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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 825  

The Family and Medical Leave Act of 1993

 

 

 

Subpart D  

What Enforcement Mechanisms Does FMLA Provide?


29 CFR 825.403 - How may an employer appeal the assessment of a penalty for willful violation of the posting requirement?

  • Section Number: 825.403
  • Section Name: How may an employer appeal the assessment of a penalty for willful violation of the posting requirement?

    (a) An employer may obtain a review of the assessment of penalty 
from the Wage and Hour Regional Administrator for the region in which 
the alleged violation(s) occurred. If the employer does not seek such a 
review or fails to do so in a timely manner, the notice of the penalty 
constitutes the final ruling of the Secretary of Labor.
    (b) To obtain review, an employer may file a petition with the Wage 
and Hour Regional Administrator for the region in which the alleged 
violations occurred. No particular form of petition for review is 
required, except that the petition must be in writing, should contain 
the legal and factual bases for the petition, and must be mailed to the 
Regional Administrator within 15 days of receipt of the notice of 
penalty. The employer may request an oral hearing which may be conducted 
by telephone.
    (c) The decision of the Regional Administrator constitutes the final 
order of the Secretary.
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