Subpart C
A complainant can bring a de novo action in the appropriate United States district court without regard to the amount in controversy. See 1983.114(a) for the authority to file in district court.
A complainant may file in district court within 90 days after receiving the written determination under 1983.105(a), provided there has been no final decision by the Secretary. See 1983.114(a)(1).
A complainant may file in district court if there has been no final decision by the Secretary within 210 days of the filing of the complaint. See 1983.114(a)(2).
Yes — either party may request that the action be tried before a jury, and the court shall try the action with a jury at the request of either party. See 1983.114(a)(3).
Within seven days after filing in federal court, the complainant must file a copy of the file‑stamped complaint with the Assistant Secretary, the ALJ, or the ARB as appropriate, and must serve a copy on the OSHA official who issued the findings and/or preliminary order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards. See 1983.114(b).
De novo review means the district court considers the case anew without giving legal deference to the agency's prior findings or decision. The statute grants the complainant a right to bring an action for de novo review in district court under 1983.114(a).
If the Secretary issues a final decision before you file in district court, you cannot timely invoke the 90‑day district court option based on that written determination because the 90‑day option applies only "provided that there has been no final decision of the Secretary." See 1983.114(a)(1).
The 210‑day period begins from the filing of the administrative complaint; if there has been no final decision of the Secretary within 210 days of that filing, the complainant may bring the action in district court. See 1983.114(a)(2).
No — district court jurisdiction over these retaliation complaints is granted without regard to the amount in controversy. See 1983.114(a).
You must serve a copy of the file‑stamped complaint on the OSHA official who issued the findings and/or preliminary order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards; and you must also file a copy with the Assistant Secretary, the ALJ, or the ARB as appropriate. See 1983.114(b).
Generally no — the statute allows filing in district court either within 90 days after a written determination under 1983.105(a) (if no final decision by the Secretary) or if there is no final decision within 210 days of filing the administrative complaint, per 1983.114(a)(1)–(2).
Yes — you can still file in district court if the Secretary has not issued a final decision within 210 days of the filing of the administrative complaint, as provided in 1983.114(a)(2).
A "file‑stamped complaint" is the copy of the complaint that the federal court has marked to show it was officially filed; you must provide that stamped copy to the Assistant Secretary, the ALJ, or the ARB and serve specified OSHA officials so the agency knows the case has been lodged in district court and can coordinate any administrative proceedings, as required by 1983.114(b).
You should file the copy of the file‑stamped complaint with whichever OSHA forum is handling the administrative proceeding at that moment: the Assistant Secretary, the Administrative Law Judge (ALJ), or the Administrative Review Board (ARB). The appropriate recipient depends on where the administrative proceeding is pending, as specified in 1983.114(b).
Yes — a complainant can still bring a de novo action in district court subject to the timing rules in 1983.114(a); however, when you file in district court you must serve a copy of the file‑stamped complaint on the OSHA official who issued the findings and/or preliminary order, as required by 1983.114(b).