(a) General. The Secretary, either pursuant to a complaint or
otherwise, shall, as may be appropriate, investigate and, in connection
therewith, enter and inspect such places and vehicles (including
housing) and such records (and make transcriptions thereof), question
such persons and gather such information as deemed necessary by the
Secretary to determine compliance with contractual obligations under
section 216 of the INA or these regulations.
(b) Failure to permit investigation. Where any person using the
services of an H-2A worker does not permit an investigation concerning
the employment of his or her workers the Wage and Hour Division shall
report such occurrence to ETA and may recommend denial of future labor
certifications to such person. In addition, Wage and Hour may take such
action as may be appropriate, including the seeking of an injunction or
assessing civil money penalties, against any person who has failed to
permit Wage and Hour to make an investigation.
(c) Confidential investigation. The Secretary shall conduct
investigations in a manner which protects the confidentiality of any
complainant or other person who provides information to the Secretary in
good faith.
(d) Report of violations. Any person may report a violation of the
work contract obligations of section 216 of the INA or these regulations
to the Secretary by advising any local office of the Employment Service
of the various States, any office of ETA, any office of the Wage and
Hour Division, ESA, U.S. Department of Labor, or any other authorized
representative of the Secretary. The office or person receiving such a
report shall refer it to the appropriate office of the Wage and Hour
Division, ESA, for the area in which the reported violation is alleged
to have occurred.
