Page:United States Statutes at Large Volume 109 Part 1.djvu/449

 PUBLIC LAW 104-49—NOV. 15, 1995 109 STAT. 433 Act (21 U.S.C. 802)) and the defendant had actual knowledge of the driver's condition, and "(B) such violation resulted in injury to or death of the migrant or seasonal worker by or for whom the action was brought and such injury or death arose out of and in the course of employment as determined under the State workers' compensation law, "(2)(A) the defendant violated a safety standard prescribed by the Secretary under section 401(b) which the defendant was determined in a previous judicial or administrative proceeding to have violated, and "(B) such safety violation resulted in an injury or death described in paragraph (1)(B), "(3)(A)(i) the defendant willfully disabled or removed a safety device prescribed by the Secretary under section 401(b), or "(ii) the defendant in conscious disregard of the requirements of section 401(b) failed to provide a safety device required under such section,, and "(B) such disablement, removal, or failure to provide a safety device resulted in an injury or death described in paragraph (1)(B), or "(4)(A) the defendant violated a safety standard prescribed by the Secretary under section 401(b), "(B) such safety violation resulted in an injury or death described in paragraph (1)(B), and "(C) the defendant at the time of the violation of section 401(b) also was— "(i) an unregistered farm labor contractor in violation of section 101(a), or "(ii) a person who utilized the services of a farm labor contractor of the type specified in clause (i) without taking reasonable steps to determine that the farm labor contractor possessed a valid certificate of registration authorizing the performance of the farm labor contracting activities which the contractor was requested or permitted to perform with the knowledge of such person, the court shall award not more than $10,000 per plaintiff per violation with respect to whom the court made the finding described in paragraph (1), (2), (3), or (4), except that multiple infractions of a single provision of this Act shall constitute only one violation for purposes of determining the amount of statutory damages due to a plaintiff under this subsection and in the case of a class action, the court shall award not more than the lesser of up to $10,000 per plaintiff" or up to $500,000 for all plaintiffs in such class action.". (b) EFFECTIVE DATE. —The amendment made by subsection (a) 29 USC 1854 shall apply to all cases in which a final judgment has not been note. entered. SEC. 3. TOLLING OF STATUTE OF LIMITATIONS. Section 504 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1854), as amended by section 2, is amended by adding after subsection (e) the following: "(f) If it is determined under a State workers' compensation law that the workers' compensation law is not applicable to a claim for bodily injury or death of a migrant or seasonal agricultural 99-194 O-95 - 15:QL3Part1

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