[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR501.5]



[Page 55]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 501_ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN 

AGRICULTURAL WORKERS ADMITTED UNDER SECTION 216 OF THE IMMIGRATION AND 

NATIONALITY ACT--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  501.5  Investigation authority of Secretary.



    (a) General. The Secretary, either pursuant to a complaint or 

otherwise, shall, as may be appropriate, investigate and, in connection 

therewith, enter and inspect such places and vehicles (including 

housing) and such records (and make transcriptions thereof), question 

such persons and gather such information as deemed necessary by the 

Secretary to determine compliance with contractual obligations under 

section 216 of the INA or these regulations.

    (b) Failure to permit investigation. Where any person using the 

services of an H-2A worker does not permit an investigation concerning 

the employment of his or her workers the Wage and Hour Division shall 

report such occurrence to ETA and may recommend denial of future labor 

certifications to such person. In addition, Wage and Hour may take such 

action as may be appropriate, including the seeking of an injunction or 

assessing civil money penalties, against any person who has failed to 

permit Wage and Hour to make an investigation.

    (c) Confidential investigation. The Secretary shall conduct 

investigations in a manner which protects the confidentiality of any 

complainant or other person who provides information to the Secretary in 

good faith.

    (d) Report of violations. Any person may report a violation of the 

work contract obligations of section 216 of the INA or these regulations 

to the Secretary by advising any local office of the Employment Service 

of the various States, any office of ETA, any office of the Wage and 

Hour Division, ESA, U.S. Department of Labor, or any other authorized 

representative of the Secretary. The office or person receiving such a 

report shall refer it to the appropriate office of the Wage and Hour 

Division, ESA, for the area in which the reported violation is alleged 

to have occurred.



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