Page:United States Statutes at Large Volume 102 Part 1.djvu/686

 102 STAT. 648

PUBLIC LAW 100-347—JUNE 27, 1988 (b) INJUNCTIVE ACTIONS BY THE SECRETARY.—The Secretary

Courts, U.S. Wages.

Wages.

Courts, U.S.

29 USC 2006.

may

bring an action under this section to restrain violations of this Act. The Solicitor of Labor may appear for and represent the Secretary 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) PwvATE CIVIL ACTIONS.— (1) LIABILITY.—An employer who violates this Act 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, emplosmaent, reinstatement, promotion, and the pa3anent 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 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. SEC. 7. EXEMPTIONS. (a) N O APPLICATION TO GOVERNMENTAL EMPLOYERS.—This

Act

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 Act

shall be construed to prohibit the administration, by the Federal Government, in the performance of any counterintelligence function, of any lie detector test to— (A) any expert or consultant under contract to the Department of Defense or any employee of any contractor of such Department; or (B) any expert or consultant under contract with the Department of Energy in connection with the atomic energy defense activities of such Department or any employee of any contractor of such Department in connection with such activities. (2) SECURITY.—Nothing in this Act shall be construed to prohibit the administration, by the Federal Government, in the performance of any intelligence or counterintelligence function, of any lie detector test to—

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