Regulations (Standards - 29 CFR) - Table of Contents|
| Part Number:||1980|
| Part Title:||Procedures for the Handling of Discrimination Complaints Under Section 806 Of the Corporate and Criminal Fraud Accountability Act of 2002, Title VIII of the Sarbanes-Oxley Act of 2002|
| Subpart Title:||Miscellaneous Provisions|
| Standard Number:||1980.114|
| Title:||District court jurisdiction of retaliation complaints.|
| GPO Source:||e-CFR|
If the Secretary has not issued a final decision within 180 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. A party to an action brought under this paragraph shall be entitled to trial by jury.
A proceeding under paragraph (a) of this section shall be governed by the same legal burdens of proof specified in § 1980.109. An employee prevailing in any action under paragraph (a) of this section shall be entitled to all relief necessary to make the employee whole, including:
Reinstatement with the same seniority status that the employee would have had, but for the retaliation;
The amount of back pay, with interest;
Compensation for any special damages sustained as a result of the retaliation; and
Litigation costs, expert witness fees, and reasonable attorney fees.
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.
[FR 69 52117, August 24, 2004; 76 FR 68097, Nov. 3, 2011; 80 FR 11884-11885, March 5, 2015]
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|Regulations (Standards - 29 CFR) - Table of Contents|