District court jurisdiction

You can file in federal district court within 90 days after receiving the written determination under 1984.105(a), provided the Secretary has not issued a final decision. The regulation states that a complainant may bring a de novo action at law or equity in the appropriate district court within 90 days of that written determination if there is no final decision of the Secretary (1984.114(a)(1)).

You may file in federal court if the Secretary has not issued a final decision within 210 days after you filed your complaint. The regulation allows a complainant to bring a de novo action in district court if there has been no final decision of the Secretary within 210 days of the filing of the complaint (1984.114(a)(2)).

Yes — either party can request a jury trial and the case must be tried to a jury if requested. The regulation specifically provides that at the request of either party the action shall be tried by the court with a jury (1984.114(a)(3)).

A district court proceeding under 1984.114(a) is governed by the same burdens of proof set out in 1984.109. The regulation states that those legal burdens of proof specified in 1984.109 shall apply to the proceeding (1984.114(b)).

A federal court can award equitable relief and damages necessary to make the employee whole, including reinstatement, back pay with interest, and special damages such as litigation costs and attorney fees. The regulation lists those remedies explicitly: reinstatement with proper seniority (1984.114(b)(1)); back pay with interest (1984.114(b)(2)); and compensation for special damages including litigation costs, expert witness fees, and reasonable attorney fees (1984.114(b)(3)).

Reinstatement must restore the employee to the same seniority status they would have had but for the discharge or retaliation. The regulation requires reinstatement with the same seniority status the employee would have had absent the adverse action (1984.114(b)(1)).

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 copies on the OSHA official who issued the findings/preliminary order, the Assistant Secretary, and the Associate Solicitor for the Division of Fair Labor Standards. The regulation specifies these filing and service requirements and the seven-day deadline (1984.114(c)).

The district court conducts a de novo review, meaning it may consider new evidence and re-evaluate the matter afresh rather than being limited to the administrative record. The regulation authorizes an action "at law or equity for de novo review" in the appropriate district court (1984.114(a)).

No — the district court has jurisdiction over these actions without regard to the amount in controversy. The regulation explicitly says the district court will have jurisdiction without regard to the amount in controversy when a complainant brings an action under 1984.114(a) (1984.114(a)).

If the Secretary issues a final decision before you file in district court, the 90-day pathway in 1984.114(a)(1) is not available because that pathway requires that there has been no final decision by the Secretary. The regulation’s 90-day filing option applies only when there has been no final decision of the Secretary after the written determination under 1984.105(a) (1984.114(a)(1)).

Yes — the district court can award reasonable attorney fees, expert witness fees, and other litigation costs as compensation for special damages. The regulation authorizes compensation for special damages sustained as a result of the discharge or retaliation, including litigation costs, expert witness fees, and reasonable attorney fees (1984.114(b)(3)).

The complainant must serve a copy of the 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. The regulation requires service on those officials in addition to filing the file-stamped complaint with the appropriate DOL officials within seven days (1984.114(c)).

If no final decision has been issued within 210 days of filing the complaint, the complainant may bring a de novo action in district court. The regulation explicitly permits filing in district court when there has been no final decision of the Secretary within 210 days after the complaint filing (1984.114(a)(2)).

No — 1984.114(b) authorizes the court to grant all relief necessary to make the employee whole, which includes broad equitable and monetary remedies similar to or beyond administrative relief. The regulation states the court shall have jurisdiction to grant all relief necessary to make the employee whole, and then lists specific remedies such as reinstatement, back pay with interest, and special damages including litigation costs and attorney fees (1984.114(b)).

Yes — the district court can grant injunctive relief as part of the relief necessary to make the employee whole. The regulation states the court shall have jurisdiction to grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages (1984.114(b)).

The action is typically brought in the appropriate U.S. district court against the employer (or other respondent), and the complainant must file the file-stamped complaint with the Assistant Secretary, the ALJ, or the ARB as appropriate and serve copies on the OSHA official who issued findings/preliminary order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards. The regulation lays out the filing and service requirements and a seven-day timeframe for providing those copies (1984.114(c)).

Yes — the action must be filed in the appropriate United States district court, which has jurisdiction under the regulation. The regulation authorizes an action "in the appropriate district court of the United States" for de novo review (1984.114(a)). If venue questions arise, normal federal venue rules and local court practices determine the precise district court location.