protection and compliance (a) Equality of treatment H–2A workers shall not be denied any right or remedy under any Federal, State, or local labor or employment law applicable to United States workers engaged in agricultural employment. (b) Applicability of other laws (1) Migrant and seasonal agricultural worker protection act H–2A workers shall be considered migrant agricultural workers for purposes of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ). (2) Waiver of rights prohibited Agreements by H–2A workers to waive or modify any rights or protections under this Act or section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ) shall be considered void or contrary to public policy except as provided in a collective bargaining agreement with a bona fide labor organization. (3) Mediation (A) Free mediation services The Federal Mediation and Conciliation Service shall be available to assist in resolving disputes arising under this section between H–2A workers and agricultural employers without charge to the parties. (B) Complaint If an H–2A worker files a civil lawsuit alleging one or more violations of section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ), the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), or the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ), not later than 60 days after the filing of proof of service of the complaint, a party to the lawsuit may file a request with the Federal Mediation and Conciliation Service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute. (C) Notice Upon filing a request under subparagraph (B) and giving of notice to the parties, the parties shall attempt mediation within the period specified in subparagraph (D), except that nothing in this paragraph shall limit the ability of a court to order preliminary injunctive relief to protect health and safety or to otherwise prevent irreparable harm. (D) 90-day