[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR501.5]

[Page 55]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 501_ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN 
 
                      Subpart A_General Provisions
 
Sec. 501.5  Investigation authority of Secretary.

    (a) General. The Secretary, either pursuant to a complaint or 
otherwise, shall, as may be appropriate, investigate and, in connection 
therewith, enter and inspect such places and vehicles (including 
housing) and such records (and make transcriptions thereof), question 
such persons and gather such information as deemed necessary by the 
Secretary to determine compliance with contractual obligations under 
section 216 of the INA or these regulations.
    (b) Failure to permit investigation. Where any person using the 
services of an H-2A worker does not permit an investigation concerning 
the employment of his or her workers the Wage and Hour Division shall 
report such occurrence to ETA and may recommend denial of future labor 
certifications to such person. In addition, Wage and Hour may take such 
action as may be appropriate, including the seeking of an injunction or 
assessing civil money penalties, against any person who has failed to 
permit Wage and Hour to make an investigation.
    (c) Confidential investigation. The Secretary shall conduct 
investigations in a manner which protects the confidentiality of any 
complainant or other person who provides information to the Secretary in 
good faith.
    (d) Report of violations. Any person may report a violation of the 
work contract obligations of section 216 of the INA or these regulations 
to the Secretary by advising any local office of the Employment Service 
of the various States, any office of ETA, any office of the Wage and 
Hour Division, ESA, U.S. Department of Labor, or any other authorized 
representative of the Secretary. The office or person receiving such a 
report shall refer it to the appropriate office of the Wage and Hour 
Division, ESA, for the area in which the reported violation is alleged 
to have occurred.

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