U.S. Code » Title 29 » Chapter CHAPTER 20— MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION › Subchapter SUBCHAPTER V— GENERAL PROVISIONS › Part Part B— Administrative Provisions

29 U.S.C. § 1862

Authority to obtain information

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(a) Investigation and inspection authority concerning places, records, etc.

To carry out this chapter the Secretary, either pursuant to a complaint or otherwise, shall, as may be appropriate, investigate, and in connection therewith, 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 chapter, or regulations prescribed under this chapter.

(b) Attendance and testimony of witnesses, and production of evidence; subpena authority

The Secretary may issue subpenas requiring the attendance and testimony of witnesses or the production of any evidence in connection with such investigations. The Secretary may administer oaths, examine witnesses, and receive evidence. For the purpose of any hearing or investigation provided for in this chapter, the authority contained in sections 49 and 50 of title 15, relating to the attendance of witnesses and the production of books, papers, and documents, shall be available to the Secretary. The Secretary shall conduct investigations in a manner which protects the confidentiality of any complainant or other party who provides information to the Secretary in good faith.

(c) Prohibited activities

It shall be a violation of this chapter for any person to unlawfully resist, oppose, impede, intimidate, or interfere with any official of the Department of Labor assigned to perform an investigation, inspection, or law enforcement function pursuant to this chapter during the performance of such duties.

(Pub. L. 97–470, title V, § 512, Jan. 14, 1983, 96 Stat. 2598.)Statutory Notes and Related SubsidiariesEffective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as a note under section 1801 of this title.

Notes of Decisions
Cited in 6 cases, 1987–2014 · leading case: Perez v. Blue Mountain Farms, 961 F. Supp. 2d 1164 (E.D. Wash. 2013).
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Perez v. Blue Mountain Farms, 961 F. Supp. 2d 1164 (E.D. Wash. 2013). · cites it 6× “29 U.S.C. § 1862 (a). Individuals violate MSPA when they “unlawfully resist, oppose, impede, intimidate, or interfere with any official of the Department of Labor assigned to perform an investigation, inspection, or law enforcement function pursuant to [MSPA] during the…”
Castillo v. Case Farms of Ohio, Inc., 96 F. Supp. 2d 578 (W.D. Tex. 1999). “Each such person shall retain the original certification for three years and shall make it available for inspection and review in accordance with section 512 [ 29 U.S.C. § 1862 ], (2) Notwithstanding paragraph (1) of this subsection, if a request for the inspection of a facility…”
McLaughlin v. Elsberry, Inc., 868 F.2d 1525 (11th Cir. 1988). · cites it 6× “29 U.S.C. § 1862 (a). It is a violation of the MWPA to “unlawfully resist, oppose, impede, intimidate, or interfere with” a DOL official in the conduct of an investigation.”
Ass'n of Flight Attendants-CWA v. Pension Benefit Guar. Corp., 372 F. Supp. 2d 91 (D.D.C. 2005). “Pursuant to § 1362, upon termination of the FA Plan, United would become liable, inter alia, for “the total amount of the unfunded benefit liabilities 29 U.S.C. § 1862 (b)(1)(A). Thus, the plain language of § 1367 contemplates “arrangements” with plan sponsors whose plans have…”
Perez v. Howes, 7 F. Supp. 3d 715 (W.D. Mich. 2014). “See 29 U.S.C. § 1862 (c). Defendant shall not record any interviews, or instruct others to record such interviews.”
Brock v. Elsberry, Inc., 663 F. Supp. 359 (M.D. Fla. 1987). · cites it 3× “The Court, having considered the pleadings, pretrial stipulations, stipulations at trial, the evidence presented, and arguments of counsel, hereby finds that Defendants have violated 29 U.S.C. § 1862 (c) of the Migrant and Seasonal Agricultural Worker Protection Act of 1983…”
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