (a) Investigation and inspection authority con- cerning places, records, etc. To carry out this chapter the Secretary, either pursuant to a complaint or otherwise, shall, as may be appropriate, investigate, and in connec- tion therewith, enter and inspect such places (including housing and vehicles) and such records (and make transcriptions thereof), ques- tion such persons and gather such information to determine compliance with this chapter, or regulations prescribed under this chapter. (b) Attendance and testimony of witnesses, and production of evidence; subpena authority The Secretary may issue subpenas requiring the attendance and testimony of witnesses or