29 USC 2617 - Enforcement

U.S Code last checked for updates: Apr 29, 2024

§ 2617.

Enforcement

(a)

Civil action by employees

(1)

Liability

Any employer who violates section 2615 of this title shall be liable to any eligible employee affected—

(A)

for damages equal to—

(i)

the amount of—

(I)

any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or

(II)

in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks (or 26 weeks, in a case involving leave under section 2612(a)(3) of this title) of wages or salary for the employee;

(ii)

the interest on the amount described in clause (i) calculated at the prevailing rate; and

(iii)

an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), except that if an employer who has violated section 2615 of this title proves to the satisfaction of the court that the act or omission which violated section 2615 of this title was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 2615 of this title, such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and

(B)

for such equitable relief as may be appropriate, including employment, reinstatement, and promotion.

(2)

Right of action

An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of—

(A)

the employees; or

(B)

the employees and other employees similarly situated.

(3)

Fees and costs

(4)

Limitations

The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate—

(A)

on the filing of a complaint by the Secretary in an action under subsection (d) in which restraint is sought of any further delay in the payment of the amount described in paragraph (1)(A) to such employee by an employer responsible under paragraph (1) for the payment; or

(B)

on the filing of a complaint by the Secretary in an action under subsection (b) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an eligible employee by an employer liable under paragraph (1),

unless the action described in subparagraph (A) or (B) is dismissed without prejudice on motion of the Secretary.

(b)

Action by Secretary

(1)

Administrative action

(2)

Civil action

(3)

Sums recovered

(c)

Limitation

(1)

In general

(2)

Willful violation

(3)

Commencement

(d)

Action for injunction by Secretary

The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary—

(1)

to restrain violations of section 2615 of this title, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to eligible employees; or

(2)

to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion.

(e)

Solicitor of Labor

(f)

Government Accountability Office and Library of Congress

(Pub. L. 103–3, title I, § 107, Feb. 5, 1993, 107 Stat. 15; Pub. L. 104–1, title II, § 202(c)(1)(B), Jan. 23, 1995, 109 Stat. 9; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–181, div. A, title V, § 585(a)(3)(G), Jan. 28, 2008, 122 Stat. 131.)

cite as: 29 USC 2617