[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 96 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 96

 To ensure that employees of traveling sales crews are protected under 
the Fair Labor Standards Act of 1938 and under other provisions of law.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

   Mr. Kohl introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To ensure that employees of traveling sales crews are protected under 
the Fair Labor Standards Act of 1938 and under other provisions of law.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Traveling Sales Crew Protection 
Act''.

               TITLE I--FAIR LABOR STANDARDS ACT OF 1938

SEC. 101. APPLICATION OF PROVISIONS TO CERTAIN OUTSIDE SALESMAN.

    (a) In General.--Section 13 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 213) is amended by adding at the end the following:
    ``(k) For purposes of subsection (a)(1), and notwithstanding any 
other provision of law, the term `outside salesman' shall not include 
any individual employed in the position of a salesman where the 
individual travels with a group of salespeople, including a supervisor, 
team leader or crew leader, and the employees in the group do not 
return to their permanent residences at the end of the work day.''.
    (b) Limitation on Child Labor.--Section 12 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end 
the following:
    ``(e) No individual under 18 years of age may be employed in a 
position requiring the individual to engage in door to door sales or in 
related support work in a manner that requires the individual to remain 
away from his or her permanent residence for more than 24 hours.''.
    (c) Rules and Regulations.--The Secretary of Labor may issue such 
rules and regulations as are necessary to carry out the amendments made 
by this section, consistent with the requirements of chapter 5 of title 
5, United States Code.

             TITLE II--PROTECTION OF TRAVELING SALES CREWS

SEC. 201. PURPOSE.

    It is the purpose of this title--
            (1) to remove the restraints on interstate commerce caused 
        by activities detrimental to traveling sales crew workers;
            (2) to require the employers of such workers to register 
        under this Act; and
            (3) to assure necessary protections for such employees.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Certificate of registration.--The term ``Certificate of 
        Registration'' means a Certificate issued by the Secretary 
        under section 203(c)(1).
            (2) Employ.--The term ``employ'' has the meaning given such 
        term by section 3(g) of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 201(g)).
            (3) Goods.--The term ``goods'' means wares, products, 
        commodities, merchandise, or articles or subjects of interstate 
        commerce of any character, or any part or ingredient thereof.
            (4) Person.--The term ``person'' means any individual, 
        partnership, association, joint stock company, trust, 
        cooperative, or corporation.
            (5) Sale, sell.--The terms ``sale'' or ``sell'' include any 
        sale, exchange, contract to sell, consignment for sale, 
        shipment for sale, or other disposition of goods.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (7) Traveling sales crew worker.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``traveling sales crew worker'' means an 
                individual who--
                            (i) is employed as a salesperson or in 
                        related support work;
                            (ii) travels with a group of salespersons, 
                        including a supervisor; and
                            (iii) is required to be absent overnight 
                        from his or her permanent place of residence.
                    (B) Limitation.--The term ``traveling sales crew 
                worker'' does not include--
                            (i) any individual who meets the 
                        requirements of subparagraph (A) if such 
                        individual is traveling to a trade show or 
                        convention; or
                            (ii) any immediate family member of a 
                        traveling sales crew employer.

SEC. 203. REGISTRATION OF EMPLOYERS AND SUPERVISORS OF TRAVELING SALES 
              CREW WORKERS.

    (a) Registration Requirement.--
            (1) In general.--No person shall engage in any form of 
        employment of traveling sales crew workers, unless such person 
        has a Certificate of Registration from the Secretary.
            (2) Supervisors.--A traveling sales crew employer shall not 
        hire, employ, or use any individual as a supervisor of a 
        traveling sales crew, unless such individual has a Certificate 
        of Registration from the Secretary.
            (3) Display of certificate of registration.--Each 
        registered traveling sales crew employer and each registered 
        traveling sales crew supervisor shall carry at all times while 
        engaging in traveling sales crew activities a Certificate of 
        Registration from the Secretary and, upon request, 
shall exhibit that certificate to all persons with whom they intend to 
deal.
    (b) Application for Registration.--Any person desiring to be issued 
a Certificate of Registration from the Secretary, as either a traveling 
sales crew employer or traveling sales crew supervisor, shall file with 
the Secretary a written application that contains the following:
            (1) A declaration, subscribed and sworn to by the 
        applicant, stating the applicant's permanent place of 
        residence, the type or types of sales activities to be 
        performed, and such other relevant information as the Secretary 
        may require.
            (2) A statement identifying each vehicle to be used to 
        transport any member of any traveling sales crew and, if the 
        vehicle is or will be owned or controlled by the applicant, 
        documentation showing that the applicant is in compliance with 
        the requirements of section 204(d) with respect to each such 
        vehicle.
            (3) A statement identifying, with as much specificity as 
        the Secretary may require, each facility or real property to be 
        used to house any member of any traveling sales crew and, if 
        the facility or real property is or will be owned or controlled 
        by the applicant, documentation showing that the applicant is 
        in compliance with section 204(e) with respect to each such 
        facility or real property.
            (4) A set of fingerprints of the applicant.
            (5) A declaration, subscribed and sworn to by the 
        applicant, consenting to the designation by a court of the 
        Secretary as an agent available to accept service of summons in 
        any action against the applicant, if the applicant has left the 
        jurisdiction in which the action is commenced or otherwise has 
        become unavailable to accept service.
    (c) Issuance of Certificate of Registration.--
            (1) In general.--In accordance with regulations, and after 
        any investigation which the Secretary may deem appropriate, the 
        Secretary shall issue a Certificate of Registration, as either 
        a traveling sales crew employer or traveling sales crew 
        supervisor, to any person who meets the standards for such 
        registration.
            (2) Refusal to issue or renew, suspension and revocation.--
        The Secretary may refuse to issue or renew, or may suspend or 
        revoke, a Certificate of Registration if the applicant for or 
        holder or the Certificate--
            (1) has knowingly made any misrepresentation in the 
        application for such Certificate of Registration;
            (2) is not the real party in interest with respect to the 
        application or Certificate of Registration and the real party 
        in interest is a person who--
                    (A) has been refused issuance or renewal of a 
                Certificate;
                    (B) has had a Certificate suspended or revoked; or
                    (C) does not qualify for a Certificate under this 
                section;
            (3) has failed to comply with this title or any regulation 
        promulgated under this title;
            (4) has failed--
                    (A) to pay any court judgment obtained by the 
                Secretary or any other person under this title or any 
                regulation promulgated under this title; or
                    (B) to comply with any final order issued by the 
                Secretary as a result of a violation of this title or 
                any regulation promulgated under this title;
            (5) has been convicted within the 5 years preceding the 
        date on which the application was filed or the Certificate was 
        issued--
                    (A) of any crime under Federal or State law 
                relating to the sale, distribution or possession of 
                alcoholic beverages or narcotics, in connection with or 
                incident to any traveling sales crew activities;
                    (B) of any crime under Federal or State law 
                relating to child abuse, neglect, or endangerment; or
                    (C) of any felony under Federal or State law 
                involving robbery, bribery, extortion, embezzlement, 
                grand larceny, burglary, arson, murder, rape, assault 
