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U.S. Code as of:
01/19/04
Section 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 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
The court in such an action shall, in addition to any judgment
awarded to the plaintiff, allow a reasonable attorney's fee,
reasonable expert witness fees, and other costs of the action to
be paid by the defendant.
(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) of this section 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) of this section 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
The Secretary shall receive, investigate, and attempt to
resolve complaints of violations of section 2615 of this title in
the same manner that the Secretary receives, investigates, and
attempts to resolve complaints of violations of sections 206 and
207 of this title.
(2) Civil action
The Secretary may bring an action in any court of competent
jurisdiction to recover the damages described in subsection
(a)(1)(A) of this section.
(3) Sums recovered
Any sums recovered by the Secretary pursuant to paragraph (2)
shall be held in a special deposit account and shall be paid, on
order of the Secretary, directly to each employee affected. Any
such sums not paid to an employee because of inability to do so
within a period of 3 years shall be deposited into the Treasury
of the United States as miscellaneous receipts.
(c) Limitation
(1) In general
Except as provided in paragraph (2), an action may be brought
under this section not later than 2 years after the date of the
last event constituting the alleged violation for which the
action is brought.
(2) Willful violation
In the case of such action brought for a willful violation of
section 2615 of this title, such action may be brought within 3
years of the date of the last event constituting the alleged
violation for which such action is brought.
(3) Commencement
In determining when an action is commenced by the Secretary
under this section for the purposes of this subsection, it shall
be considered to be commenced on the date when the complaint is
filed.
(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
The Solicitor of Labor may appear for and represent the Secretary
on any litigation brought under this section.
(f) General Accounting Office and Library of Congress
In the case of the General Accounting Office and the Library of
Congress, the authority of the Secretary of Labor under this
subchapter shall be exercised respectively by the Comptroller
General of the United States and the Librarian of Congress.
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