
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC1854]

 
                             TITLE 29--LABOR
 
     CHAPTER 20--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
 
                    SUBCHAPTER V--GENERAL PROVISIONS
 
                     Part A--Enforcement Provisions
 
Sec. 1854. Private right of action


(a) Maintenance of civil action in district court by aggrieved person

    Any person aggrieved by a violation of this chapter or any 
regulation under this chapter by a farm labor contractor, agricultural 
employer, agricultural association, or other person may file suit in any 
district court of the United States having jurisdiction of the parties, 
without respect to the amount in controversy and without regard to the 
citizenship of the parties and without regard to exhaustion of any 
alternative administrative remedies provided herein.

(b) Appointment of attorney and commencement of action

    Upon application by a complainant and in such circumstances as the 
court may deem just, the court may appoint an attorney for such 
complainant and may authorize the commencement of the action.

(c) Award of damages or other equitable relief; amount; criteria; appeal

    (1) If the court finds that the respondent has intentionally 
violated any provision of this chapter or any regulation under this 
chapter, it may award damages up to and including an amount equal to the 
amount of actual damages, or statutory damages of up to $500 per 
plaintiff per violation, or other equitable relief, except that (A) 
multiple infractions of a single provision of this chapter or of 
regulations under this chapter shall constitute only one violation for 
purposes of determining the amount of statutory damages due a plaintiff; 
and (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.

(d) Workers' compensation benefits; exclusive remedy

    (1) Notwithstanding any other provision of this chapter, where a 
State workers' compensation law is applicable and coverage is provided 
for a migrant or seasonal agricultural worker, the workers' compensation 
benefits shall be the exclusive remedy for loss of such worker under 
this chapter in the case of bodily injury or death in accordance with 
such State's workers' compensation law.
    (2) The exclusive remedy prescribed by paragraph (1) precludes the 
recovery under subsection (c) of this section of actual damages for loss 
from an injury or death but does not preclude recovery under subsection 
(c) of this section for statutory damages or equitable relief, except 
that such relief shall not include back or front pay or in any manner, 
directly or indirectly, expand or otherwise alter or affect (A) a 
recovery under a State workers' compensation law or (B) rights conferred 
under a State workers' compensation law.

(e) Expansion of statutory damages

    If the court finds in an action which is brought by or for a worker 
under subsection (a) of this section in which a claim for actual damages 
is precluded because the worker's injury is covered by a State workers' 
compensation law as provided by subsection (d) of this section that--
        (1)(A) the defendant in the action violated section 1841(b) of 
    this title by knowingly requiring or permitting a driver to drive a 
    vehicle for the transportation of migrant or seasonal agricultural 
    workers while under the influence of alcohol or a controlled 
    substance (as defined in section 802 of title 21) 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 1841(b) of this title 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 1841(b) of this 
    title, or
        (ii) the defendant in conscious disregard of the requirements of 
    section 1841(b) of this title 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 1841(b) of this title,
        (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 
    1841(b) of this title also was--
            (i) an unregistered farm labor contractor in violation of 
        section 1811(a) of this title, 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 chapter 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.

(f) Tolling of statute of limitations

    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 worker, the statute of 
limitations for bringing an action for actual damages for such injury or 
death under subsection (a) of this section shall be tolled for the 
period during which the claim for such injury or death under such State 
workers' compensation law was pending. The statute of limitations for an 
action for other actual damages, statutory damages, or equitable relief 
arising out of the same transaction or occurrence as the injury or death 
of the migrant or seasonal agricultural worker shall be tolled for the 
period during which the claim for such injury or death was pending under 
the State workers' compensation law.

(Pub. L. 97-470, title V, Sec. 504, Jan. 14, 1983, 96 Stat. 2597; Pub. 
L. 102-392, title III, Sec. 325(a), Oct. 6, 1992, 106 Stat. 1728; Pub. 
L. 104-49, Secs. 1(a)(2), 2(a), 3, Nov. 15, 1995, 109 Stat. 432, 433.)


                               Amendments

    1995--Subsec. (d). Pub. L. 104-49, Sec. 1(a)(2), amended subsec. (d) 
generally. Prior to amendment, subsec. (d) read as follows:
    ``(d)(1) Notwithstanding any other provision of this chapter, where 
a State workers' compensation law is applicable and coverage is provided 
for a migrant or seasonal agricultural worker, the workers' compensation 
benefits shall be the exclusive remedy for loss of such worker under 
this chapter in the case of bodily injury or death.
    ``(2) The exclusive remedy prescribed by paragraph (1) precludes the 
recovery under subsection (c) of this section of actual damages for loss 
from an injury or death but does not preclude recovery under subsection 
(c) of this section for statutory damages or an injunction.''
    Subsec. (e). Pub. L. 104-49, Sec. 2(a), added subsec. (e).
    Subsec. (f). Pub. L. 104-49, Sec. 3, added subsec. (f).
    1992--Subsec. (d). Pub. L. 102-392 added subsec. (d).


                    Effective Date of 1995 Amendment

    Section 1(b) of Pub. L. 104-49 provided that: ``The amendment made 
by subsection (a)(2) [amending this section] shall apply to all cases in 
which a final judgment has not been entered.''
    Section 2(b) of Pub. L. 104-49 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply to all cases in 
which a final judgment has not been entered.''


                    Effective Date of 1992 Amendment

    Section 325(c) of Pub. L. 102-392 provided that the amendment of 
this section by section 325(a) of Pub. L. 102-392 would apply to actions 
commenced after Oct. 6, 1992, but not after the expiration of 9 months 
after such date, with waiver and extension provisions for certain 
actions, prior to repeal by Pub. L. 104-49, Sec. 1(a)(1), Nov. 15, 1995, 
109 Stat. 432.
