Sec. 512. Enforcement provisions
325 words·~1 min read·
/bill/113/hr/3163/ih/section-512·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Whoever knowingly violates this chapter shall be fined under title 18, United States Code, or imprisoned not more than one year, or both. Upon conviction, after a first conviction under this section, for a second or subsequent violation of this chapter, the defendant shall be fined under title 18, United States Code, or imprisoned not more than three years, or both. Subject to subparagraph (B), the Secretary may assess a civil money penalty of not more than $5,000 on any person who violates this chapter. In determining the amount of any penalty to be assessed under subparagraph (A), the Secretary shall take into account
(i)the previous record of the person in terms of compliance with this chapter and with comparable requirements of the Fair Labor Standards Act of 1938, and with regulations promulgated under such Acts, and
(ii)the gravity of the violation. Any employer who uses the services of a foreign labor contractor who is on the list maintained by the Secretary pursuant to section 2(b)(2), shall, if the actions of such foreign labor contractor have contributed to a violation of this chapter by the employer, be fined $10,000 per violation in addition to any other fines or penalties for which the employer may be liable for the violation. The Secretary may take such actions, including seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this chapter and with this chapter. Agreements by employees purporting to waive or to modify their rights under this chapter shall be void as contrary to public policy. Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this chapter, but all such litigation shall be subject to the direction and control of the Attorney General.