Section by Section Summary of the Border Security ... - Siskind, Susser

Employers must offer US workers no less than the same benefits, wages and workingconditions as nonimmigrant workers.Employers are not required to provide housing for similarly situated US workers.Employers must provide an attestation whether the employer is a dependent employerwith at least 60% of its workers who are not US workers.Worker protections and dispute resolution –W Ag workers entitled to the same rights as their US counterparts.W Ag workers entitled to protection under the Migrant and Seasonal Agricultural WorkerProtection Act and shall be treated like green card holders for purposes of qualifying for legalservices under the Legal Services Corporation Act on matters relating to wages, housing,transportation and other employment rights. The Federal Mediation and Conciliation Servicesshall be available to assist in resolving disputes. $500K per year is allocated to the FMCS forthis purpose.DOL has the power to investigate employers who fail to comply with the program rules. Anyaggrieved party including a bargaining representative can file a complaint within a year ofthe alleged violation. DOL can fine up to $1000 per misrepresentation violation and debaruse of W ag visas for 1 year. More serious violators can be subjected to a $5000 perviolation fine, equitable relief, and 2 years debarment. Employers violating the displacementprovisions can be hit with a $15,000 per violation fine and 3 years debarment. Themaximum civil penalty will be $90,000.DOL can assess back wages, travel and subsistence costs, housing costs, etc. for the benefitof the worker. But a worker who has filed an administrative complaint can’t simultaneouslypursue a separate civil complaint based on the same violations.The section contains whistleblower protections for complaining workers.Associations filing cases on behalf of an employer are not liable for the actions of theemployer and the employer is liable for any violations. The exception is if the association wasaware of the violations. Associations acting as employers are liable for violations unless theviolation was only known to certain members and then the fine would only be assessedagainst the complicit ones.The Department of Agriculture shall set special visa and wage rules for certain occupations:- Sheepherding and goat herding- Itinerant commercial beekeeping and pollination- Open range production of livestock- Itinerant animal sheering- Custom combining industries; and- Any other industry designated by DHS as a Special Procedures Industry