                with intent to kill, assault which inflicts grievous 
                bodily injury, prostitution, peonage, or smuggling or 
                harboring individuals who have entered the United 
                States illegally;
            (6) has been found to have violated paragraph (1) or (2) of 
        section 274A(a) of the Immigration and Nationality Act (8 
        U.S.C. 1324a(a)(1) or (2));
            (7) has failed to comply with any bonding or security 
        requirements as the Secretary may establish; or
            (8) has failed to satisfy any other requirement which the 
        Secretary may by regulation establish.
    (d) Administrative Proceedings and Judicial Review.--
            (1) In general.--A person who is refused the issuance or 
        renewal of a Certificate or Registration, or whose Certificate 
        of Registration is suspended or revoked, shall be afforded an 
        opportunity for an agency hearing, upon a request made within 
        30 days after the date of issuance of the notice of refusal, 
        suspension, or revocation. If no hearing is requested as 
        provided for in this subsection, the refusal, suspension, or 
        revocation shall constitute a final and unappealable order.
            (2) Hearing.--If a hearing is requested under paragraph 
        (1), the initial agency decision shall be made by an 
        administrative law judge, with all issues to be determined on 
        the record pursuant to section 554 of title 5, United States 
        Code, and such decision shall become the final order unless the 
        Secretary modifies or vacates the decision. Notice of intent to 
        modify or vacate the decision of the administrative law judge 
        shall be issued to the parties within 90 days after the 
        decision of the administrative law judge. A final order which 
        takes effect under this paragraph shall be subject to review 
only as provided under paragraph (3).
            (3) Review by court.--Any person against whom an order has 
        been entered after an agency hearing under this subsection may 
        obtain review by the United States district court for any 
        district in which the person is located, or the United States 
        District Court for the District of Columbia, by filing a notice 
        of appeal in such court within 30 days from the date of such 
        agency order, and simultaneously sending a copy of such notice 
        by registered mail to the Secretary. The Secretary shall 
        promptly certify and file in such court the record upon which 
        the agency order was based. The findings of the Secretary shall 
        be set aside only if found to be unsupported by substantial 
        evidence as provided by section 706(2)(E) of title 5, United 
        States code. Any final decision, order, or judgment of such 
        District Court concerning such review shall be subject to 
        appeal as provided for in chapter 83 of title 28, United States 
        Code.
    (e) Transfer or Assignment of Certificate; Expiration; Renewal.--
            (1) Limitation.--A Certificate of Registration may not be 
        transferred or assigned.
            (2) Expiration and extension.--
                    (A) Expiration.--Unless earlier suspended or 
                revoked, a Certificate of Registration shall expire 12 
                months from the date of issuance.
                    (B) Extension.--A Certificate of Registration may 
                be temporarily extended, at the Secretary's discretion, 
                by the filing of an application with the Secretary at 
                least 30 days prior to the Certificate's expiration 
                date.
            (3) Renewal.--A Certificate of Registration may be renewed 
        through the application process provided for in subsections (b) 
        and (c).
    (f) Notice of Address Change; Amendment of Certificate of 
Registration.--During the period for which a Certificate of 
Registration is in effect, the traveling sales crew employer or 
supervisor named on the Certificate shall--
            (1) provide to the Secretary within 30 days a notice of 
        each change of permanent place of residence; and
            (2) apply to the Secretary to amend the Certificate of 
        Registration whenever the person intends to--
                    (A) engage in any form of traveling sales crew 
                activity not identified on the Certificate;
                    (B) use or cause to be used any vehicle not covered 
                by the Certificate to transport any traveling sales 
                crew worker; or
                    (C) use or cause to be used any facility or real 
                property not covered by the Certificate to house any 
                traveling sales crew worker.
    (g) Filing Fee.--The Secretary shall require the payment of a fee 
by an employer filing an application for the issuance or renewal of a 
Certificate of Registration. The amount of the fee shall be $500 for a 
Certificate for an employer and $50 for a Certificate for a supervisor. 
Sums collected pursuant to this section shall be applied by the 
Secretary toward reimbursement of the costs of administering this 
title.

