29 U.S.C. § 2617 — Enforcement

(a) Civil action by employees. (1) Liability. An employer^* that violates section 2615 may be liable to each affected eligible employee^* for: (A) damages equal to: (i) the amount of (I) wages, salary, employment benefits^*, or other compensation that the violation denied or caused the employee^* to lose; or (II) if the employee did not lose wages, salary, benefits, or other compensation, the employee’s actual money losses directly caused by the violation, such as care costs, up to 12 weeks of the employee’s wages or salary (or 26 weeks when the leave is under section 2612(a)(3)); (ii) interest on that amount at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the amount in clause (i) plus the interest in clause (ii). However, if the employer proves to the court that it acted or failed to act in good faith and had reasonable grounds to believe it was not violating section 2615, the court may reduce the liability to the amounts in clauses (i) and (ii). (B) The employee may also receive appropriate equitable relief, including employment, reinstatement, or promotion. (2) Right of action. One or more employees may sue any employer, including a public agency, in a competent Federal or State^* court to recover these damages or relief, for themselves or for themselves and other similarly situated employees. (3) Fees and costs. In addition to any judgment for the plaintiff, the court must require the defendant to pay reasonable attorney fees, reasonable expert-witness fees, and other action costs. (4) Limitations. An employee’s right to bring an action under paragraph (2) ends when: (A) the Secretary^* files a subsection (d) action seeking to stop an employer responsible under paragraph (1) from further delaying payment of the amount in paragraph (1)(A) to that employee; or (B) the Secretary files a subsection (b) action seeking to recover paragraph (1)(A) damages owed to an eligible employee by an employer liable under paragraph (1). This ending does not apply if the Secretary’s action is dismissed without prejudice on the Secretary’s motion. (b) Action by Secretary. (1) Administrative action. The Secretary must receive, investigate, and try to resolve complaints of section 2615 violations in the same way the Secretary handles complaints under sections 206 and 207. (2) Civil action. The Secretary may sue in a competent court to recover the damages described in subsection (a)(1)(A). (3) Sums recovered. Money recovered by the Secretary must be kept in a special deposit account and, on the Secretary’s order, paid directly to each affected employee. Money that cannot be paid to an employee within 3 years must be deposited in the Treasury as miscellaneous receipts. (c) Limitation. (1) Generally, an action must be brought within 2 years after the last event making up the alleged violation. (2) Willful violation. For a willful violation of section 2615, an action may be brought within 3 years after that last event. (3) Commencement. For this subsection, a Secretary action begins when the complaint is filed. (d) Action for injunction by Secretary. For cause shown, a United States district court has jurisdiction in a Secretary action: (1) to stop section 2615 violations, including withholding wages, salary, benefits, or other compensation plus interest that the court finds due to eligible employees; or (2) to award other appropriate equitable relief, including employment, reinstatement, or promotion. (e) Solicitor of Labor. The Solicitor of Labor may appear for and represent the Secretary in litigation under this section. (f) Government Accountability Office and Library of Congress. For the Government Accountability Office and the Library of Congress, the Secretary of Labor’s authority under this subchapter is exercised by the Comptroller General and the Librarian of Congress, respectively.