---
kind: "section"
citation: "29 C.F.R. § 501.16"
title: "29"
number: "501.16"
heading: "Sanctions and remedies—general."
url: "https://uscodex.org/cfr/29/501.16"
---

# §501.16. Sanctions and remedies—general.


Whenever the WHD Administrator believes that 8 U.S.C. [1188](/usc/8/1188.md), [20](/usc/8/20.md) CFR [part 655](/cfr/29/part655.md), [subpart B](/cfr/29/subpartB.md), or this part have been violated, such action shall be taken and such proceedings instituted as deemed appropriate, including, but not limited to, the following:

- (a)
  - (1) **Institute appropriate administrative proceedings, including—** the recovery of unpaid wages (including recovery of recruitment fees paid in the absence of required contract clauses (see [20 CFR 655.135(k)](/cfr/20/655.135.md?p=k)); the enforcement of provisions of the work contract, 8 U.S.C. [1188](/usc/8/1188.md), [20](/usc/8/20.md) CFR [part 655](/cfr/29/part655.md), [subpart B](/cfr/29/subpartB.md), or this part; the assessment of a civil money penalty; make whole relief for any person who has been discriminated against; reinstatement and make whole relief for any U.S. worker who has been improperly rejected for employment, or improperly laid off or displaced; or debarment for up to 3 years.
  - (2) The remedies referenced in [paragraph (a)(1)](#a-1) of this section will be sought either directly from the employer, agent, or attorney, or from its successor in interest, as appropriate. In the case of an H-2ALC, the remedies will be sought from the H-2ALC directly and/or monetary relief (other than civil money penalties) from the insurer who issued the surety bond to the H-2ALC, as required by [20 CFR part 655](/cfr/20/part655.md), [subpart B](/cfr/29/subpartB.md), and [§ 501.9](/cfr/29/501.9.md).
- (b) Petition any appropriate District Court of the United States for temporary or permanent injunctive relief, including to prohibit the withholding of unpaid wages and/or for reinstatement, or to restrain violation of 8 U.S.C. [1188](/usc/8/1188.md), [20](/usc/8/20.md) CFR [part 655](/cfr/29/part655.md), [subpart B](/cfr/29/subpartB.md), or this part, by any person.
- (c) Petition any appropriate District Court of the United States for an order directing specific performance of covered contractual obligations.

## Notes

### Authority

Authority: 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; 28 U.S.C. 2461 note; and sec. 701, Pub. L. 114-74, 129 Stat. 584.

### Source

Source: 87 FR 61822, Oct. 12, 2022, unless otherwise noted.