(a) Whenever the Secretary believes that the provisions of the Act
or these regulations have been violated, such action shall be taken and
such proceedings instituted as deemed appropriate, including the
following:
(1) Petitioning any appropriate District Court of the United States
for temporary or permanent injunctive relief to restrain violation of
the provisions of the Act or this part by any person, and to require
compliance with the Act and this part, including such legal or equitable
relief incident thereto as may be appropriate, including, but not
limited to, employment, reinstatement, promotion, and the payment of
lost wages and benefits;
(2) Assessing a civil penalty against any employer who violates any
provision of the Act or this part in an amount of not more than $10,000
for each violation, in accordance with regulations set forth in this
part; or
(3) Referring any unpaid civil money penalty which has become a
final and unappealable order of the Secretary or a final judgment of a
court in favor of the Secretary to the Attorney General for recovery.
(b)(1) Any employer who violates this Act shall be liable to the
employee or prospective employee affected by such violation for such
legal or equitable relief as may be appropriate, including, but not
limited to, employment, reinstatement, promotion, and the payment of
lost wages and benefits.
(2) An action under this subsection may be maintained against the
employer in any Federal or State court of competent jurisdiction by an
employee or prospective employee for or on behalf of such employee,
prospective employee and others similarly situated. Such action must be
commenced within a period not to exceed 3 years after the date of the
alleged violation. The court, in its discretion, may allow reasonable
costs (including attorney's fees) to the prevailing party.
(c) The taking of any one of the actions referred to in paragraph
(a) of this section shall not be a bar to the concurrent taking of any
other appropriate action.
