Sec. 581. Enforcement of Federal labor laws relating to H–2B nonagricultural guest workers
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Section 214(c)(14) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(14) ) is amended— in subparagraph (A), by striking of Homeland Security each place it appears and inserting of Labor ; by striking subparagraph (B); by redesignating subparagraphs
(C)and
(D)as subparagraphs
(B)and (C), respectively; and by adding at the end the following: The Secretary of Labor is authorized to take such actions, including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with the terms and conditions required under this Act for employing nonimmigrant workers described in section 101(a)(15)(H)(ii)(b), and as required under the Increasing American Wages and Benefits Act of 2007. The authority of the Secretary of Labor under this subparagraph shall not preempt any other rights which affected persons may have under Federal or State law. Any aggrieved person whose wages or working conditions have been directly and adversely affected by an employer in violation of applicable laws and regulations governing the employment of nonimmigrant workers described in section 101(a)(15)(H)(ii)(b), or by a violation of the terms and conditions of employment, may bring a civil action against such employer in the appropriate district court of the United States. Such cause of action shall not be subject to exhaustion of administrative remedies and shall be in addition to any other causes of action and remedies that may exist. Notwithstanding any other provision of law, the Legal Services Corporation may provide legal services on behalf of nonimmigrant workers described in section 101(a)(15)(H)(ii)(b) regarding the terms and conditions of employment, transportation, and housing and other provisions of law applicable to the employment of such nonimmigrants. . Section 214(g)(10) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(10) ) is amended— by inserting
(A)after
(10); and by adding at the end the following: Each employer that hires a nonimmigrant worker described in section 101(a)(15)(H)(ii)(b) shall— notify the Secretary of Labor not later than 30 days after the conclusion of each such nonimmigrant’s term of employment; and submit to the Secretary of Labor employment payroll records and similar documentation showing that the employer paid the required prevailing wage and transportation, and other expenses required under this section and section 212. .
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Sec. 581
Enforcement of Federal labor laws relating to H–2B nonagricultural guest workers
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