Page:United States Statutes at Large Volume 96 Part 2.djvu/1236

 96 STAT. 2598

28 USC 1291 et

PUBLIC LAW 97-470—JAN. 14, 1983

(B) if such complaint is certified as a class action, the court shall award no more than the lesser of up to $500 per plaintiff per violation, or up to $500,000 or other equitable relief (2) In determining the amount of damages to be awarded under paragraph (1), the court is authorized to consider whether an attempt was made to resolve the issues in dispute before the resort to litigation. (3) Any civil action brought under this section shall be subject to appeal as provided in chapter 83 of title 28, United States Code.

seq. DISCRIMINATION PROHIBITED

29 USC 1855.

investigation.

SEC. 505. (a) No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any migrant or seasonal agricultural worker because such worker has, with just cause, filed any complaint or instituted, or caused to be instituted, any proceeding under or related to this Act, or has testified or is about to testify in any such proceedings, or because of the exercise, with just cause, by such worker on behalf of himself or others of any right or protection afforded by this Act. (b) A migrant or seasonal agricultural worker who believes, with just cause, that he has been discriminated against by any person in violation of this section may, within 180 days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall cause such investigation to be made as he deems appropriate. If upon such investigation, the Secretary determines that the provisions of this section have been violated, the Secretary shall bring an action in any appropriate United States district court against such person. In any such action the United States district courts shall have jurisdiction, for cause shown, to restrain violation of subsection (a) and order all appropriate relief, including rehiring or reinstatement of the worker, with back pay, or damages. WAIVER OF RIGHTS

29 USC 1856.

SEC. 506. Agreements by employees purporting to waive or to modify their rights under this Act shall be void as contrary to public policy, except that a waiver or modification of rights in favor of the Secretary shall be valid for purposes of enforcement of this Act. PART B—ADMINISTRATIVE PROVISIONS RULES A N D REGULATIONS

29 USC 1861.

SEC. 511. The Secretary may issue such rules and regulations as are necessary to carry out this Act, consistent with the requirements 5 USC 500 et seq. of chapter 5 of title 5, United States Code. AUTHORITY TO OBTAIN INFORMATION

29 USC 1862.

SEC. 512. (a) To carry out this Act the Secretary, either pursuant to a complaint or otherwise, shall, as may be appropriate, investigate, and in connection therewith, enter and inspect such places (including housing and vehicles) and such records (and make transcriptions thereof), question such persons and gather such infor-

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