Source: 56 FR 56872, 56876, Nov. 6, 1991, unless otherwise noted.
(a) The Administrator shall perform all the Secretary's
investigative and enforcement functions under section 221 of the Act and
subparts J and K of this part.
(b) The Administrator shall conduct such investigations as may be
appropriate and, in connection therewith, enter and inspect such places
and such records (and make transcriptions or copies thereof), question
such persons and gather such information as deemed necessary to
determine compliance with section 221(a) of the Act and subparts J and K
of this part.
(c) An employer being investigated pursuant to this subpart shall
have the burden of proof as to compliance with section 221(a) of the Act
and the validity of its attestation, and in this regard shall make
available to the Administrator such records, information, persons, and
places as the Administrator deems appropriate to copy, transcribe,
question, or inspect. No employer subject to the provisions of section
221 of the Act and subparts J and K of this part shall interfere with
any official of the Department of Labor performing an investigation,
inspection or law enforcement function pursuant to section 221 of the
Act or subpart J or K of this part. Any such interference shall be a
violation of the attestation and subparts J and K of this part, and the
Administrator may take such further actions as the Administrator deems
appropriate.
Note: Federal criminal statutes prohibit certain interference with a
Federal officer in the performance of official duties. 18 U.S.C. 111 and
18 U.S.C. 1114.)
(d) An employer subject to subparts J and K of this part shall at
all times cooperate in administrative and enforcement proceedings. No
employer shall intimidate, threaten, restrain, coerce, blacklist,
discharge, or in any manner discriminate against any person because such
person has:
(1) Filed a complaint or appeal under or related to section 221 of
the Act or subparts J or K of this part;
(2) Testified or is about to testify in any proceeding under or
related to section 221 of the Act or subpart J or K of this part;
(3) Exercised or asserted on behalf of himself or herself or others
any right or protection afforded by section 221 of the Act or subpart J
or K of this part.
(4) Consulted with an employee of a legal assistance program or an
attorney on matters related to section 221 of the Act or to subpart J or
K of this part or any other DOL regulation promulgated pursuant to
section 221 of the Act. In the event of any intimidation or restraint as
described in this section, the conduct shall be a violation of the
attestation and these regulations, and the Administrator may take such
further actions as the Administrator considers appropriate.
(e) The Administrator shall, to the extent possible under existing
law, protect the confidentiality of any person, including any
complainant, who provides information to the Department in confidence
during the course of an investigation or otherwise under subpart J or K
of this part.
