§ 2617. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2617]
TITLE 29--LABOR
CHAPTER 28--FAMILY AND MEDICAL LEAVE
SUBCHAPTER I--GENERAL REQUIREMENTS FOR LEAVE
Sec. 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.
(Pub. L. 103-3, title I, Sec. 107, Feb. 5, 1993, 107 Stat. 15; Pub. L.
104-1, title II, Sec. 202(c)(1)(B), Jan. 23, 1995, 109 Stat. 9.)
Amendments
1995--Subsec. (f). Pub. L. 104-1 added subsec. (f).
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-1 effective one year after transmission to
Congress of the study under section 1371 of Title 2, The Congress, see
section 1312(e)(2) of Title 2. The study required under section 1371 of
Title 2, dated Dec. 31, 1996, was transmitted to Congress by the Board
of Directors of the Office of Compliance on Dec. 30, 1996.
Section Referred to in Other Sections
This section is referred to in sections 2616, 2618 of this title;
title 2 section 1312; title 3 section 412.
