Remedies and enforcement

(a) Investigative authority (1) In general To ensure compliance with this Act, or any regulation or order issued under this Act, 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 Each employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with regulations issued by the Secretary under section 9. (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 Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to subsection (c). (4) Subpoena powers For the purposes of any investigation provided for in this section, 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 subsection (a) of section 6 (with respect to a right provided under section 3 or 5 or subsection (a), (b), or (c) of section 4) or subsection (b) or (c) of such section (each such provision referred to in this section as a covered provision) shall be liable to any employee 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 described 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, waive such liquidated damages. (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) the employees; or (B) the 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 described 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 Act 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 paragraph (3)), 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. If no affected person requests such review within 60 days after the order is issued under paragraph (1), the order shall be considered to be a final order that is not subject to judicial review. (3) Civil penalty (A) In general An employer who willfully and repeatedly violates— (i) section 4 or 5 shall be subject to a civil penalty in an amount per violation that is not less than $500 and not more than $1,000; or (ii) subsection (b) or (c) of section 6 shall be subject to a civil penalty in an amount per violation that is not less than $1,100 and not more than $5,000. (B) Willfully and repeatedly For purposes of subparagraph (A): (i) Repeatedly The term repeatedly, with respect to a violation, means 2 or more such violations. (ii) Willfully The term willfully, with respect to a violation, means such a violation for which, based on all of the facts and circumstances surrounding the violation, an employer— (I) knew that its conduct was prohibited by, as applicable, section 4 or 5 or subsection (b) or (c) of section 6; or (II) showed reckless disregard for the requirements of, as applicable, section 4 or 5 or subsection (b) or (c) of section 6. (4) Civil action The Secretary may bring an action in any court of competent jurisdiction on behalf of aggrieved employees to— (A) restrain violations of this Act; (B) award such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and (C) in the case of a violation of a covered provision, recover the damages and interest described in clauses (i) through (iii) of subsection (b)(1)(A). (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 6, 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) Other administrative officers (1) Board In the case of employees described in section 2(10)(C), the authority of the Secretary under this Act shall be exercised by the Board of Directors of the Office of Congressional Workplace Rights. (2) President; merit systems protection board In the case of employees described in section 2(10)(D), the authority of the Secretary under this Act shall be exercised by the President and the Merit Systems Protection Board. (3) Office of personnel management In the case of employees described in section 2(10)(E), the authority of the Secretary under this Act shall be exercised by the Office of Personnel Management. (4) Librarian of Congress In the case of employees of the Library of Congress, the authority of the Secretary under this Act shall be exercised by the Librarian of Congress. (5) Comptroller General In the case of employees of the Government Accountability Office, the authority of the Secretary under this Act shall be exercised by the Comptroller General of the United States.