46 U.S.C. § 80507 — Employee protection
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 172 words · no verdicts yet
This law protects employees who report unsafe shipping containers. Employers cannot fire or discriminate against an employee for reporting a violation. Employees have 60 days to file a complaint, and a court can order reinstatement with back pay.
(a) Prohibition. An employer may not fire or discriminate against an employee because the employee reported an unsafe container*, or a violation of this chapter or its regulations.
(b) Complaints. An employee who believes they were fired or discriminated against in violation of (a) can file a complaint with the Secretary of Labor, within 60 days of the violation.
(c) Enforcement. The Secretary of Labor may investigate the complaint. If the Secretary of Labor finds a violation, they can sue in an appropriate federal district court. That court can stop violations of (a) and order proper relief, including putting the employee back in their old job with back pay.
(d) Notice to Complainant. Within 30 days of receiving a complaint, the Secretary of Labor must tell the person who complained what action will be taken.
A person may not discharge or discriminate against an employee because the employee has reported the existence of an unsafe container* or a violation of this chapter or a regulation prescribed under this chapter.
An employee alleging to have been discharged or discriminated against in violation of subsection (a) may file a complaint with the Secretary of Labor. The complaint must be filed within 60 days after the violation.
The Secretary of Labor may investigate the complaint. If the Secretary of Labor finds there has been a violation, the Secretary of Labor may bring a civil action in an appropriate district court of the United States. The court has jurisdiction to restrain violations of subsection (a) and order appropriate relief, including reinstatement of the employee to the employee’s former position with back pay.
Within 30 days after receiving a complaint under this section, the Secretary of Labor shall notify the complainant of the intended action on the complaint.
Source credit: (Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1697.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1697
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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