SEC. 204. OBLIGATIONS OF EMPLOYERS OF TRAVELING SALES CREW WORKERS.

    (a) Disclosure of Terms and Conditions of Employment.--
            (1) Written disclosure.--At the time of recruitment, each 
        traveling sales crew worker shall be provided with a written 
        disclosure of the following information, which shall be 
        accurate and complete to the best of the employer's knowledge:
                    (A) The place or places of employment, stated with 
                as much specificity as possible.
                    (B) The wage rate or rates to be paid.
                    (C) The type or types of work on which the worker 
                may be employed.
                    (D) The period of employment.
                    (E) The transportation, housing, and any other 
                employee benefit to be provided, and any costs to be 
                charged to the worker for each such benefit.
                    (F) The existence of any strike or other concerted 
                work stoppage, slowdown, or interruption of operations 
                by employees at the place of employment.
                    (G) Whether State workers' compensation insurance 
                is provided and, if so, the name of the State workers' 
                compensation insurance carrier, the name of the 
                policyholder of such insurance, the name and the 
                telephone number of each person who must be notified of 
                an injury or death, and the time period within which 
                such notice must be given.
            (2) Records and statements.--Each employer of traveling 
        sales crew workers shall--
                    (A) with respect to each such worker, make, keep, 
                and preserve records for 3 years of the--
                            (i) basis on which wages are paid;
                            (ii) number of piecework units earned, if 
                        paid on a piecework basis;
                            (iii) number of hours worked;
                            (iv) total pay period earnings;
                            (v) specific sums withheld and the purpose 
                        of each sum withheld; and
                            (vi) net pay; and
                    (B) provide to each worker for each pay period, an 
                itemized written statement of the information required 
                under subparagraph (A).
    (b) Payment of Wages When Due.--Each traveling sales crew worker 
shall be paid the wages owed that worker when due. The payment of wages 
shall be in United States currency or in a negotiable instrument such 
as a bank check. The payment of wages shall be accompanied by the 
written disclosure required by subsection (a)(2)(B).
    (c) Costs of Goods, Services, and Business Expenses.--
            (1) Prohibition.--No employer of traveling sales crew 
        workers shall--
                    (A) require any worker to purchase any goods or 
                services solely from such employer; or
                    (B) impose on any worker any of the employer's 
                business expenses, such as the cost of maintaining and 
                operating a vehicle used to transport the traveling 
                sales crew.
            (2) Inclusion as part of wages.--An employer may include as 
        part of the wages paid to a traveling sales crew worker the 
        reasonable cost to the employer of furnishing board, lodging, 
        or other facilities to such worker, so long as--
                    (A) such facilities are customarily furnished by 
                such employer to the employees of the employer; and
                    (B) such cost does not exceed the fair market value 
                of such facility and does not include any profit to the 
                employer.
    (d) Safety and Health in Transportation.--
            (1) Standards.--An employer of traveling sales crew workers 
        shall provide transportation for such workers in a manner that 
        is consistent with the following standards:
                    (A) The employer shall ensure that each vehicle 
                which the employer uses or causes to be used for such 
                transportation conforms to the standards prescribed by 
                the Secretary under paragraph (2) and conforms to other 
                applicable Federal and State safety standards.
                    (B) The employer shall ensure that each driver of 
                each such vehicle has a valid and appropriate license, 
                as provided by State law, to operate the vehicle.
                    (C) The employer shall have an insurance policy or 
                fidelity bond in accordance with subsection (c).
            (2) Promulgation by secretary.--The Secretary shall 
        prescribe, by regulation, such safety and health standards as 
        may be appropriate for vehicles used to transport traveling 
        sales crew workers. In establishing such standards, the 
        Secretary shall consider--
                    (A) the type of vehicle used;
                    (B) the passenger capacity of the vehicle;
                    (C) the distance which such workers will be carried 
                in the vehicle;
                    (D) the type of roads and highways on which such 
                workers will be carried in the vehicle;
                    (E) the extent to which a proposed standard would 
                cause an undue burden on an employer of traveling sales 
                crew workers; and
                    (F) any standard prescribed by the Secretary of 
                Transportation under part II of the Interstate Commerce 
                Act (49 U.S.C. 301 et seq.) or any successor provision 
                of subtitle IV of title 49, United States Code.
    (e) Safety and Health in Housing.--An employer of traveling sales 
crew workers shall provide housing for such workers in a manner that is 
consistent with the following standards:
            (1) If the employer owns or controls the facility or real 
        property which is used for housing traveling sales crew 
        workers, the employer shall be responsible for ensuring that 
        the facility or real property complies with substantive Federal 
        and State safety and health standards applicable to that 
        housing. Prior to occupancy by such workers, the facility or 
        real property shall be certified by a State or local health 
        authority or other appropriate agency as meeting applicable 
        safety and health standards. Written notice shall be posted in 
        the facility or real property, prior to and throughout the 
        occupancy by such workers, informing such workers that the 
        applicable safety and health standards are met.
            (2) If the employer does not own or control the facility or 
        real property which is used for housing traveling sales crew 
        workers, the employer shall be responsible for ensuring that 
        the owner or operator of such facility or real property 
        complies with substantive Federal and State safety and health 
        standards applicable to that housing. Such assurance by the 
        employer shall include the verification that the owner or 
        operator of such facility or real property is licensed and 
        insured in accordance with all applicable State and local laws. 
        The employer shall obtain such assurance prior to housing any 
        workers in the facility or real property.
    (f) Insurance of Vehicles; Workers' Compensation Insurance.--
            (1) Insurance.--An employer of traveling sales crew workers 
        shall ensure that there is in effect, for each vehicle used to 
        transport such workers, an insurance policy or a liability bond 
        which insures the employer against liability for damage to 
        persons and property arising from the ownership, operation, or 
        the causing to be operated of such vehicle for such purpose. 
        The level of insurance or liability bond required shall be 
        determined by the Secretary considering at least the factors 
        set forth in subsection (d)(2) and any relevant State law.
            (2) Workers' compensation.--If an employer of traveling 
        sales crew workers is the employer of such workers for purposes 
        of a State workers' compensation law and such employer provides 
        workers' compensation coverage for such workers as provided for 
        by such State law, the following modifications to the 
        requirements of paragraph (1) shall apply:
                    (A) No insurance policy or liability bond shall be 
                required of the employer if such workers are 
                transported only under circumstances for which there is 
                workers' compensation coverage under such State law.
                    (B) An insurance policy or liability bond shall be 
                required of the employer for all circumstances under 
                which workers' compensation coverage for the 
                transportation of such workers is not provided under 
                such State law.

