District court jurisdiction

A complainant can file a de novo action in federal district court either within 90 days after receiving a written determination under 1985.105(a) if there has been no final decision by the Secretary, or if the Secretary has not issued a final decision within 210 days of the filing of the complaint. See 1985.114(a)(1) and 1985.114(a)(2).

You must file in district court within 90 days after you receive the written determination under 1985.105(a), but that 90-day option is only available if there has been no final decision by the Secretary. See 1985.114(a)(1).

• If the Secretary issues a final decision before you file, the 90-day route is not available under that paragraph.

If the Secretary has not issued a final decision within 210 days after you filed your complaint, you may file a de novo action in district court after those 210 days. See 1985.114(a)(2).

• The 210-day option protects a complainant who has waited for agency resolution but has not received a final decision within the statutory period.

No — the district court has jurisdiction over these actions without regard to the amount in controversy. See 1985.114(a).

• That means you do not need a minimum dollar amount to bring the de novo claim in federal court.

Yes — at the request of either party, the district court action shall be tried by a jury. See 1985.114(b).

• If you want a jury, you must timely demand one according to the court's rules.

A district court proceeding is governed by the same legal burdens of proof specified in 1985.109, meaning the complainant must satisfy the statutory burdens described there. See 1985.114(c).

• Review 1985.109 to see the specific evidentiary framework used by the court.

The district court can order all relief necessary to make the employee whole, including reinstatement (with proper seniority), back pay with interest, compensation for special damages caused by the discharge or discrimination, and litigation costs, expert witness fees, and reasonable attorney fees. See 1985.114(c) and its subparts 1985.114(c)(1) through 1985.114(c)(4).

• The court has broad equitable and monetary powers to fully remedy the harm.

It means the court can order your employer to give you your job back and restore the seniority you would have had if you had not been discharged or discriminated against. See 1985.114(c)(1).

• Practically, that can affect pay steps, vacation accrual, promotion eligibility, and other seniority-based benefits.

The court can award back pay to the employee and include interest on that back pay. See 1985.114(c)(2).

• Back pay typically runs from the date of the adverse action until reinstatement or an equivalent remedy, subject to usual legal deductions and offsets.

Special damages are losses that flow directly from the discharge or discrimination beyond ordinary back pay, and the court can award them when they are caused by the employer’s unlawful action. See 1985.114(c)(3).

• Examples may include documented job-search expenses, medical costs tied to the discrimination, or other out-of-pocket losses linked to the adverse action (you should be prepared to prove these damages).

Yes — the court may award litigation costs, expert witness fees, and reasonable attorney fees to make the employee whole. See 1985.114(c)(4).

• Keep careful records of fees and costs because the court will evaluate reasonableness before awarding them.

Within seven days after filing in federal court, the complainant must file a copy of the file-stamped complaint with OSHA, the Administrative Law Judge (ALJ), or the Administrative Review Board (ARB), depending on where the proceeding is pending, and must serve a copy on the OSHA official who issued the findings or preliminary order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. See 1985.114(d).

• Follow these service rules closely to avoid procedural problems: file with the correct OSHA adjudicatory office (ALJ or ARB) or OSHA itself depending on the stage of your case.

De novo review means the district court hears the case anew and decides the facts and law without being bound by the agency’s prior findings. See 1985.114(a).

• Practically, this means you present evidence and legal arguments to the court as if the administrative proceeding had not produced a final decision, and the court applies the burdens of proof in 1985.109.

A Secretary’s final decision removes the ability to use the specific 1985.114(a)(1) 90‑day route, because the statute allows a 90‑day filing only if there has been no final decision by the Secretary. See 1985.114(a)(1).

• If a final decision exists, consult the relevant rules or counsel about whether any other judicial review pathways remain, because the statutory 90‑day or 210‑day triggers described in 1985.114(a) depend on the absence of a final decision.

You must serve a copy of the filed 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, U.S. Department of Labor. See 1985.114(d).

• Serving these officials ensures the Department is notified and can participate as needed in the federal court proceeding.