Partnership Agreement Between The U.S. Department Of Labor, Wage And Hour Division And The New Mexico Office Of The Attorney General Human Trafficking Task Force

Partnership Agreement Between The U.S. Department Of Labor, Wage And Hour Division And The New Mexico Office Of The Attorney General Human Trafficking Task Force (PDF)

This Partnership Agreement ("Agreement") is made and entered into by and between The United States Department of Labor’s Wage and Hour Division (hereinafter referred to as the "WHD") and The New Mexico Office of the Attorney General ("NMOAG") Human Trafficking Task Force (NMHTTF). The WHD and NMHTTF are referred together as the "the Agencies" or "the Parties".

With the specific and mutual goals of providing clear, accurate, and easy-to-access outreach to employers, employees, and other stakeholders, and of sharing resources and enhancing enforcement by conducting coordinated investigations and sharing information consistent with applicable law, the Parties agree to enter into this partnership.

THEREFORE, IT IS MUTUALLY AGREED THAT:

Purpose

The Agencies recognize the value of establishing a collaborative relationship to promote compliance with laws of common concern in the State of New Mexico. The Agencies are forming this partnership to more effectively and efficiently communicate and cooperate on areas of common interest, including sharing training and training materials, providing employers and employees with compliance assistance information, conducting coordinated investigations, and sharing information as appropriate.

Agency Responsibilities

The WHD is responsible for administering and enforcing a wide range of labor laws, including the Fair Labor Standards Act, the Family and Medical Leave Act, the Migrant and Seasonal Agricultural Worker Protection Act, worker protections provided in several temporary visa programs, and the prevailing wage requirements of the Davis-Bacon and Related Acts and the Service Contract Act. DOL enters into this MOU under the authority provided by 29 U.S.C. § 211(b), which authorizes DOL to cooperate with State agencies charged with the administration of State labor laws. Nothing in this agreement limits the WHD’s enforcement of these and other statutes. The WHD Albuquerque District Office has jurisdiction over the State of New Mexico.

The NMOAG received a grant from the Department of Justice, Office of Justice Programs, and Bureau of Justice Assistance Enhanced Collaborative Model to Combat Human Trafficking Program ("Program"), to fund the NMHTTF, a multi-agency endeavor. The purpose of the Program is to support the development and enhancement of multidisciplinary human trafficking task forces that implement collaborative approaches to combat all forms of human trafficking – sex trafficking and labor trafficking – of foreign nationals and U.S. citizens (of all sexes and ages) within the United States. Funding through this Program is used to assist in developing effective and sustainable multidisciplinary task forces that will implement victim-centered and coordinated approaches to identifying victims of all types of human trafficking, addressing the individualized needs of victims through quality services, and investigating and prosecuting human trafficking cases at the local, state, tribal, and federal levels.

Contacts

• The Agencies will designate a contact person responsible for coordinating the partnership activities. The Agencies will notify each other in the event of the separation or long-term absence of their contact persons.
• The Agencies will designate a representative to meet annually (or more frequently as agreed by the Parties), to review areas of mutual concern and the terms and conditions of the partnership.

Enforcement

Where appropriate and to the extent allowable under law,

• The Agencies may conduct joint investigations periodically involving potential violations occurring within the State of New Mexico, if opportunity provides.
• The Agencies may assist each other with enforcement.
• The Agencies may make referrals of potential violations of each other’s statutes.

Effect of Agreement

• This Agreement does not authorize the expenditure or reimbursement of any funds. Nothing in this Agreement obligates the Parties to expend appropriations or enter into any contract or other obligation.
• By entering into this partnership, the Agencies do not imply an endorsement or promotion by either Party of the policies, programs, or services of the other.
• Nothing in this Agreement is intended to diminish or otherwise affect the authority of the Agencies to implement their respective statutory functions.
• This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or be binding upon the Parties. This Agreement is not intended to confer any right upon any private person or other third party.
• Nothing in this Agreement will be interpreted as limiting, superseding, or otherwise affecting the Parties’ normal operations. This Agreement also does not limit or restrict the Parties from participating in similar activities or arrangement with other entities.
• This Agreement will be executed in full compliance with the Privacy Act of 1974, the Freedom of Information Act, the Federal Records Act, and any other applicable federal and New Mexico state laws.