SEC. 205. ENFORCEMENT PROVISIONS.

    (a) Criminal Sanctions.--An employer who willfully and knowingly 
violates this title, or any regulation promulgated under this title, 
shall be fined not more than $10,000 or imprisoned for not to exceed 1 
year, or both. Upon conviction for any subsequent violation of this 
title, or any such regulation, an employer shall be fined not more than 
$50,000 or imprisoned for not to exceed 3 years, or both.
    (b) Judicial Enforcement.--
            (1) Injunctive relief.--The Secretary may petition any 
        appropriate district court of the United States for temporary 
        or permanent injunctive relief if the Secretary determines that 
        this title, or any regulation promulgated under this title, has 
        been violated.
            (2) Solicitor of labor.--Except as provided in section 
        518(a) of title 28, United States Code, relating to litigation 
        before the Supreme Court, the Solicitor of Labor may appear for 
        and represent the Secretary in any civil litigation brought 
        under this title, but all such litigation shall be subject to 
        the direction and control of the Attorney General.
    (c) Administrative Sanctions; Proceedings.--
            (1) Civil money penalty.--Subject to paragraph (2), an 
        employer that violates this title, or any regulation 
        promulgated under this title, may be assessed a civil money 
        penalty of not more than $10,000 for each such violation.
            (2) Determination of penalty.--In determining the amount of 
        any penalty to be assessed under paragraph (1), the Secretary 
        shall take into account--
                    (A) the previous record of the employer in terms of 
                compliance with this title and the regulations 
                promulgated under this title; and
                    (B) the gravity of the violation.
            (3) Proceedings.--
                    (A) In general.--An employer that is assessed a 
                civil money penalty under this subsection shall be 
                afforded an opportunity for an agency hearing, upon 
                request made within 30 days after the date of issuance 
                of the notice of assessment. In such hearing, all 
                issues shall be determined on the record pursuant to 
                section 554 of title 5, United States Code. If no 
                hearing is requested as provided for in this paragraph, 
                the assessment shall constitute a final and 
                unappealable order.
                    (B) Administrative law judge.--If a hearing is 
                requested under subparagraph (A), the initial agency 
                decision shall be made by an administrative law judge, 
                and such decision shall become the final order unless 
                the Secretary modifies or vacates this decision. Notice 
                of intent to modify or vacate the decision of the 
                administrative law judge shall be issued to the parties 
                within 90 days after the decision of the administrative 
                law judge. A final order which takes effect under this 
                paragraph shall be subject to review only as provided 
                for under subparagraph (C).
                    (C) Review.--An employer against whom an order 
                imposing a civil money penalty has been entered after 
                an agency hearing under this section may obtain review 
                by the United States district court for any district in 
                which the employer is located, or the United States 
                District Court for the District of Columbia, by filing 
                a notice of appeal in such court within 30 days from 
                the date of such order and simultaneously sending a 
                copy of such notice by registered mail to the 
                Secretary. The Secretary shall promptly certify and 
                file in such court the record upon which the penalty 
                was imposed. The findings of the Secretary shall be set 
                aside only if found to be unsupported by substantial 
                evidence as provided by section 706(2)(E) of title 5, 
                United States Code. Any final decision, order, or 
                judgment of such District Court concerning such review 
                shall be subject to appeal as provided in chapter 83 of 
                title 28, United States Code.
                    (D) Failure to pay.--If any person fails to pay an 
                assessment after it has become a final and unappealable 
                order under this paragraph, or after the court has 
                entered final judgment in favor of the agency, the 
                Secretary shall refer the matter to the Attorney 
                General, who shall recover the amount assessed by 
                action in the appropriate United States district court. 
                In such action, the validity and appropriateness of the 
                final order imposing the penalty shall not be subject 
                to review.
                    (E) Payment of penalties.--All penalties collected 
                under authority of this section shall be paid into the 
                Treasury of the United States.
    (d) Private Right of Action.--
            (1) In general.--Any traveling sales crew worker aggrieved 
        by a violation of this title, or any regulation promulgated 
        under this title, by an employer may file suit in any district 
        court of the United States having jurisdiction over the 
        parties, without respect to the amount in controversy and 
        without regard to exhaustion of any alternative administrative 
        remedies provided for in this title.
            (2) Damages.--
