such action is commenced before the date that is 10 years after the right of action accrues. (m) Redress for workers (1) Private right of action and fee shifting A temporary nonagricultural worker may bring a civil action before any district court of the United States, or other court having jurisdiction over the parties, against an employer or recruiter who violates any H–2B regulation, requirement, or other labor or employment law, or who retaliates against a worker who exercises the worker’s rights under this section, without respect to the amount in controversy and without regard to the citizenship of the parties and without regard to exhaustion of any alternative administrative remedies. Any such employer shall be liable for back pay, unpaid wages, and other damages, including general, compensatory, and punitive damages, and reasonable attorneys’ fees. An employer may not require, as a condition of employment, mandatory arbitration of private claims. A waiver of any right created under this law shall be void and unenforceable. (2) Legal services H–2B workers shall be eligible to be represented by the Legal Services Corporation and service providers that are recipients of Legal Services Corporation funds. (3) Appointment of attorney and commencement of action Upon application by a complainant and in such circumstances as the court may determine just, the court may appoint an attorney for such complainant and may authorize the commencement of the action. (n) Injunction authority The Attorney General may, on his or her own or at the request of the Secretary of Labor or the Secretary of Homeland Security, bring a civil action before any district court of the United States to seeking an order of injunction against any employer or recruiter who violates any H–2B regulation, requirement, or other labor or employment law, or who retaliates against a worker who exercises the worker’s rights under this section. (o) Rebuttable presumption There shall be a rebuttable presumption that a worker is the subject of