Sec. 118. Enforcement authority
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In this subsection— the term domestic worker means a domestic worker described in subsection (e)(1)(A); and the term domestic work hiring entity means a domestic work hiring entity described in subsection (e)(2)(A). To ensure compliance with the provisions of this subtitle, or any regulation or order issued under this subtitle, the Secretary shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to hiring entities, domestic workers, and other individuals affected.
A domestic work hiring entity shall make, keep, and preserve records pertaining to compliance with this subtitle in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary. The Secretary shall not require under this paragraph a domestic work hiring entity to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary— has reasonable cause to believe there may exist a violation of this subtitle, including any regulation or order issued under this subtitle; or is investigating a charge under paragraph (4).
For the purposes of any investigation under this paragraph, the Secretary shall have the subpoena authority provided under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). An action to recover the damages or equitable relief prescribed in subparagraph
(B)may be maintained against a domestic work hiring entity by one or more domestic workers, or a representative for and on behalf of the domestic workers and any other domestic workers that may be similarly situated. A domestic work hiring entity that violates this subtitle shall be liable to a domestic worker aggrieved by the violation, except as provided in subparagraphs
(C)and
(D)for— damages equal to— the amount of— any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained, or the costs reasonably related to damage to or loss of property, or any other injury to the person, reputation, character, or feelings, sustained by a domestic worker as a direct result of the violation, or any injury to another person sustained as a direct result of the violation, by the domestic work hiring entity; the interest on the amount described in subclause
(I)calculated at the prevailing rate; an additional amount as liquidated damages; and such other legal relief as may be appropriate; such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action. In the case of a violation of section 115, the domestic work hiring entity involved shall be liable under subparagraph (B)— for the amount of damages described in subclauses (I), (II), and
(III)of subparagraph (B)(i); and under subparagraph (B)(i)(IV), for each such violation, for an amount equal to 1 hour of pay at the domestic worker’s regular rate of compensation (but not more than 2 hours of such pay for each workday for which the domestic work hiring entity is in violation of such section). In the case of a violation of section 110, the domestic work hiring entity involved shall be liable, under subparagraph (B)(i)(I), for an amount equal to $5,000. An action under this paragraph may be maintained in any Federal or State court of competent jurisdiction. Subject to clause (ii), and subparagraphs
(C)and
(D)of paragraph (3), the Secretary shall receive, investigate, and attempt to resolve complaints of violations of this subtitle in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6, 7, and 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 , 207, and 215(a)(3)), including the Secretary’s authority to supervise payment of wages and compensation under section 16(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(c) ). The Secretary may assess a civil penalty against a domestic work hiring entity that violates any section of this subtitle— of not more than $15,000 for any first violation of any such section by such domestic work hiring entity; and of not more than $25,000 for any subsequent violation of any such section by such domestic work hiring entity. Any aggrieved dislocated worker who takes exception to an order issued by the Secretary under subparagraph
(A)may request review of and a decision regarding such order by an administrative law judge. In reviewing the order, the administrative law judge may hold an administrative hearing concerning the order, in accordance with the requirements of sections 554, 556, and 557 of title 5, United States Code. Such hearing shall be conducted expeditiously. If no aggrieved dislocated worker requests such review within 60 days after the order is issued under subparagraph (A), the order shall be considered to be a final order that is not subject to judicial review. The Secretary may bring an action in any court of competent jurisdiction to recover amounts described in paragraph (3)(B) on behalf of a domestic worker aggrieved by a violation of this subtitle. Any sums recovered by the Secretary under subparagraph
(C)shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each domestic worker aggrieved by the violation for which the action was brought. Any such sums not paid to a domestic worker because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as a miscellaneous receipt. Any sums recovered by the Secretary under subparagraph (A)(ii) shall be deposited into the general fund of the Treasury of the United States as a miscellaneous receipt. Except as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or
(6)not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. In the case of an action brought for a willful violation of this subtitle, such action may be brought not later than 3 years after the date of the last event constituting the alleged violation for which such action is brought. An action shall be considered commenced under paragraph (3), (4), or
(6)for the purposes of this paragraph on the date on which the complaint is filed under such paragraph (3), (4), or (6). The district courts of the United States together with the District Court of the Virgin Islands and the District Court of Guam shall have jurisdiction, for cause shown, in an action brought by a domestic worker or the Secretary— to restrain violations of this subtitle, including the withholding of a written agreement from a domestic worker as required under section 110, or of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to a domestic worker under this subtitle; or to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion, for a violation of this subtitle. The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph
(4)or (6). Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 202(a)(1) of that Act ( 2 U.S.C. 1312(a)(1) ) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection (e)(1)(B). 5 of title 3 , United States Code The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection (e)(1)(C). 63 of title 5, United States Code The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against a domestic worker described in subsection (e)(1)(D). In section 117 and this section, except as otherwise provided in this subsection: Notwithstanding section 3, the term domestic worker means a domestic worker— as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(A); as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(B); as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(C); and as defined in section 3(b)(6) except that a reference in that section to an individual or employee shall be considered to be a reference to an individual compensated for services provided to an entity described in paragraph (2)(D). Notwithstanding section 3, the term domestic work hiring entity means a domestic work hiring entity— as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in clause
(i)or
(ii)of subparagraph (A), and subparagraph (B), of paragraph (3); as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs (A)(iii) and
(B)of paragraph (3); as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs (A)(iv) and
(B)of paragraph (3); and as defined in section 3(b)(7) except that a reference in that section to a person or employer shall be considered to be a reference to an employer described in subparagraphs (A)(v) and
(B)of paragraph (3)(A). Notwithstanding section 3, for purposes of paragraph (2), the term employer means a person who is— an employer, as defined in section 3(a), who is not covered under another clause of this subparagraph; an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; an employing office, as defined in section 411(c) of title 3, United States Code; or an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and an enterprise engaged in commerce or in the production of goods for commerce. Notwithstanding section 3, the term employment includes service as a domestic worker.
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