ceedings 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) Any 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, he 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. RECORDKEEPING SEC. 14. Any person who is furnished any migrant worker by a farm labor contractor shall maintain all payroll records required to be kept by such person under Federal law, and with respect to migrant workers paid by a farm labor contractor such person shall also obtain from the contractor and maintain records containing the information required to be provided to him by the contractor under section 6(e) of the Act. STATE LAWS AND REGULATIONS SEC. [12] 15. This Act and the provisions contained herein are intended to supplement State action and compliance with this Act shall not excuse anyone from compliance with appropriate State law and regulation. SEVERABILITY SEC. [13] 16. If any provision of this Act, or the application thereof to any person or circumstance, shall be held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. RULES AND REGULATIONS SEC. [14] 17. The Secretary is authorized to issue such rules and regulations as he determines necessary for the purpose of carrying out the provisions [of sections 4, 5, 6, and 8] of this Act. NONWAIVER PROVISIONS SEC. 18. Any agreement by an employee purporting to waive or to modify his rights hereunder shall be void as contrary to public policy, except a waiver or modification of rights or obligations hereunder in favor of the Secretary shall be valid for purposes of enforcement of the provisions of the Act. AUTHORIZATION OF APPROPRIATIONS SEC. 19. There are authorized to be appropriated to carry out the purpose of this Act such sums as may be necessary for the effective enforcement of this Act. FARM LABOR CONTRACTOR REG TION ACT 1963 Contractor Re ublic Law 93-518)) on A the House of Representatives of the ress assen bled. That this Act may be ontractor Registration Act of 1963 INDINGS AND DECLARATION OF POLICY he Congress hereby finds that the channels and instru- Ters and the public generally, and that, as a result certain irreagricultural of the use of such been mpediments. of interstate by 1g for ment s prescribed (b) It is there the policy of this Act to remov obstructions, d restraints occasioned to the actities of such irresponsible con engaged in the activity of co the services wor r[interstate] agricultural comply with the provons of this Act and all reg hereunder by the Secretary of Labor. DEFINITIONS SEC. 3. As used in this Act (a) The term "person" includes any individual, pa tion, joint stock company, trust, or corporation. hip, associa (b) The term "farm labor contractor' means an on who, for a fee, either for himself or on behalf of another person, recr icits. clud hires, furnishes, or transports [ten or more] migrant work ing members of his immediate family at any one time in any vendar year] for [interstate] agricultural employment. Su include- m shall not Dera any nonprofit charitable organization, pupuc profit private educational institution, or similar organizatio 2) any farmer, processor, cammer, ginner, packing tor, or nurseyman who personally engages in for the purpose of supplying migrant workers operation: (3) any full-time or regular employee of any entity referred to in (1) or (2) above who engages in such activity solely for his employer on no more than an incidental basis; (4) any person who engages in such activity (A) solely within a 25 mile intrastate radius of his permanent place of residence, and (B) for not more than 13 weeks per year; (5) any person who engaged in any such activity for the purpose of obtaining migrant workers of any foreign nation for employment in the United States, if the employment of such workers is subject to (A) an agreement between the United States and such foreign nation, or (B) an arrangement with the government of any foreign nation under which written contracts for the employment of such workers are provided for and the enforcement thereof is provided for in the United States by an instrumentality of such foreign nation; (6) any full-time or regular employee of any person holding a certificate of registration under this Act; (7) any common carrier or any full-time regular employee thereof engaged solely in the transportation of migrant workers; (8) any custom combine, hay harvesting, or sheep shearing operation.1 (c) The term "fee" includes any money or other valuable consideration paid or promised to be paid to a person for services as a farm labor contractor. (d) The term ["interstate] "agricultural employment" means employment in any service or activity included within the provisions of section 3 (f) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 203 (f)), or section 3121 (g) of the Internal Revenue Code of 1954 (26 U.S.C. 3121(g)) [when such service or activity is performed by an individual worker who has been transported from one State to another or from any place outside of a State to any place within a State.] and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state. (e) The term "Secretary" means the Secretary of the United States Department