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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Enforcement of Contractual Obligations for Temporary Alien Agricultural Workers Admitted Under Section 216 of the Immigration and Nationality Act |
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| Enforcement of Work Contracts |
29 CFR 501.16 - General.
- Section Number: 501.16
- Section Name: General.
Whenever the Secretary believes that the H-2A provisions of the INA
or these regulations have been violated such action shall be taken and
such proceedings instituted as deemed appropriate, including (but not
limited to) the following:
(a) Impose denial of labor certification against any person for a
violation of the H-2A obligations of the INA or the regulations. ETA
shall make all determinations regarding the issuance or denial of labor
certification. ESA shall make all determinations regarding the
enforcement functions listed in paragraphs (b) through (d) of this
section.
(b) Institute appropriate administrative proceedings, including the
recovery of unpaid wages, the enforcement of any other contractual
obligations and the assessment of a civil money penalty against any
person for a violation of the H-2A work contract obligations of the Act
or these regulations.
(c) Petition any appropriate District Court of the United States for
temporary or permanent injunctive relief, including the withholding of
unpaid wages, to restrain violation of the H-2A provisions the Act or
these regulations by any person;
(d) Petition any appropriate District Court of the United States for
specific performance of contractual obligations.
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