Enforcement

(a) Enforcement by Department of Labor (1) Investigation (A) In general To ensure compliance with this title, the Secretary of Labor (referred to in this title as the Secretary)— (i) shall have— (I) the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)); and (II) the subpoena authority provided under section 9 of such Act (29 U.S.C. 209); and (ii) may require, by general or special orders, a covered entity to file with the Secretary, in such form as the Secretary may prescribe, annual or special reports or answers in writing to specific questions (including information and records) as the Secretary may require as to the organization, business, conduct, practices, management, and relation to other corporations, partnerships, and individuals, of the covered entity. (B) Reports and answers A covered entity shall file any reports and answers (including information and records) required under subparagraph (A)(ii) in such manner, including under oath or otherwise, and within such reasonable time period as the Secretary may require. (C) Joint investigations The Secretary may conduct investigations and make requests for information, as authorized under this Act, on a joint basis with another Federal agency, a State attorney general, or a State agency. (D) Obligation to keep, preserve, and make available records A covered entity shall make, keep, preserve, and make available to the Secretary records pertaining to compliance with this title in accordance with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance with any regulation or order issued by the Secretary. (2) Enforcement The Secretary shall receive, investigate, and attempt to resolve complaints of violations of this title in the same manner that the Secretary 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). (3) Civil monetary penalties Subject to subsection (c), the Secretary may impose a civil monetary penalty on any person that violates this title— (A) in an amount of not more than $76,987 per violation; or (B) for repeat violations, in an amount of not more than $769,870 per violation. (4) Administrative complaints An individual adversely affected by an alleged violation of this title may— (A) file a complaint of a violation of this title with the Secretary; and (B) designate a representative of a labor organization, regardless of the relationship between the individual and the labor organization, to— (i) file the complaint on behalf of the individual; or (ii) represent the individual for purposes of engagement with the Secretary regarding such complaint, including being present at worker interviews and participating in workplace inspections, conferences, and settlement negotiations. (5) Litigation The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this subsection. If the Secretary determines that a covered entity has violated this title, the Secretary may file a civil action in any appropriate United States district court to obtain injunctive relief to enforce this title. (6) Burdens of proof All complaints under this subsection shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (b) Private right of action (1) In general Notwithstanding any action by the Secretary under subsection (a), any individual adversely affected by an alleged violation of this title (or a representative on behalf of such individual) may commence a civil action against any covered entity that violates this title in any Federal court of competent jurisdiction. (2) Relief (A) In general In a civil action brought under paragraph (1) in which the individual described in such paragraph prevails, the court may award the individual— (i) damages of— (I) an amount equal to the sum of any actual damages including back pay sustained by the individual; or (II) not more than treble damages; (ii) statutory damages described in subparagraph (B); (iii) injunctive relief; (iv) equitable relief; (v) reasonable attorney fees and litigation costs; and (vi) while the action is pending, temporary relief, including temporary reinstatement. (B) Statutory damages (i) In general The court may, in accordance with clause (ii), award statutory damages under subparagraph (A)(ii) against a covered entity in the following amounts: (I) For each violation of section 201 (regarding adverse employment actions), the court may award damages of an amount (subject to subsection (c)) of not less than $5,000 and not more than $20,000. (II) For each violation of section 202 (regarding whistleblower protections), the court may award damages of an amount (subject to subsection (c)) of not less than $10,000 and not more than $100,000. (ii) Considerations for statutory damages In determining the amount of statutory damages assessed under this subparagraph against a covered entity, the court shall consider any relevant circumstances presented by the parties to the action, including— (I) the nature and seriousness of the violation; (II) the number of violations; (III) the persistence of the misconduct; (IV) the length of time over which the misconduct occurred; (V) the willfulness of the misconduct; and (VI) the assets, liabilities, and net worth of the covered entity. (3) Remedies for State workers (A) Waiver of sovereign immunity A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution of the United States or otherwise, to a suit under this subsection for the relief described in paragraph (2) authorized under this subsection brought by an individual employed under, or otherwise engaged in the performance of work for remuneration under, that program or activity. (B) Official capacity An official of a State may be sued in the official capacity of the official by any individual who has complied with the procedures under this paragraph, for injunctive relief that is authorized under this subsection. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes (42 U.S.C. 1988). (C) Applicability With respect to a particular program or activity, subparagraph (A) applies to conduct that occurs— (i) after the date of enactment of this Act; and (ii) on or after the day on which a State first receives or uses Federal financial assistance for that program or activity. (4) Definition of program or activity In this subsection, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). (c) Inflation adjustment (1) In general Subject to paragraphs (2) and (3), the Secretary, not later than September 1 of each calendar year, shall adjust the dollar amounts referred to in subsections (a)(3) and (b)(2)(B)(i) by the percent increase, if any, in the consumer price index for all urban consumers (United States city average), or a successor index, as determined by the Bureau of Labor Statistics, or a successor agency, for the most recent 12-month period for which data is available. (2) Rounding Any adjustment under paragraph (1) that is not a multiple of $10 shall be rounded to the nearest multiple of $10. (3) Publication The Secretary shall publish the adjusted amounts under paragraph (1) in the Federal Register, and on the official website of the Department of Labor, not later than October 1, of the applicable calendar year for the increase under such paragraph. (4) Effective date Each adjustment under paragraph (1) shall take effect on January 1 of the first calendar year beginning after the date of the increase under such paragraph. (d) Arbitration and class action Notwithstanding any other provision of law, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to any alleged violation of this title.