                    (A) In general.--If the court in an action under 
                paragraph (1) finds that the defendant intentionally 
                violated a provision of this Act, or a regulation 
                promulgated under this Act, the court may award--
                            (i) damages up to and including an amount 
                        equal to the amount of actual damages;
                            (ii) statutory damages of not more than 
                        $1,000 per plaintiff per violation or, if such 
                        complaint is certified as a class action, not 
                        more than $1,000,000 for all plaintiffs in the 
                        class; or
                            (iii) other equitable relief.
                    (B) Determination of amount.--In determining the 
                amount of damages to be awarded under subparagraph (A), 
                the court may consider whether an attempt was made to 
                resolve the issues in dispute before the resort to 
                litigation.
                    (C) Workers' compensation.--
                            (i) In general.--Notwithstanding any other 
                        provision of this title, where a State workers' 
                        compensation law is applicable and coverage is 
                        provided for a traveling sales crew worker, the 
                        workers' compensation benefits shall be the 
                        exclusive remedy for loss of such worker under 
                        this title in the case of bodily injury or 
                        death in accordance with such State's workers' 
                        compensation law.
                            (ii) Limitation.--The exclusive remedy 
                        provided for under clause (i) precludes the 
                        recovery under subparagraph (A) of actual 
                        damages for loss from an injury or death but 
                        does not preclude recovery under such 
                        subparagraph for statutory damages (as provided 
                        for in clause (iii)) 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--
                                    (I) a recovery under a State 
                                workers' compensation law; or
                                    (II) rights conferred under a State 
                                workers' compensation law.
                            (iii) Statutory damages.--In an action in 
                        which a claim for actual damages is precluded 
                        as provided for in clause (ii), the court shall 
                        award statutory damages of not more than 
                        $20,000 per plaintiff per violation or, in the 
                        case of a class action, not more than 
                        $1,000,000 for all plaintiffs in the class, if 
                        the court finds any of the following:
                                    (I) The defendant violated section 
                                204(d) by knowingly requiring or 
                                permitting a driver to drive a vehicle 
                                for the transportation of the plaintiff 
                                or plaintiffs while under the influence 
                                of alcohol or a controlled substance 
                                (as defined in section 102 of the 
                                Controlled Substances Act (21 U.S.C. 
                                802)), the defendant had actual 
                                knowledge of the driver's condition, 
                                such violation resulted in the injury 
                                or death of the plaintiff or 
                                plaintiffs, and such injury or death 
                                arose out of and in the course of 
                                employment as defined under the State 
                                worker's compensation law.
                                    (II) The defendant was found by the 
                                court or was determined in a previous 
                                administrative or judicial proceeding 
                                to have violated a safety standard 
                                prescribed by the Secretary under 
                                section 204 and such violation resulted 
                                in the injury or death of the plaintiff 
                                or plaintiffs.
                                    (III) The defendant willfully 
                                disabled or removed a safety device 
                                prescribed by the Secretary under 
                                section 204, or the defendant in 
                                conscious disregard of the requirements 
                                of such section failed to provide a 
                                safety device required by the 
                                Secretary, and such disablement, 
                                removal, or failure to provide a safety 
                                device resulted in the injury or death 
                                of the plaintiff or plaintiffs.
                                    (IV) At the time of the violation 
                                of section 204, which resulted in the 
                                injury or death of the plaintiff or 
                                plaintiffs, the employer or the 
                                supervisor of the traveling sales crew 
                                did not have a Certificate of 
                                Registration in accordance with section 
                                203.
