
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
