[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR801.40]

[Page 784]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 801_APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
--Table of Contents
 
                          Subpart E_Enforcement
 
Sec. 801.40  General.


    (a) Whenever the Secretary believes that the provisions of the Act 
or these regulations have been violated, such action shall be taken and 
such proceedings instituted as deemed appropriate, including the 
following:
    (1) Petitioning any appropriate District Court of the United States 
for temporary or permanent injunctive relief to restrain violation of 
the provisions of the Act or this part by any person, and to require 
compliance with the Act and this part, 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;
    (2) Assessing a civil penalty against any employer who violates any 
provision of the Act or this part in an amount of not more than $10,000 
for each violation, in accordance with regulations set forth in this 
part; or
    (3) Referring any unpaid civil money penalty which has become a 
final and unappealable order of the Secretary or a final judgment of a 
court in favor of the Secretary to the Attorney General for recovery.
    (b)(1) Any employer who violates this Act shall be liable to the 
employee or prospective employee affected by such violation 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) An action under this subsection 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 others similarly situated. Such action must be 
commenced within a period not to exceed 3 years after the date of the 
alleged violation. The court, in its discretion, may allow reasonable 
costs (including attorney's fees) to the prevailing party.
    (c) The taking of any one of the actions referred to in paragraph 
(a) of this section shall not be a bar to the concurrent taking of any 
other appropriate action.