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U.S. Code as of:
01/19/04
Section 626. Recordkeeping, investigation, and enforcement
(a) Attendance of witnesses; investigations, inspections, records,
and homework regulations
The Equal Employment Opportunity Commission shall have the power
to make investigations and require the keeping of records necessary
or appropriate for the administration of this chapter in accordance
with the powers and procedures provided in sections 209 and 211 of
this title.
(b) Enforcement; prohibition of age discrimination under fair labor
standards; unpaid minimum wages and unpaid overtime compensation;
liquidated damages; judicial relief; conciliation, conference,
and persuasion
The provisions of this chapter shall be enforced in accordance
with the powers, remedies, and procedures provided in sections
211(b), 216 (except for subsection (a) thereof), and 217 of this
title, and subsection (c) of this section. Any act prohibited under
section 623 of this title shall be deemed to be a prohibited act
under section 215 of this title. Amounts owing to a person as a
result of a violation of this chapter shall be deemed to be unpaid
minimum wages or unpaid overtime compensation for purposes of
sections 216 and 217 of this title: Provided, That liquidated
damages shall be payable only in cases of willful violations of
this chapter. In any action brought to enforce this chapter the
court shall have jurisdiction to grant such legal or equitable
relief as may be appropriate to effectuate the purposes of this
chapter, including without limitation judgments compelling
employment, reinstatement or promotion, or enforcing the liability
for amounts deemed to be unpaid minimum wages or unpaid overtime
compensation under this section. Before instituting any action
under this section, the Equal Employment Opportunity Commission
shall attempt to eliminate the discriminatory practice or practices
alleged, and to effect voluntary compliance with the requirements
of this chapter through informal methods of conciliation,
conference, and persuasion.
(c) Civil actions; persons aggrieved; jurisdiction; judicial
relief; termination of individual action upon commencement of
action by Commission; jury trial
(1) Any person aggrieved may bring a civil action in any court of
competent jurisdiction for such legal or equitable relief as will
effectuate the purposes of this chapter: Provided, That the right
of any person to bring such action shall terminate upon the
commencement of an action by the Equal Employment Opportunity
Commission to enforce the right of such employee under this
chapter.
(2) In an action brought under paragraph (1), a person shall be
entitled to a trial by jury of any issue of fact in any such action
for recovery of amounts owing as a result of a violation of this
chapter, regardless of whether equitable relief is sought by any
party in such action.
(d) Filing of charge with Commission; timeliness; conciliation,
conference, and persuasion
No civil action may be commenced by an individual under this
section until 60 days after a charge alleging unlawful
discrimination has been filed with the Equal Employment Opportunity
Commission. Such a charge shall be filed -
(1) within 180 days after the alleged unlawful practice
occurred; or
(2) in a case to which section 633(b) of this title applies,
within 300 days after the alleged unlawful practice occurred, or
within 30 days after receipt by the individual of notice of
termination of proceedings under State law, whichever is earlier.
Upon receiving such a charge, the Commission shall promptly notify
all persons named in such charge as prospective defendants in the
action and shall promptly seek to eliminate any alleged unlawful
practice by informal methods of conciliation, conference, and
persuasion.
(e) Reliance on administrative rulings; notice of dismissal or
termination; civil action after receipt of notice
Section 259 of this title shall apply to actions under this
chapter. If a charge filed with the Commission under this chapter
is dismissed or the proceedings of the Commission are otherwise
terminated by the Commission, the Commission shall notify the
person aggrieved. A civil action may be brought under this section
by a person defined in section 630(a) of this title against the
respondent named in the charge within 90 days after the date of the
receipt of such notice.
(f) Waiver
(1) An individual may not waive any right or claim under this
chapter unless the waiver is knowing and voluntary. Except as
provided in paragraph (2), a waiver may not be considered knowing
and voluntary unless at a minimum -
(A) the waiver is part of an agreement between the individual
and the employer that is written in a manner calculated to be
understood by such individual, or by the average individual
eligible to participate;
(B) the waiver specifically refers to rights or claims arising
under this chapter;
(C) the individual does not waive rights or claims that may
arise after the date the waiver is executed;
(D) the individual waives rights or claims only in exchange for
consideration in addition to anything of value to which the
individual already is entitled;
(E) the individual is advised in writing to consult with an
attorney prior to executing the agreement;
(F)(i) the individual is given a period of at least 21 days
within which to consider the agreement; or
(ii) if a waiver is requested in connection with an exit
incentive or other employment termination program offered to a
group or class of employees, the individual is given a period of
at least 45 days within which to consider the agreement;
(G) the agreement provides that for a period of at least 7 days
following the execution of such agreement, the individual may
revoke the agreement, and the agreement shall not become
effective or enforceable until the revocation period has expired;
(H) if a waiver is requested in connection with an exit
incentive or other employment termination program offered to a
group or class of employees, the employer (at the commencement of
the period specified in subparagraph (F)) informs the individual
in writing in a manner calculated to be understood by the average
individual eligible to participate, as to -
(i) any class, unit, or group of individuals covered by such
program, any eligibility factors for such program, and any time
limits applicable to such program; and
(ii) the job titles and ages of all individuals eligible or
selected for the program, and the ages of all individuals in
the same job classification or organizational unit who are not
eligible or selected for the program.
(2) A waiver in settlement of a charge filed with the Equal
Employment Opportunity Commission, or an action filed in court by
the individual or the individual's representative, alleging age
discrimination of a kind prohibited under section 623 or 633a of
this title may not be considered knowing and voluntary unless at a
minimum -
(A) subparagraphs (A) through (E) of paragraph (1) have been
met; and
(B) the individual is given a reasonable period of time within
which to consider the settlement agreement.
(3) In any dispute that may arise over whether any of the
requirements, conditions, and circumstances set forth in
subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of paragraph
(1), or subparagraph (A) or (B) of paragraph (2), have been met,
the party asserting the validity of a waiver shall have the burden
of proving in a court of competent jurisdiction that a waiver was
knowing and voluntary pursuant to paragraph (1) or (2).
(4) No waiver agreement may affect the Commission's rights and
responsibilities to enforce this chapter. No waiver may be used to
justify interfering with the protected right of an employee to file
a charge or participate in an investigation or proceeding conducted
by the Commission.
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