Sec. 122. Minimum labor standards for covered workers and affected contract growers
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A covered industrial operator that employs or contracts with covered workers, affected contract growers, or other affected contractors related to a disaster mitigation event shall comply with the labor standards described in subsection (b). The labor standards described in this subsection are the following: A covered industrial operator shall not discharge, cause to be discharged, or in any other manner discriminate against any covered worker or affected contract grower because such covered worker or affected contract grower— has filed any complaint or instituted or caused to be instituted any proceeding under or related to this section; or has testified or is about to testify in any such proceeding.
During a disaster mitigation event and for a period of not less than 2 years following the disaster mitigation event, the covered industrial operator shall offer each covered worker and affected contract grower of the covered industrial operator a health plan that provides coverage that is at least equivalent to coverage provided by an essential health benefits package (as defined in subsection
(a)of section 1302 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022 )) at the silver level of coverage (as defined in subsection (d)(1)(B) of such section), regardless of their employment status or contract with the covered industrial operator. Such covered industrial operator shall pay the full premium amount for such health plan for each such covered worker or affected contract grower who elects to enroll in such plan. In the case of a disaster mitigation event, the covered industrial operator shall provide any covered worker terminated by the covered industrial operator, or by an affected contract grower or other affected contractor of the covered industrial operator impacted by the disaster mitigation event, during the 60-day period following the disaster mitigation event with 12 weeks of severance pay, at a weekly rate equal to the average weekly earnings of the covered worker during the disaster mitigation event. In any case in which a covered industrial operator terminates the contract of an affected contract grower following a disaster mitigation event, the covered industrial operator shall provide an amount of lost revenue to the affected contract grower equal to the affected contract grower’s revenue from the covered operator during the preceding 180 days. The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of this section in the same manner that the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6, 7, and 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 , 207, and 215(a)(3)), including such Secretary’s authority to supervise payment of wages and compensation under section 16(c) of such Act ( 29 U.S.C. 216(c) ). The Secretary of Labor may assess a civil penalty against a covered industrial operator that violates any provision of this section. Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall— develop a process to monitor compliance with the standards under this section that requires covered industrial operators to provide information to demonstrate such compliance; and issue rules to determine penalties for noncompliance with this section. The Secretary of Labor shall notify the Office of any covered industrial operator that is determined to be noncompliant with the requirements of this section. An action to recover damages or obtain relief prescribed in paragraph
(2)may be maintained against any covered industrial operator in any Federal or State court of competent jurisdiction by 1 or more covered workers or affected contract growers for and on behalf of themselves and other similarly situated covered workers or affected contract growers. A covered industrial operator who violates this section shall be liable to each covered worker or affected contract grower that is aggrieved by the violation for— damages in the amount of unpaid wages, salary, overtime compensation, or other compensation denied or lost by reason of the violation; and an additional equal amount as liquidated damages. In a civil action brought under paragraph
(1)in which the plaintiff prevails, the court shall award the plaintiff reasonable attorney’s fees and costs of the action. The Secretary of Labor may bring an action in any court of competent jurisdiction to recover damages or obtain relief described in paragraph
(2)on behalf of a covered worker or affected contract grower aggrieved by a violation of this section.
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Sec. 122
Minimum labor standards for covered workers and affected contract growers
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