Judicial enforcement procedures

Either the Secretary of Labor or the person on whose behalf the order was issued may file a civil action to enforce a preliminary order of reinstatement issued under NTSSA. See 1982.113(a).

• The regulation explicitly authorizes both the Secretary and the protected individual (or entity) to seek enforcement in federal district court if the order is not followed.
• Practical step: identify the federal district where the violation occurred and prepare the enforcement filing as described in 1982.113(a).

Only the Secretary of Labor is authorized to file a civil action to enforce a preliminary order of reinstatement or a final order issued under the FRSA. See 1982.113(b).

• The text grants enforcement authority to the Secretary in the United States district court where the violation occurred.
• Employees or other private parties are not granted enforcement authority under this subsection; they should contact the Secretary if an FRSA order is not complied with.

An enforcement action under NTSSA must be filed in the United States district court for the district where the violation was found to have occurred. See 1982.113(a).

• Determine the federal judicial district where the violation occurred before filing.
• If you are uncertain which district applies, check the location of the employer’s workplace or where the retaliatory act took place and consult counsel or the Secretary’s office for guidance.

The Secretary must file the enforcement action in the United States district court for the district in which the violation was found to have occurred. See 1982.113(b).

• The provision mirrors the venue rule used for NTSSA orders in 1982.113(a), but applies to FRSA enforcement by the Secretary.
• Verify the correct district before filing to avoid procedural rejection.

Yes—1982.113 authorizes filing a civil action to enforce a final order that includes approval of a settlement agreement. See 1982.113(a).

• The regulation specifically references final orders "including one approving a settlement agreement," so approved settlements become court-enforceable orders if not followed.
• Keep a copy of the approved settlement order; it will be needed when seeking enforcement in the appropriate federal district court.

Yes—the person on whose behalf the preliminary reinstatement order was issued may file a civil action to enforce the order under NTSSA. See 1982.113(a).

• That means the protected employee (or other person protected by the order) does not have to rely solely on the Secretary to seek enforcement.
• Practical tip: gather the order documentation and evidence of noncompliance, and consider consulting an attorney or the Office handling retaliation complaints to prepare the filing in the correct federal district.

Section 1982.113 covers preliminary orders of reinstatement and final orders—including final orders that approve settlement agreements—issued under NTSSA and FRSA (with FRSA enforcement by the Secretary). See 1982.113(a) and 1982.113(b).

• NTSSA: both the Secretary and the protected person may file enforcement actions.
• FRSA: the Secretary may file enforcement actions under subsection (b).
• The regulation does not list other remedy types; it focuses on venue and who may bring the suit.

Under 1982.113, enforcement rights differ in that both the Secretary and the protected person may bring enforcement suits for NTSSA orders, while only the Secretary is authorized to bring enforcement suits for FRSA orders. See 1982.113(a) and 1982.113(b).

• NTSSA (subsection (a)): dual enforcement paths—Secretary or person on whose behalf the order was issued.
• FRSA (subsection (b)): sole enforcement path—the Secretary files in federal district court.

Section 1982.113 requires filing in the United States district court for the district "in which the violation was found to have occurred," so the enforcement action should be filed in the district identified in the order or determination finding the violation. See 1982.113(a).

• If the order or agency finding specifies a district, use that district for enforcement filings.
• If the finding is unclear, work with the Secretary’s office or legal counsel to confirm the correct venue before filing.

No—enforcement actions under 1982.113 must be filed in the United States district court for the appropriate federal district; the regulation does not authorize filing in state court. See 1982.113(a) and 1982.113(b).

• Follow federal court rules and procedures when preparing enforcement filings.
• If considering alternative forums, consult counsel because 1982.113 explicitly prescribes federal venue.

No—1982.113 authorizes filing a civil action in federal district court for enforcement, but it does not specify the specific remedies the court may grant. See 1982.113.

• Remedies available are governed by applicable federal law and the court’s equitable powers; consult the enforcement provisions of the underlying statute and court precedents.
• Practical step: coordinate with the Secretary’s office or legal counsel to identify the likely relief to request in the enforcement complaint.

If a final order approving a settlement agreement under NTSSA is violated, either the Secretary or the person on whose behalf the order was issued may file a civil action to enforce that final order. See 1982.113(a).

• An approved settlement has the force of an enforceable final order for purposes of seeking judicial enforcement.
• Keep the approved order and documentation of noncompliance to support the enforcement filing.

No—1982.113 does not establish a filing deadline or statute of limitations for bringing an enforcement action; it only identifies who may file and where to file. See 1982.113.

• Time limits for filing may be set by other statutes, court rules, or by the terms of the order itself; you should confirm applicable deadlines with counsel or the Secretary’s office.
• Practical advice: act promptly when noncompliance occurs to preserve rights and evidence.

Yes—1982.113 allows filing a civil action when any person has failed to comply with a preliminary or final order; partial compliance may still constitute a failure to comply and justify enforcement. See 1982.113.

• Document what aspects of the order remain unmet and gather evidence showing the employer has not fully complied.
• Discuss with the Secretary’s office or legal counsel whether to pursue enforcement and what relief to request from the court.