29 U.S.C. § 2005 — Enforcement provisions

Page 763 TITLE 29—LABOR § 2006 (b) Subpoena authority For the purpose of any hearing or investiga- tion under this chapter, the Secretary shall have the authority contained in sections 49 and 50 of title 15. (Pub. L. 100–347, § 5, June 27, 1988, 102 Stat. 647.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title. § 2005. Enforcement provisions (a) Civil penalties (1) In general Subject to paragraph (2), any employer who violates any provision of this chapter may be assessed a civil penalty of not more than $10,000. (2) Determination of amount In determining the amount of any penalty under paragraph (1), the Secretary shall take into account the previous record of the person in terms of compliance with this chapter and the gravity of the violation. (3) Collection Any civil penalty assessed under this sub- section shall be collected in the same manner as is required by subsections (b) through (e) of section 1853 of this title with respect to civil penalties assessed under subsection (a) of such section. (b) Injunctive actions by Secretary The Secretary may bring an action under this section to restrain violations of this chapter. The Solicitor of Labor may appear for and rep- resent the Secretary in any litigation brought under this chapter. In any action brought under this section, the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining or- ders and injunctions to require compliance with this chapter, including such legal or equitable relief incident thereto as may be appropriate, including, but not limited to, employment, rein- statement, promotion, and the payment of lost wages and benefits. (c) Private civil actions (1) Liability An employer who violates this chapter shall be liable to the employee or prospective em- ployee affected by such violation. Such em- ployer shall be liable for such legal or equi- table relief as may be appropriate, including, but not limited to, employment, reinstate- ment, promotion, and the payment of lost wages and benefits. (2) Court An action to recover the liability prescribed in paragraph (1) may be maintained against the employer in any Federal or State court of competent jurisdiction by an employee or pro- spective employee for or on behalf of such em- ployee, prospective employee, and other em- ployees or prospective employees similarly situated. No such action may be commenced more than 3 years after the date of the alleged violation. (3) Costs The court, in its discretion, may allow the prevailing party (other than the United States) reasonable costs, including attorney’s fees. (d) Waiver of rights prohibited The rights and procedures provided by this chapter may not be waived by contract or other- wise, unless such waiver is part of a written set- tlement agreed to and signed by the parties to the pending action or complaint under this chapter. (Pub. L. 100–347, § 6, June 27, 1988, 102 Stat. 647.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title. § 2006. Exemptions (a) No application to governmental employers This chapter shall not apply with respect to the United States Government, any State or local government, or any political subdivision of a State or local government. (b) National defense and security exemption (1) National defense Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any coun- terintelligence function, of any lie detector test to— (A) any expert or consultant under con- tract to the Department of Defense or any employee of any contractor of such Depart- ment; or (B) any expert or consultant under con- tract with the Department of Energy in con- nection with the atomic energy defense ac- tivities of such Department or any employee of any contractor of such Department in connection with such activities. (2) Security Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any intel- ligence or counterintelligence function, of any lie detector test to— (A)(i) any individual employed by, as- signed to, or detailed to, the National Secu- rity Agency, the Defense Intelligence Agen- cy, the National Geospatial-Intelligence Agency, or the Central Intelligence Agency, (ii) any expert or consultant under con- tract to any such agency, (iii) any employee of a contractor to any such agency,