Remedies and enforcement

(a) Investigative authority (1) In general To ensure compliance with this title, including any regulation or order issued under this title, the Secretary shall have, subject to paragraph (3), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). (2) Obligation to keep and preserve records (A) In general Each employer shall maintain for a period of not less than 3 years, or for the duration of any claim (including the duration of a related civil action or investigation) pending pursuant to this title, whichever is longer, all records necessary to demonstrate compliance with this title, including compliance with the requirements of regulations issued by the Secretary under section 206. Such records shall include documentation of offers of hours of work to employees and responses to such offers. (B) Copies Each employer shall, upon a reasonable request of an employee of the employer, provide the employee with a copy of the records described in subparagraph (A) relating to the employee. (3) Required submissions generally limited to an annual basis The Secretary shall not require, under the authority of this subsection, any employer 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 title, including any regulation or order issued pursuant to this title, or is investigating a charge pursuant to subsection (c). (4) Subpoena powers For the purposes of any investigation provided for in this subsection, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209). (b) Civil action by employees (1) Liability (A) In general Any employer who violates section 202, 203, or 204 (each such provision referred to in this section as a covered provision) shall be liable to any person affected for— (i) damages equal to the amount of— (I) any wages, salary, employment benefits (as defined in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611)), or other compensation denied, lost, or owed to such employee by reason of the violation; or (II) in a case in which wages, salary, employment benefits (as so defined), or other compensation have not been denied, lost, or owed to the employee, any actual monetary losses sustained by the employee as a direct result of the violation; (ii) interest on the amount described in clause (i) calculated at the prevailing rate; (iii) except as provided in subparagraph (B), an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (iv) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Exception for liquidated damages If an employer who has violated a covered provision proves to the satisfaction of the court that the act or omission which violated the covered provision was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of a covered provision, such court may, in the discretion of the court, reduce the amount of liability under subparagraph (A) to the amount, interest, and equitable relief determined under clauses (i), (ii), and (iv), respectively. (2) Right of Action An action to recover the damages, interest, or equitable relief set forth in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of— (A) such employees; or (B) such employees and any other employees similarly situated. (3) Fees and Costs 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. (4) Limitations The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate on the filing of a complaint by the Secretary in an action under subsection (c)(4) in which a recovery is sought of the damages, interest, or equitable relief described in paragraph (1)(A) owing to an employee by an employer liable under paragraph (1) unless the action is dismissed without prejudice on motion of the Secretary. (c) Actions by the Secretary (1) Administrative Action 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), and may issue an order making determinations, and assessing a civil penalty described in paragraph (3) (in accordance with such paragraph), with respect to such an alleged violation. (2) Administrative Review An affected person who takes exception to an order issued under paragraph (1) may request review of and a decision regarding such an 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. (3) Civil penalty (A) In general An employer who willfully and repeatedly violates— (i) section 204(a) shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to be less than $500, or more than $1,000, per violation (subject to subparagraph (B)); or (ii) subsection (b) or (c) of section 204 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to be less than $1,100, or more than $5,000, per violation (subject to subparagraph (B)). (B) Inflation The Secretary shall, for each year beginning with calendar year 2024, increase the minimum and maximum amounts for the penalties described in clauses (i) and (ii) of subparagraph (A) by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, published by the Department of Labor, between December 2023 and the December prior to the year for which the increase takes effect. (C) Willful violation For purposes of this section, an employer willfully violates a provision of section 204 when, after taking into account all of the facts and circumstances surrounding the violation, it is determined that the employer— (i) knew that its conduct was prohibited by such section; or (ii) showed reckless disregard for the requirements of such section. (4) Civil action (A) In general The Secretary may bring an action in any court of competent jurisdiction on behalf of aggrieved employees to— (i) restrain violations of this title; (ii) obtain such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and (iii) in the case of a violation of a covered provision, recover the damages, interest, and equitable relief described in clauses (i) through (iv) of subsection (b)(1)(A). (B) Recovery on behalf of employees Any sums recovered by the Secretary under subparagraph (A) on behalf of an employee shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to the employee affected. Any such sums not paid to an employee because of inability to do so within a period of 3 years shall be deposited in the Treasury and credited to miscellaneous receipts. (d) Limitation (1) In general Except as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (2) Willful violation In the case of such action brought for a willful violation of section 204 (as described in subsection (c)(3)), such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (3) Commencement In determining when an action is commenced by the Secretary or by an employee under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. (e) Definition For purposes of subsections (a) through (d)— (1) the term employee means an employee described in subparagraph (A) or (B) of section 201(2); and (2) the term employer means an employer described in subparagraph (A) or (B) of section 201(3). (f) Other Administrative Officers (1) Employees covered by Congressional Accountability Act of 1995 The powers 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 and procedures this title provides to that Board, or any person, alleging a violation of this title against an employee described in section 201(2)(C). (2) Employees covered by chapter 5 of title 3, United States Code The powers 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 and procedures this title provides to the President, that Board, or any person, respectively, alleging a violation of this title against an employee described in section 201(2)(D). (3) Employees covered by chapter 63 of title 5, United States Code The powers 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 and procedures this title provides to that agency, that Board, or any person, respectively, alleging a violation of this title against an employee described in section 201(2)(E). (4) Comptroller General In the case of employees of the Government Accountability Office, the authority of the Secretary under this title shall be exercised by the Comptroller General of the United States.