Judicial enforcement procedures

Either the Secretary or the person on whose behalf the order was issued may file a civil action to enforce the order. This is explicitly allowed by 1984.113.

A civil action can be filed to enforce a preliminary order of reinstatement or a final order, including a final order approving a settlement agreement, that was issued under section 18C of the FLSA. The regulation identifies these specific orders as enforceable by civil action in 1984.113.

The Secretary may file a civil action in the United States district court for the district where the violation was found to have occurred or in the United States District Court for the District of Columbia. This venue rule is set out in 1984.113.

A person on whose behalf the order was issued may file a civil action in the appropriate United States district court—specifically, either the district where the violation was found to have occurred or the District of Columbia—per 1984.113.

Yes. A final order that approves a settlement agreement is identified as enforceable by civil action if someone fails to comply with it. The regulation explicitly includes such settlement-approval orders in 1984.113.

No. 1984.113 authorizes filing a civil action for enforcement but does not specify the remedies a court may award; remedies are determined by the court and by the underlying law (such as the FLSA and applicable case law). See 1984.113 and the broader part 1984 for context.

Any failure to comply with a preliminary order of reinstatement or a final order qualifies—partial noncompliance can justify filing a civil action. The regulation speaks to situations "whenever any person has failed to comply" in 1984.113.

The regulation permits filing either in the district where the violation was found to have occurred or in the United States District Court for the District of Columbia. That choice of venue is set out in 1984.113.

No. 1984.113 specifies filing in the district "where the violation was found to have occurred" or in the District of Columbia but does not address multi-district situations or how to determine the single district of filing. For multi-district scenarios, parties should consult legal counsel and consider the facts, the agency’s findings, and relevant case law; see 1984.113.

No. 1984.113 uses the phrase "a person on whose behalf the order was issued" but does not provide a definition of that term within the regulation. Determinations about who qualifies may rely on the underlying order, the facts of the case, the statute (section 18C of the FLSA), and legal guidance; see 1984.113.

No filing deadline or statute of limitations is set out in 1984.113 itself. Time limits for filing may be governed by other statutes or procedural rules, so parties should check applicable federal statutes and court rules and consult counsel. See 1984.113 for the enforcement venue rules.

An employer should comply with the terms of the preliminary or final order promptly because failure to comply would allow the Secretary or the person on whose behalf the order was issued to file a civil action to enforce the order. The possibility of enforcement in federal court is described in 1984.113.

Yes. A private individual "on whose behalf the order was issued" may file a civil action to enforce the order directly in the appropriate United States district court, as provided in 1984.113.

Yes. This provision is part of Part 1984, which covers procedures for handling retaliation complaints under section 1558 of the Affordable Care Act, and 1984.113 specifically sets out judicial enforcement options. See the Part context at 1984 and the enforcement rule in 1984.113.