Page:United States Statutes at Large Volume 107 Part 1.djvu/41

 PUBLIC LAW 103-3—FEB. 5, 1993 107 STAT. 15 (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this title. SEC. 106. INVESTIGATIVE AUTHORITY. 29 USC 2616. (a) IN GENERAL.—To ensure compliance with the provisions of this title, or any regulation or order issued under this title, the Secretary shall nave, subject to subsection (c), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). (b) OBLIGATION TO KEEP AND PRESERVE RECORDS. —Any employer shall make, keep, and preserve records pertaining to compliance with this title m accordance with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance with regulations issued by the Secretary. (c) REQUIRED SUBMISSIONS GENERALLY LIMITED TO AN ANNUAL BASIS.—The Secretary shall not under the authority of this section require any employer or any plan, fund, or program to submit to the Secretary any books or records more than once diuing any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this title or any regulation or order issued pursuant to this title, or is investigating a charge pursuant to section 107(b). (d) SUBPOENA POWERS. —For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209). SEC. 107. ENFORCEMENT. 29 USC 2617. (a) CIVIL ACTION BY EMPLOYEES.— (1) LiABiliTY.— Any employer who violates section 105 shall be liable to any eligible employee affected— (A) for damages equal to— (i) the amount of— (I) any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or (II) in a case in which wages, salary, employ- ment benefits, or other compensation have not been denied or lost to the employee, any actual monetery losses susteined by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks of wages or salary for the employee; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii), except that if an employer who has violated section 105 proves to the satisfaction of the court that the act or omission which violated section 105 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 105, such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under clauses (i) and (ii), respectively; and (B) for such equiteble relief as may be appropriate, including employment, reinstatement, ana promotion.

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