Title 29 — Labor
Chapter 22 — Employee Polygraph Protection
§ 2005. Enforcement provisions
Statutory text
Civil penalties
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.
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.
Collection
Any civil penalty assessed under this subsection 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.
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 represent 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 orders 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, reinstatement, promotion, and the payment of lost wages and benefits.
Private civil actions
Liability
An employer who violates this chapter shall be liable to the employee or prospective employee affected by such violation. Such employer shall be liable 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.
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 prospective employee for or on behalf of such employee, prospective employee, and other employees or prospective employees similarly situated. No such action may be commenced more than 3 years after the date of the alleged violation.
Costs
The court, in its discretion, may allow the prevailing party (other than the United States) reasonable costs, including attorney’s fees.
Waiver of rights prohibited
The rights and procedures provided by this chapter may not be waived by contract or otherwise, unless such waiver is part of a written settlement agreed to and signed by the parties to the pending action or complaint under this chapter.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Employee Polygraph Protection Act of 1988
Pub. L. 100–347 § 6 · 102 Stat. 646
Enacted · 29 U.S.C. § 2005
(Pub. L. 100–347, § 6, June 27, 1988, 102 Stat. 647.)
Source evidence
Code source credit
(Pub. L. 100–347, § 6, June 27, 1988, 102 Stat. 647.)Enacted provision · exact public law section
SEC. 6. ENFORCEMENT PROVISIONS. (a) Civil Penalties.— (1) In general.— Subject to paragraph (2), any employer who violates any provision of this Act 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 Act and the gravity of the violation. (3) Collection.— Any civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections (b) through (e) of section 503 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1853) with respect to civil penalties assessed under subsection (a) of such section. (b) Injunctive Actions by the Secretary.— The Secretary may bring an action under this section to restrain violations of this Act. The Solicitor of Labor may appear for and represent the Secretary Courts, U.S. Wages. in any litigation brought under this Act. 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 orders and injunctions to require compliance with this Act, 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. (c) Private Civil Actions.— (1) Liability.— An employer who violates this Act shall be liable to the employee or prospective employee affected by such Wages. violation. Such employer shall be liable 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) 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 prospective employee for or on behalf of such employee, prospective employee, and other employees 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 r fees. (d) Waiver of Rights Prohibited.— The rights and procedures provided by this Act may not be waived by contract or otherwise, unless such waiver is part of a written settlement agreed to and signed by the parties to the pending action or complaint under this Act.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 6 months after , except that rules and regulations shall be issued not later than 90 days after , see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title.