Page:United States Statutes at Large Volume 107 Part 1.djvu/42

 107 STAT. 16 PUBLIC LAW 103-3 —FEB. 5, 1993 (2) RIGHT OF ACTION.—An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of— (A) the employees; or (B) the employees and other employees similarly situated. (3) FEES AND COSTS. —The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) LIMITATIONS.—The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate— (A) on the filing of a complaint by the Secretary in an action under subsection (d) in which restraint is sought of any further delay in the payment of the amount described in paragraph (I)(A) to such employee by an employer responsible under paragraph (1) for the payment; or (B) on the filing of a complaint by the Secretary in an action under subsection 0>) in which a recovery is sought of the damages described in paragraph (I)(A) owing to an eligible employee by an employer liable under paragraph (1). unless the action described in subparagraph (A) or (B) is dismissed without prejudice on motion of the Secretary. (b) ACTION BY THE SECRETARY.— (1) ADMINISTRATIVE ACTION. —The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 105 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.206and207). (2) CIVIL ACTION.— The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in subsection (a)(l)(A). (3) SUMS RECOVERED.— Any sums recovered by the Secretary pursuant to paragraph (2) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee affected. Any such sums not paid y" to an employee because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (c) LIMITATION. — (1) IN GENERAL.—Except as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (2) WILLFUL VIOLATION.— In the case of such action brought for a willful violation of section 105, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (3) COMMENCEMENT.— In determining when an action is commenced by the Secretary under this section for the purposes

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