Exchange of Information

• It is the policy of the WHD, NMOAG, and NMHTTF to cooperate with other government agencies to the fullest extent possible under the law, subject to the general limitation that any such cooperation must be consistent with each Agency’s own statutory obligations and enforcement efforts. It is the Agencies’ view that an exchange of information in cases in which both entities are proceeding on basically the same matter is to our mutual benefit. There is a need for the Agencies to provide information to other law enforcement bodies without making a public disclosure.
• Exchange of such information pursuant to this agreement is not a public disclosure under the Freedom of Information Act, 5 U.S.C. 552.
• Confidential information means information that may be exempt from disclosure to the public or other unauthorized persons under state and federal statutes. Confidential information includes: the identities of persons who have given information to the Agencies in confidence or under circumstances in which confidentiality can be implied; any employee statements in the Agencies’ enforcement files that were obtained under these conditions; internal opinions, policy statements, memoranda, and recommendations of federal or state personnel, including (but not limited to) any records that would otherwise not be subject to disclosure under law as non-final, intra- or inter-agency documents; information or records covered by the attorney-client privilege and the attorney work-product privilege; personal information on living persons; individually identifiable health information; and confidential business information and trade secrets.
• When confidential information is exchanged it shall be used and accessed only for the limited purposes of carrying out activities pursuant to this Agreement as described herein. The information shall not be duplicated or redisclosed without the written authority of the Agency providing the information (hereinafter the "Donor Agency") or a court order.
• The Parties will notify on another upon commencement of litigation, a hearing, or other proceeding that may involve the release, through subpoena, introduction of written evidence, or testimony, of information exchanged under this Agreement subject to the limitations in the preceding paragraph.
• For information security purposes, information (including paper-based documents and electronic information such as emails and CDs) exchanged pursuant to this Agreement remains the responsibility of the Donor Agency while in transit. The Agencies agree to establish a communication protocol for notifying each Agency’s designated contact person when information is sent to or received from that Agency, including information on the form of the transfer and the media type and quantity (when appropriate). An Agency expecting to receive information will notify the Donor Agency if the information is not received as of the next business date following the agreed upon delivery date.
• For information security purposes, after an Agency receives information from the Donor Agency, the Donor Agency retains no responsibility for any security incidents, inadvertent disclosure, or the physical and information technology safeguards in place for protecting that information by the Agency that received it.
• However, in the event that the Agency receiving the information experiences a security incident or disaster that results in the suspected or confirmed inadvertent disclosure of the data exchanged pursuant to this Agreement, the Agency experiencing the incident or disaster will send formal written notification to the Donor Agency’s designated contact person within 3 days after detection of the incident or disaster. The written notification will describe the security incident or disaster in detail including what data exchanged pursuant to this Agreement may have been inadvertently disclosed.

Subject to the foregoing constraints:

• The Agencies agree to exchange information on laws and regulations of common concern to the Agencies, to the extent practicable and appropriate.
• Where appropriate, the Agencies will exchange investigative leads, complaints, and referrals of possible violations, to the extent allowable by law and policy.
• The Agencies will exchange information (statistical data) on the incidence of violations in specific industries and geographic areas, if possible.
• Liability of the U.S. Government is governed by the Federal Torts Claims Act.

Exchange of Information

• Disputes arising under this Agreement will be resolved informally by discussions between Agency points of contact, or other officials designated by each Agency.

Period of Agreement

• This Agreement becomes effective upon the signing of both Parties, and will expire 3 years from the effective date. This Agreement may be modified in writing by mutual consent of both Agencies. The Agreement may be terminated by either Party by giving thirty (30) days advance written notice prior to the date of termination. Renewal of the Agreement may be accomplished by written agreement of the Parties.

Provisions related to the confidentiality and handling of information exchanged pursuant to this Agreement shall survive the termination of this Agreement.

This Agreement is effective as of the 11th of December, 2017