Page:United States Statutes at Large Volume 124.djvu/2060

 124 STAT. 2034 PUBLIC LAW 111–203—JULY 21, 2010 whom the order is issued, a sum equal to the aggregate amount of all costs and expenses (including attorney fees and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complain- ant for, or in connection with, the bringing of the complaint upon which the order was issued. (C) PENALTY FOR FRIVOLOUS CLAIMS.—If the Secretary of Labor finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary of Labor may award to the prevailing employer a reason- able attorney fee, not exceeding $1,000, to be paid by the complainant. (D) DE NOVO REVIEW.— (i) FAILURE OF THE SECRETARY TO ACT.—If the Secretary of Labor has not issued a final order within 210 days after the date of filing of a complaint under this subsection, or within 90 days after the date of receipt of a written determination, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States having jurisdiction, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury. (ii) PROCEDURES.—A proceeding under clause (i) shall be governed by the same legal burdens of proof specified in paragraph (3). The court shall have juris- diction to grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages, including— (I) reinstatement with the same seniority status that the employee would have had, but for the discharge or discrimination; (II) the amount of back pay, with interest; and (III) compensation for any special damages sustained as a result of the discharge or discrimi- nation, including litigation costs, expert witness fees, and reasonable attorney fees. (E) OTHER APPEALS.—Unless the complainant brings an action under subparagraph (D), any person adversely affected or aggrieved by a final order issued under subpara- graph (A) may file a petition for review of the order in the United States Court of Appeals for the circuit in which the violation with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation, not later than 60 days after the date of the issuance of the final order of the Secretary of Labor under subparagraph (A). Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subpara- graph shall not, unless ordered by the court, operate as a stay of the order. An order of the Secretary of Labor with respect to which review could have been obtained under this subparagraph shall not be subject to judicial review in any criminal or other civil proceeding. Deadline. Deadlines.