[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.404]



[Page 788]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents

 

        Subpart D_What Enforcement Mechanisms Does FMLA Provide?

 

Sec.  825.404  What are the consequences of an employer not paying the 

penalty assessment after a final order is issued?



    The Regional Administrator may seek to recover the unpaid penalty 

pursuant to the Debt Collection Act (DCA), 31 U.S.C. 3711 et seq., and, 

in addition to seeking recovery of the unpaid final order, may seek 

interest and penalties as provided under the DCA. The final order may 

also be referred to the Solicitor of Labor for collection. The Secretary 

may file suit in any court of competent jurisdiction to recover the 

monies due as a result of the unpaid final order, interest, and 

penalties.