                            (iv) Determination of amount.--For purposes 
                        of determining the amount of statutory damages 
                        due to a plaintiff under this subparagraph, 
                        multiple infractions of a single provision of 
                        this title, or of regulations promulgated under 
                        this title, shall constitute a single 
                        violation.
                    (D) Attorney's fee.--The court shall, in addition 
                to any judgment awarded to the plaintiff or plaintiffs 
                under this paragraph, allow a reasonable attorney's fee 
                to be paid by the defendant or defendants, and costs of 
                the action.
                    (E) Appeals.--Any civil action brought under this 
                subsection shall be subject to appeal as provided for 
                in chapter 83 of title 28, United States Code.
    (e) Discrimination Prohibited.--
            (1) In general.--No person shall intimidate, threaten, 
        restrain, coerce, blacklist, discharge, or in any manner 
        discriminate against any traveling sales crew 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 title, 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 the worker or others of any right or 
protection afforded by this title.
            (2) Complaint.--
                    (A) In general.--A traveling sales crew worker who 
                believes, with just cause, that such worker has been 
                discriminated against in violation of this subsection 
                may, within 12 months of the date of such violation, 
                file a complaint with the Secretary alleging such 
                discrimination.
                    (B) Investigation.--Upon receipt of a complaint 
                under subparagraph (A), the Secretary shall cause such 
                investigation to be made as the determines to be 
                appropriate.
                    (C) Actions.--If upon an investigation under 
                subparagraph (B), the Secretary determines that the 
                provisions of this subsection have been violated, the 
                Secretary shall bring an action in any appropriate 
                United States district court against the person 
                involved.
                    (D) Relief.--In any action under subparagraph (C), 
                the United States district court shall have 
                jurisdiction, for cause shown, to restrain violations 
                of this subsection and order all appropriate relief, 
                including rehiring or reinstatement of the worker, with 
                back pay, or damages.
    (f) Waiver of Rights.--Agreements by workers purporting to waive or 
to modify their rights under this title 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 
title.
    (g) Authority To Obtain Information.--
            (1) In general.--To carry out this title, the Secretary, 
        either pursuant to a complaint or otherwise, shall, as may be 
        appropriate, investigate and, in connection with such 
        investigation, enter and inspect such places (including housing 
        and vehicles) and such records (and make transcriptions 
        thereof), question such persons and gather such information to 
        determine compliance with this title, or regulations 
        promulgated under this title.
            (2) Production and receipt of evidence.--The Secretary may 
        issue subpoenas requiring the attendance and testimony of 
        witnesses or the production of any evidence in connection with 
        investigations under paragraph (1). The Secretary may 
        administer oaths, examine witnesses, and receive evidence. For 
        the purpose of any hearing or investigation provided for in 
        this title, the authority contained in sections 9 and 10 of the 
        Federal Trade Commission Act (15 U.S.C. 49 and 50), relating to 
        the attendance of witnesses and the production of books, 
        papers, and documents, shall be available to the Secretary.
            (3) Confidentiality.--The Secretary shall conduct 
        investigations under paragraph (1) in a manner which protects 
        the confidentiality of any complainant or other party who 
        provides information to the Secretary in good faith.
            (4) Violation.--It shall be violation of this title for any 
        person to unlawfully resist, oppose, impede, intimidate, or 
        interfere with any official of the Department of Labor assigned 
        to perform any investigation, inspection, or law enforcement 
        function pursuant to this title during the performance of such 
        duties.
    (h) State Laws and Regulations; Government Agencies.--
            (1) Relation to state laws.--This title is intended to 
        supplement State law, and compliance with this title shall not 
        be construed to excuse any person from compliance with 
        appropriate State laws and regulations.
            (2) Agreements.--The Secretary may enter into agreements 
        with Federal and State agencies--
                    (A) to use their facilities and services;
                    (B) to delegate to Federal and State agencies such 
                authority, other than rulemaking, as may be useful in 
                carrying out this title; and
                    (C) to allocate or transfer funds to, or otherwise 
                pay or reimburse, such agencies for expenses incurred 
                pursuant to agreements under this paragraph.
    (i) Rules and Regulations.--The Secretary may issue such rules and 
regulations as may be necessary to carry out this title, consistent 
with the requirements of chapter 5 of title 5, United States Code.
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