29 U.S.C. § 2617: Enforcement

Summary

When an employer breaks the leave law, the employer must make the affected worker whole. The worker can get back any lost pay, benefits, or other money they lost. If no pay was lost, the worker can recover real costs caused by the violation, up to 12 weeks of pay (or up to 26 weeks for a specific type of leave). The worker also gets interest on those amounts and usually an extra amount equal to the money and interest unless the employer proves it acted in good faith, in which case the court may limit the award to just the money and interest. The court can also order fixes like rehiring, returning the worker to their old job, or giving a promotion. A worker can sue in federal or state court for themselves or for others similarly affected. If they win, the court must order the employer to pay reasonable lawyer fees, expert fees, and other costs. The right to sue stops if the Secretary of Labor files a complaint to recover the same money, unless that complaint is dismissed without prejudice. The Secretary investigates complaints and can bring court cases to get the same payments. Money recovered by the Secretary is kept in a special account and paid to workers; any funds not paid out after 3 years go to the U.S. Treasury. Lawsuits must be started within 2 years of the violation, or within 3 years if the violation was willful. The Solicitor of Labor can represent the Secretary, and for the Government Accountability Office and the Library of Congress their agency heads act instead of the Secretary.

Title 29, §2617

Labor, Source: USLM XML via OLRC

(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)

(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) 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

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 section 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).

(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 (f) Government Accountability Office and Library of Congress

The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a)(1)(A)(i)(II). Pub. L. 110–181 inserted “(or 26 weeks, in a case involving leave under section 2612(a)(3) of this title)” after “12 weeks”. 2004—Subsec. (f). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text. 1995—Subsec. (f). Pub. L. 104–1 added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment 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(f)(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.

Effective Date

Section effective 6 months after Feb. 5, 1993, except that, in the case of collective bargaining agreements in effect on that

Effective Date

, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after Feb. 5, 1993, see section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.

§2617 Enforcement

Summary

Title 29, §2617

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata