Judicial enforcement procedures

A civil action can be filed when a person has failed to comply with a preliminary order of reinstatement, a final order, or the terms of a settlement agreement. Under 1979.113 the Secretary or the person on whose behalf the order was issued may seek enforcement in court if there has been noncompliance.

• This regulation specifically identifies three triggers for filing: failure to comply with a preliminary reinstatement order, failure to comply with a final order, or breach of the terms of a settlement agreement.
• The rule itself does not list extra procedural prerequisites before filing; it authorizes filing when noncompliance exists.

The Secretary or the person on whose behalf the order was issued may file the civil action. 1979.113 explicitly authorizes either the Secretary or the person for whom the order was issued to go to federal district court to enforce the order.

• "Person on whose behalf the order was issued" can include the employee or other authorized representative for whom the enforcement was obtained.
• The regulation does not require the Secretary to obtain additional approval before filing; it provides the Secretary with enforcement authority.

The enforcement action must be filed in the United States district court for the district in which the violation was found to have occurred. 1979.113 states the action should be brought in the federal district where the underlying violation occurred.

• File in the district where the violation was found, not necessarily where the employer is headquartered.
• If multiple districts are implicated, the regulation points to the district where the violation was identified.

Yes. The terms of a settlement agreement may be enforced by filing a civil action in federal court when someone fails to comply. 1979.113 expressly includes failure to comply with settlement agreement terms as a basis to seek enforcement in the United States district court for the appropriate district.

• This gives practical effect to negotiated settlements: if a party breaches the settlement, enforcement through the courts is an available remedy under the regulation.

No, it does not matter; both preliminary orders of reinstatement and final orders can be enforced by filing a civil action. 1979.113 names both types of orders as triggers for seeking judicial enforcement when there is a failure to comply.

• The regulation treats failure to comply with preliminary reinstatement orders and final orders as equally enforceable through the federal district court.

"Failure to comply" means that a person did not follow or honor the obligations required by a preliminary order of reinstatement, a final order, or the terms of a settlement agreement. 1979.113 authorizes court action when such noncompliance occurs.

• The regulation itself does not provide an exhaustive definition of "failure to comply," so evidence that the required reinstatement, remedy, or settlement obligation was not performed will be central to showing noncompliance.
• Additional proof or procedures related to establishing noncompliance may come from the underlying case file or applicable court practice.

Yes, the person on whose behalf the order was issued may file the civil enforcement action. 1979.113 explicitly allows either the Secretary or the person on whose behalf the order was issued to seek enforcement in the United States district court.

• If you are the employee named in the order or settlement, you are covered by the statute’s wording as a party who may initiate enforcement.
• Practical steps (such as proof of noncompliance) and local court filing rules will still apply.

An enforcement lawsuit should be filed in the United States district court for the district where the violation occurred — i.e., where the worksite is located if that is where the violation was found. 1979.113 requires filing in the district where the violation was found to have occurred.

• The district is determined by the location of the violation, not necessarily the employer’s corporate headquarters.
• Employers should be prepared to defend enforcement actions in the federal district that covers the worksite location.

No, 1979.113 does not set a specific deadline or statute of limitations for filing a civil enforcement action; it only authorizes filing when a person fails to comply with the listed orders or settlement terms. See 1979.113.

• Because the regulation itself is silent on time limits, other applicable statutes or court rules may control timing for filing; consult those authorities for deadlines.
• Parties seeking enforcement should act promptly and consult counsel or the relevant court rules to avoid missing any applicable filing deadlines.

No specific employee consent is required by 1979.113 for the Secretary to file an enforcement action; the regulation authorizes the Secretary to file on their own authority. 1979.113 states that either the Secretary or the person on whose behalf the order was issued may file.

• The rule permits the Secretary to act independently to enforce orders; it does not include a consent requirement in the text.
• Practical coordination with the employee may still occur, but the regulation itself grants the Secretary enforcement authority.

The regulation authorizes filing a civil action to seek enforcement of the order or settlement terms, but it does not enumerate specific types of relief in the text of 1979.113 itself. See 1979.113.

• Because 1979.113 focuses on the venue and who may file, the specific remedies (such as reinstatement, back pay, injunctive relief, or other remedies) are determined by the content of the underlying order or settlement and applicable law governing enforcement in federal court.
• Parties should consult the underlying order, settlement provisions, and relevant federal law or court practice to identify the precise relief available.