Regulations last checked for updates: Nov 22, 2024

Title 29 - Labor last revised: Oct 31, 2024
§ 501.16 - Sanctions and remedies—general.

Whenever the WHD Administrator believes that 8 U.S.C. 1188,20,subpart,or,such,including,but,the,including: the recovery of unpaid wages (including recovery of recruitment fees paid in the absence of required contract clauses (see 20 CFR 655.135(k)); the enforcement of provisions of the work contract, 8 U.S.C. 1188,20,subpart,or; the assessment of a civil money penalty; make whole relief for any person who has been discriminated against; reinstatement and make whole relief for any U.S. worker who has been improperly rejected for employment, or improperly laid off or displaced; or debarment for up to 3 years.

(2) The remedies referenced in paragraph (a)(1) of this section will be sought either directly from the employer, agent, or attorney, or from its successor in interest, as appropriate. In the case of an H-2ALC, the remedies will be sought from the H-2ALC directly and/or monetary relief (other than civil money penalties) from the insurer who issued the surety bond to the H-2ALC, as required by 20 CFR part 655, subpart B, and § 501.9.

(b) Petition any appropriate District Court of the United States for temporary or permanent injunctive relief, including to prohibit the withholding of unpaid wages and/or for reinstatement, or to restrain violation of 8 U.S.C. 1188,20,subpart,or, by any person.

(c) Petition any appropriate District Court of the United States for an order directing specific performance of covered contractual obligations.

authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28 U.S.C. 2461 note; and sec. 701, Pub. L. 114-74, 129 Stat. 584
source: 87 FR 61822, Oct. 12, 2022, unless otherwise noted.
cite as: 29 CFR 501.16