Sec. 6. Remedies
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The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of sections 3 and 4 in the same manner that the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of section 18D and 15A(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218d ). An air carrier employer that violates section 3 shall— be considered to be in violation of section 18D of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218d ; 29 U.S.C. 215(a)(3) ); and be subject to the penalties described in sections 16 and 17 of such Act ( 29 U.S.C. 216 ; 217) with respect to such violation.
An air carrier employer that violates section 4 shall— be considered to be in violation of section 15A(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(3) ); and be subject to the penalties described in sections 16 and 17 of such Act ( 29 U.S.C. 216 ; 217) with respect to such violation. An action alleging a violation of sections 3 and 4 of this Act may be maintained against an air carrier employer in any Federal or State court of competent jurisdiction by an employee who is a crewmember or a representative of such employee for and on behalf of the employee, or the employee and others similarly situated, in the same manner, and subject to the same remedies (including attorney’s fees and costs of the action), as an action brought under section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ) by an employee alleging a violation of section 18D or 15A(3) of such Act ( 29 U.S.C. 218d ; 29 U.S.C. 215(a)(3) ).
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