Sec. 204. Worker protection and compliance
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H–2A workers shall not be denied any right or remedy under any Federal, State, or local labor or employment law applicable to United States workers engaged in agricultural employment. H–2A workers shall be considered migrant agricultural workers for purposes of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq.). Agreements by H–2A workers to waive or modify any rights or protections under this Act or section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ) shall be considered void or contrary to public policy except as provided in a collective bargaining agreement with a bona fide labor organization.
The Federal Mediation and Conciliation Service shall be available to assist in resolving disputes arising under this section between H–2A workers and agricultural employers without charge to the parties. If an H–2A worker files a civil lawsuit alleging one or more violations of section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ), the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.), or the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq.), not later than 60 days after the filing of proof of service of the complaint, a party to the lawsuit may file a request with the Federal Mediation and Conciliation Service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute.
Upon filing a request under subparagraph
(B)and giving of notice to the parties, the parties shall attempt mediation within the period specified in subparagraph (D), except that nothing in this paragraph shall limit the ability of a court to order preliminary injunctive relief to protect health and safety or to otherwise prevent irreparable harm. The Federal Mediation and Conciliation Service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed 90 days beginning on the date on which the Federal Mediation and Conciliation Service receives a request for assistance under subparagraph
(B)unless the parties agree to an extension of such period. Subject to clause (ii), there is authorized to be appropriated to the Federal Mediation and Conciliation Service, such sums as may be necessary for each fiscal year to carry out this subparagraph. Notwithstanding any other provision of law, the Director of the Federal Mediation and Conciliation Service is authorized— to conduct the mediation or other dispute resolution activities from any other account containing amounts available to the Director; and to reimburse such account with amounts appropriated pursuant to clause (i). If all parties agree, a private mediator may be employed as an alternative to the Federal Mediation and Conciliation Service. Section 101 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1811 ), is amended by adding at the end the following: A farm labor contractor shall maintain a surety bond in an amount determined by the Secretary to be sufficient for ensuring the ability of the farm labor contractor to discharge its financial obligations, including payment of wages and benefits to employees. Such a bond shall be available to satisfy any amounts ordered to be paid by the Secretary or by court order for failure to comply with the obligations of this Act. The Secretary of Labor shall annually publish in the Federal Register a schedule of required bond amounts that are determined by such Secretary to be sufficient for farm labor contractors to discharge financial obligations based on the number of workers to be covered. . Section 103(a) of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1813(a) ), is amended— in paragraph (4), by striking or at the end; in paragraph (5)(B), by striking or at the end; in paragraph (6), by striking the period at the end and inserting ; ; and by adding at the end the following: has failed to maintain a surety bond in compliance with section 101(e); or has been disqualified by the Secretary of Labor from importing nonimmigrants described in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act. . Section 102 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1812 ), is amended— in paragraph (4), by striking and at the end; in paragraph (5), by striking the period at the end and inserting ; and ; and by adding at the end the following: a declaration, subscribed and sworn to by the applicant, stating whether the applicant has a familial, contractual, or employment relationship with, or shares vehicles, facilities, property, or employees with, a person who has been refused issuance or renewal of a certificate, or has had a certificate suspended or revoked, pursuant to section 103. . Section 103 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1813 ), as amended by this Act, is further amended by inserting after subsection
(a)the following new subsection (and by redesignating the subsequent subsections accordingly): There shall be a rebuttable presumption that an applicant for issuance or renewal of a certificate is not the real party in interest in the application if the applicant— is the immediate family member of any person who has been refused issuance or renewal of a certificate, or has had a certificate suspended or revoked; and identifies a vehicle, facility, or real property under paragraph
(2)or
(3)of section 102 that has been previously listed by a person who has been refused issuance or renewal of a certificate, or has had a certificate suspended or revoked. An applicant described in paragraph
(1)bears the burden of demonstrating to the Secretary’s satisfaction that the applicant is the real party in interest in the application. .
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Sec. 204
Worker protection and compliance
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