• Part Number:
    1988
  • Part Number Title:
    Procedures for Handling Retaliation Complaints Under Section 31307 of the Moving Ahead for Progress in the 21ST Century Act (MAP-21)
  • Subpart:
    1988 Subpart C
  • Subpart Title:
    Miscellaneous Provisions
  • Standard Number:
  • Title:
    District court jurisdiction of retaliation complaints.
  • GPO Source:
1988.114(a)
If the Secretary has not issued a final decision with 210 days of the filing of the complaint, and there is no showing that there has been delay due to the bad faith of the complainant, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States, which will have jurisdiction over such an action without regard to the amount in controversy. At the request of either party, the action shall be tried by the court with a jury.
1988.114(b)
A proceeding under paragraph (a) of this section shall be governed by the same legal burdens of proof specified in § 1988.109.
1988.114(c)
Within seven days after filing a complaint in federal court, a complainant must file with OSHA, the ALJ, or the ARB, depending on where the proceeding is pending, a copy of the file-stamped complaint. A copy of the complaint also must be served on the OSHA official who issued the findings and/or preliminary order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.

[81 FR 13989, March 16, 2016; 81 FR 90198, December 14, 2016]