29 U.S.C. § 2005 : US Code - Section 2005: Enforcement provisions

Search 29 U.S.C. § 2005 : US Code - Section 2005: Enforcement provisions

(a) Civil penalties
(1) In general
Subject to paragraph (2), any employer who violates any
provision of this chapter may be assessed a civil penalty of not
more than $10,000.
(2) Determination of amount
In determining the amount of any penalty under paragraph (1),
the Secretary shall take into account the previous record of the
person in terms of compliance with this chapter and the gravity
of the violation.
(3) Collection
Any civil penalty assessed under this subsection shall be
collected in the same manner as is required by subsections (b)
through (e) of section 1853 of this title with respect to civil
penalties assessed under subsection (a) of such section.
(b) Injunctive actions by Secretary
The Secretary may bring an action under this section to restrain
violations of this chapter. The Solicitor of Labor may appear for
and represent the Secretary in any litigation brought under this
chapter. In any action brought under this section, the district
courts of the United States shall have jurisdiction, for cause
shown, to issue temporary or permanent restraining orders and
injunctions to require compliance with this chapter, including such
legal or equitable relief incident thereto as may be appropriate,
including, but not limited to, employment, reinstatement,
promotion, and the payment of lost wages and benefits.
(c) Private civil actions
(1) Liability
An employer who violates this chapter shall be liable to the
employee or prospective employee affected by such violation. Such
employer shall be liable for such legal or equitable relief as
may be appropriate, including, but not limited to, employment,
reinstatement, promotion, and the payment of lost wages and
benefits.
(2) Court
An action to recover the liability prescribed in paragraph (1)
may be maintained against the employer in any Federal or State
court of competent jurisdiction by an employee or prospective
employee for or on behalf of such employee, prospective employee,
and other employees or prospective employees similarly situated.
No such action may be commenced more than 3 years after the date
of the alleged violation.
(3) Costs
The court, in its discretion, may allow the prevailing party
(other than the United States) reasonable costs, including
attorney's fees.
(d) Waiver of rights prohibited
The rights and procedures provided by this chapter may not be
waived by contract or otherwise, unless such waiver is part of a
written settlement agreed to and signed by the parties to the
pending action or complaint under this chapter.