of Labor or his duly authorized representative. (f) The term "State" means any of the States of the United States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and Guam. (g) The term "migrant worker" means an individual whose primary employment is in agriculture, as defined in section 3 (f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203 (f)), or who performs agricultural labor, as defined in section 3121 (g) of the Internal Revenue Code of 1954 (26 U.S.C. 3121(g)), on a seasonal or other temporary basis CERTIFICATE OF REGISTRATION REQUIRED SEC. 4. (a) No person shall engage in activities as a farm labor contractor unless he first obtains a certificate of registration from the Secretary, and unless such certificate is in full force and effect and is in such person's immediate possession. (b) A full-time or regular employee of any person holding a valid certificate of registration under the provisions of this Act shall not, 1 Paragraph (8) was added by Public Law 94-259, Apr. 5, 1976. NATIONAL APPRENTICESHIP ACT (Act of Aug. 16, 1937, Public Law 308, as amended, 29 [PUBLIC LAW No. 308-75TH CONGRESS] [CHAPTER 663-1ST SESSION] [H.R. 7274] AN ACT To enable the Department of Labor to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices and to cooperate with the States in the promotion of such standards Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Labor is hereby authorized and directed to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, and to cooperate with the National Youth Administration and with the Office of Education of the Department of the Interior in accordance with section 6 of the Act of February 23, 1917 (39 Stat. 932), as amended by Executive Order Numbered 6166, June 10, 1933, issued pursuant to an Act of June 30, 1932 (47 Stat. 414), as amended. SEC. 2. The Secretary of Labor may publish information relating to existing and proposed labor standards of apprenticeship, and may appoint national advisory committees to serve without compensation. Such committees shall include representatives of employers, representatives of labor, educators, and officers of other executive departments, with the consent of the head of any such department. SEC. 3. On and after the effective date of this Act the National Youth Administration shall be relieved of direct responsibility for the promotion of labor standards of apprenticeship as heretofore conducted through the division of apprentice training and shall transfer all records and papers relating to such activities to the custody of the Department of Labor. The Secretary of Labor is authorized to appoint such employees as he may from time to time find necessary for the administration of this Act, with regard to existing laws applicable to the appointment and compensation of employees of the United States: Provided, however, That he may appoint persons now employed in division of apprentice training of the National Youth Administration upon certification by the Civil Service Commission of their qualifications after nonassembled exami nations. SEC. 4. This Act shall take effect on July 1, 1937, or as soon thereafter as it shall be approved. Approved, August 16, 1937. (160) EMPLOYMENT ACT OF 1946, AS AMENDED (60 Stat. 23) [PUBLIC LAW 304-79TH CONGRESS] AN ACT To declare a national policy on employment, production, and purchasing power, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Employment Act of 1946". DECLARATION OF POLICY SEC. 2. The Congress hereby declares that it is the continuing policy and responsibility of the Federal Government to use all practicable means consistent with its needs and obligations and other essential considerations of national policy, with the assistance and cooperation of industry, agriculture, labor, and State and local governments, to coordinate and utilize all its plans, functions, and resources for the purpose of creating and maintaining, in a manner calculated to foster and promote free competitive enterprise and the general welfare, conditions under which there will be afforded useful employment opportunities, including self-employment for those able, willing, and seeking to work, and to promote maximum employment, production, and purchasing power. (15 U.S.C. 1021.) ECONOMIC REPORT OF THE PRESIDENT SEC. 3. (a) The President shall transmit to the Congress not later than January 20 of each year an economic report (hereinafter called the "Economic Report") setting forth (1) the levels of employment, production, and purchasing power obtaining in the United States and such levels needed to carry out the policy declared in section 2; (2) current and foreseeable trends in the levels of employment, production, and purchasing power; (3) a review of the economic program of the Federal Government and a review of economic conditions affecting employment in the United States or any considerable portion thereof during the preceding year and of their effect upon employment, production, and purchasing power; (4) a program for carrying out the policy declared in section 2, together with such recommendations for legislation as he may deem necessary or desirable. |