Sec. 203. Enforcement
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Any employer that violates section 201 or 202 shall be liable to any individual affected— for damages equal to— the greater of, $1,000 or the amount of— any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or in a case in which wages, salary, employment benefits, or other compensation has not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation; the interest on the amount described in clause
(i)calculated at the prevailing rate; and 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 that has violated section 201 or 202 proves to the satisfaction of the court that the act or omission that violated section 201 or 202 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 201 or 202, 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 for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. An action to recover the damages or equitable relief prescribed in paragraph
(1)may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more affected individuals for and on behalf of— the individuals; or the individuals and other individuals similarly situated. 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. The right provided by paragraph
(2)to bring an action by or on behalf of any affected individual shall terminate— on the filing of a complaint by the Secretary of Labor in an action under subsection
(b)in which restraint is sought of any further delay in the payment of the amount described in paragraph (1)(A) to such individual by an employer responsible under paragraph
(1)for the payment; or on the filing of a complaint by the Secretary of Labor in an action under subsection
(b)in which a recovery is sought of the damages described in paragraph (1)(A) owing to an affected individual 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 of Labor. The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of section 201 and 202 in the same manner as the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). The Secretary of Labor may bring an action in any court of competent jurisdiction to recover the damages described in subsection (a)(1)(A). Any sums recovered by the Secretary of Labor pursuant to paragraph
(2)shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each individual affected. Any such sums not paid to such an individual 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. In addition to the penalties payable to an affected individual under this subsection, any employer that violates section 201 or 202 shall be subject to a penalty payable to the Secretary of Labor of $1,000 per violation for each individual affected. Except as provided in paragraph (2), an action may be brought under this subsection 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 such action brought for a willful violation of section 202, such action may be brought within 3 years after the date of the last event constituting the alleged violation for which such action is brought. In determining when an action is commenced by the Secretary of Labor under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary of Labor— to restrain violations of section 201 or 202, 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 affected individuals; or to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. The Solicitor of Labor may appear for and represent the Secretary of Labor on any litigation brought under this section. Nothing in this section shall be construed to limit the liability of an employer to an individual, for harm suffered relating to the individual’s experience of a qualifying act of violence, pursuant to any other Federal or State law, including a law providing for a legal remedy. In the case of a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), other than an applicant for employment, the authority of the Secretary of Labor under this title shall be exercised by the Board of Directors of the Office of Congressional Workplace Rights. In the case of a covered employee, as defined in section 411(c) of title 3, United States Code, the authority of the Secretary of Labor under this title shall be exercised by the President and the Merit Systems Protection Board. In the case of a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code, the authority of the Secretary of Labor under this title shall be exercised by the Office of Personnel Management. In the case of employees of the Library of Congress, the authority of the Secretary of Labor under this title shall be exercised by the Librarian of Congress. In the case of employees of the Government Accountability Office, the authority of the Secretary of Labor under this title shall be exercised by the Comptroller General of the United States.
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