Any employer who violates sectionof this title shall be liable to any eligible employee affected-
An action to recover the damages or equitable relief prescribed 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 in behalf of-
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 employee shall terminate-
unless the action described in subparagraph (A) or (B) is dismissed without prejudice on motion of the Secretary.
The Secretary shall receive, investigate, and attempt to resolve complaints of violations of sectionof this title in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections and of this title.
The Secretary 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 pursuant to paragraph (2) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each 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 into the Treasury of the United States as miscellaneous receipts.
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.
In the case of such action brought for a willful violation of sectionof this title, 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.
In determining when an action is commenced by the Secretary 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-
The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this section.
In the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subchapter shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress.
29 U.S.C. § 2617
AMENDMENTS2008-Subsec. (a)(1)(A)(i)(II). Pub. L. 110-181 inserted "(or 26 weeks, in a case involving leave under sectionof this title)" after "12 weeks". 2004-Subsec. (f). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office" in heading and text.1995-Subsec. (f). Pub. L. 104-1 added subsec. (f).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-1 effective one year after transmission to Congress of the study under sectionof Title 2, The Congress, see section of Title 2. The study required under section of Title 2, dated Dec. 31, 1996, was transmitted to Congress by the Board of Directors of the Office of Compliance on Dec. 30, 1996.
EFFECTIVE DATESection effective 6 months after Feb. 5, 1993, except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after Feb. 5, 1993, see section 405(b) of Pub. L. 103-3 set out as a note under sectionof this title.