Sec. 105. Enforcement
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It shall be unlawful for a person to— violate any provision of this title applicable to such person; or discharge or in any other manner discriminate against any agricultural worker because such agricultural worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to this title, or has testified or is about to testify in any such proceeding. The Secretary of Labor shall have authority to enforce the requirements of this title, as provided in this section.
A violation of section 101 shall be deemed a failure to pay minimum wages in violation of section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) and be subject to enforcement and the penalties described in sections 16 and 17 of such Act ( 29 U.S.C. 216 , 217) with respect to such violation, subject to subparagraph (F). A violation of section 102 shall be deemed a violation of section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) and unpaid amounts required under this section shall be treated as unpaid overtime compensation under such section 7 and subject to enforcement and the penalties described in sections 16 and 17 of such Act ( 29 U.S.C. 216 , 217) for such a violation, subject to subparagraph (F).
A violation of section 103 or 104 shall be treated as a violation of section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) and subject to enforcement and the penalties described in section 16 and 17 of such Act ( 29 U.S.C. 216 , 217) for such a violation— except that the remedies available for an agricultural worker shall be the relief available under subsection (c)(2)(B); and subject to subparagraph (F). A violation of paragraph (1)(B) shall be deemed a violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(3) ), and subject to enforcement and the penalties described in sections 16 and 17 of such Act ( 29 U.S.C. 216 , 217) for such a violation, subject to subparagraph (F).
A violation of this Act shall not be subject to any criminal penalty. To ensure compliance with the provisions of this title, including any regulation or order issued under this title, the Secretary of Labor shall have the authority to receive, investigate, and attempt to resolve complaints in the same manner as the Secretary receives, investigates, and attempts to resolve complaints of violations under section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ), including the investigative authority provided under section 11(a), and the subpoena authority under section 9, of such Act ( 29 U.S.C. 211(a) , 209).
The Secretary of Labor may, for the purpose of carrying out the functions and duties under this section, utilize the services of State and local agencies in accordance with section 11(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(b) ). An action alleging a violation of this title may be maintained against a person in any Federal or State court of competent jurisdiction by one or more agricultural workers or their representative for and on behalf of the agricultural workers, or the agricultural workers and others similarly situated, in the same manner as an action brought by an employee under section 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(b) ).
Damages available under paragraph
(1)shall include— in the case of a violation of section 101 or 102, the damages and remedies available for a violation of section 6 or 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 , 207); in the case of a violation of section 103 or 104, an amount not to exceed the actual damages, statutory damages of not more than $500 per plaintiff per violation, or other equitable relief (including reinstatement), except— multiple infractions of a single provision of section 103 or 104, or regulations promulgated under either such section, shall constitute only one violation for purposes of determining the amount of statutory damages due a plaintiff; and in any class action, the amount of damages shall not exceed the lesser of— the amount equal to $500 per plaintiff per violation; and $500,000; and in the case of a violation of subsection (a)(1)(B), the damages and remedies available for a violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(3) ). In any action commenced under this subsection, if the plaintiff is a prevailing party, the court shall, in addition to any judgment awarded to a plaintiff, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action. In an action alleging a violation of subparagraph
(A)or
(B)of subsection (a)(1) brought by one or more agricultural workers or their representative for and on behalf of the persons as described in paragraph (1), no court of competent jurisdiction may grant the motion of the respondent to compel arbitration, under chapter 1 of title 9, United States Code, or any analogous State arbitration statute, of the claims involved. An agricultural worker’s right to bring an action under this subsection on behalf of similarly situated agricultural workers to enforce such rights may not be subject to any private agreement that purports to require the agricultural workers to pursue claims on an individual basis. A covered agricultural producer or a covered contractor shall make, keep, and preserve records pertaining to compliance with any applicable provisions of this title in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary of Labor.
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