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Employee Rights
U.S. workers have the right not to have foreign crewmembers on D-visas perform
longshore work during a strike or lockout in the course of a labor dispute. Also, the
The Employment Law Guide is offered as a public resource. It does not create new legal obligations and it
is not a substitute for the U.S. Code, Federal Register, and Code of Federal Regulations as the official sources
of applicable law. Every effort has been made to ensure that the information provided is complete and
accurate as of the time of publication, and this will continue. Later versions of this Guide will be offered at
www.dol.gov/compliance or by calling our Toll-Free Help Line at 1–866– 4–USA–DOL (1–866– 487–2365).
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performance of the longshore work by foreign crewmembers must not be intended
to influence an election of a bargaining representative for workers in the local port.
The employer must provide notice of the filing of an attestation to longshore workers
employed at the local port. Any aggrieved party or organization (including bargaining
representatives in the local port) may file a complaint alleging a misrepresentation
on an attestation or a failure to comply with the terms thereof.
Under the State of Alaska exception, an employer must make a bona fide request
for and employ U.S. workers who are qualified and available in sufficient numbers
to perform the longshore work. Only where sufficient U.S. longshore workers are
unavailable may the employer use alien crewmembers to perform the work.
U.S. workers have a right to protection against discrimination. No employer may
intimidate, threaten, blacklist, discharge, or in any other manner discriminate against
any person for disclosing violations of the regulations or for cooperating in an official
investigation of the employer’s compliance.
Penalties / Sanctions
When violations are found, the Wage and Hour Division may assess a civil money
penalty not to exceed $5,000 per crewmember employed in violation of the D-1 visa
requirement and other appropriate remedies. Any interested party may request a
hearing on the Wage and Hour Administrator’s determination before an Administrative
Law Judge, and any interested party may petition the Secretary of Labor to review
the Administrative Law Judge’s decision.
During an investigation, the Wage and Hour Division may enter a “cease and desist”
order against the employer. When a “cease and desist” order has been entered,
an employer may not use the services of D-visa crewmembers. Vessels owned by
an employer found in violation of this program will not be allowed to enter U.S. ports
and may be precluded from future access to the D-1 program for up to one year.
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