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, either:
Within 90 days after receiving a written determination under § 1984.105(a) provided that there has been no final decision of the Secretary; or
If there has been no final decision of the Secretary within 210 days of the filing of the complaint.
At the request of either party, the action shall be tried by the court with a jury.
A proceeding under paragraph (a) of this section shall be governed by the same legal burdens of proof specified in section 1984.109. The court shall have jurisdiction to grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages, including:
Reinstatement with the same seniority status that the employee would have had, but for the discharge or discrimination;
The amount of back pay, with interest; and
Compensation for any special damages sustained as a result of the discharge or discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.
Within seven days after filing a complaint in federal court, a complainant must file with the Assistant Secretary, 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.
[78 FR 13236, February 27, 2013]