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Code · BILL · 116th Congress · H.R. 7638 (Introduced in House) — To establish certain employment protections for temporary workers, and for other purposes. · Sec. 10

Sec. 10. Penalties and enforcement

418 words·~2 min read·/bill/116/hr/7638/ih/section-10

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Secretary of Labor is authorized to issue regulations to ensure compliance with this Act. Any temporary staffing agency or host employer who violates section 6 or 7 shall be imposed a civil fine not to exceed $1,500 per violation for each week the temporary staffing agency or host employer is in violation. A temporary worker shall be entitled to wages, salary, employment benefits, or other compensation denied or lost due to a violation of any provision under this Act, or reinstatement if terminated in violation of subsection (g). Days during which such worker would have worked if such had not been wrongfully suspended or terminated in violation of subsection
(g)shall count towards the numbers of days worked by such temporary worker for the purposes of section 7(b). An action to recover the damages or equitable relief under this Act may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more temporary workers for and in behalf of— the temporary workers; or the temporary workers and other temporary workers similarly situated. The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. The right provided by subsection
(d)to bring an action by or on behalf of any temporary worker shall terminate on the filing of a complaint by the Secretary in an action under subsection
(b)in which a recovery is sought of the damages described in subsection
(c)owing to a temporary worker by an employer, unless the action is dismissed without prejudice on motion of the Secretary. No temporary staffing agency or host employer may take adverse action against a temporary worker for— making a complaint regarding a violation of any provision under this Act or the amendments made by this Act; causing to be instituted any proceeding under or related to this Act; testifying or preparing to testify in an investigation or proceeding under this Act; or refusing an assignment pursuant to section 3(e). The termination or adverse action by a temporary staffing agency against a temporary worker within 30 days of an individual claiming a protection under this Act or reporting a violation under this section shall create a presumption of a violation of the prohibitions in paragraph
(1)in any proceeding brought against the temporary staffing agency or host employer under this Act.
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