District court jurisdiction

Under 1987.114(a) a complainant may file a de novo action in the appropriate U.S. district court either within 90 days after receiving a written determination under 1987.105(a) provided there has been no final decision of the Secretary, or if there has been no final decision by the Secretary within 210 days of the filing of the complaint. See the timing rules in 1987.114(a).

• If you received a written determination, count 90 days from that receipt (but only if no final Secretary decision exists).
• If you have not received a final decision within 210 days after filing your complaint, you may file in district court under 1987.114(a)(2).

Under 1987.114(a)(1) the 90-day clock begins when the complainant receives a written determination under 1987.105(a), provided the Secretary has not issued a final decision. See 1987.114(a)(1).

• Receipt of the written determination is the triggering event; keep a record (date-stamped copy) of when you got it.
• If the Secretary issues a final decision before you file, the availability to file under this subsection may be affected.

Under 1987.114(a)(2) a complainant can file in district court if the Secretary has not issued a final decision within 210 days after the complaint was filed. See 1987.114(a)(2).

• Count 210 calendar days from the original complaint filing date to determine eligibility under this subsection.
• Filing under this subsection is available even if you have not received a written determination from the agency.

Under 1987.114 the district court has jurisdiction without regard to the amount in controversy, so the dollar value of the claim does not limit filing in federal court. See 1987.114.

Under 1987.114(b) either party may request that the district court try the action with a jury. See 1987.114(b).

• Make the jury demand according to the federal rules of civil procedure and local court rules after you file the action.

Under 1987.114(c) a district court proceeding is governed by the same burdens of proof specified in 1987.109, so the complainant must meet those statutory burdens when seeking relief in court. See 1987.114(c).

• Consult 1987.109 for the specific legal standards and allocation of proof that apply to retaliation claims.

Under 1987.114(c) a district court may grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages such as reinstatement, back pay with interest, compensation for special damages, and litigation costs including attorney and expert fees. See 1987.114(c) and the specific items in 1987.114(c)(1)–(4).

• Remedies listed: reinstatement with seniority, back pay with interest, special damages, and litigation costs and fees.

Under 1987.114(c)(1) reinstatement means returning the employee to employment with the same seniority status they would have had but for the discharge or discrimination. See 1987.114(c)(1).

• Seniority status includes benefits and position-related accruals (e.g., shift of seniority-based pay or promotional opportunities) that the employee would have earned absent the unlawful action.

Under 1987.114(d) 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 administrative proceeding is pending, and must also serve a copy on the OSHA official who issued the findings/preliminary order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards. See 1987.114(d).

• Keep proof of timely service and filing (date-stamped copies) to show compliance with the seven-day rule.

Under 1987.114 de novo review means the district court will hear the case anew rather than simply reviewing the agency record, and the proceeding in court will be governed by the evidentiary and burdens-of-proof rules described in 1987.109. See 1987.114.

• Practically, this means you can present witnesses and evidence in court even if that evidence was not before the agency, subject to the court’s rules of evidence.

Under 1987.114(a) you may not bring the described de novo district court action if there has been a final decision of the Secretary; the 90-day and 210-day filing paths both require that no final Secretary decision exists. See 1987.114(a) and consult 1987.105 for agency decision procedures.

• If a final Secretary decision exists, review the Secretary’s decision and applicable appeal procedures instead of filing a de novo district court action.

Under 1987.114(d) within seven days after filing in federal court you must file a copy of the file-stamped complaint with OSHA, the ALJ or ARB (as applicable), and serve a copy on the OSHA official who issued the findings/preliminary order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards. See 1987.114(d).

• Maintain proof of service and filing for each recipient to document compliance with the seven-day requirement.

Under 1987.114(c)(3) the district court can award compensation for any special damages sustained as a result of the discharge or discrimination, so you can seek recovery for out-of-pocket losses directly caused by the retaliatory action. See 1987.114(c)(3).

• Examples of special damages may include documented medical expenses, relocation costs, or other specific monetary losses that were caused by the adverse employment action (keep receipts and records to support such claims).

Under 1987.114(c) a district court can award injunctive relief as part of making the employee whole. See 1987.114(c).

• Injunctive relief might include orders preventing future retaliation or requiring the employer to take corrective steps to remedy a hostile work environment.

Under 1987.114(c)(4) the district court may award litigation costs, expert witness fees, and reasonable attorney fees to make the employee whole. See 1987.114(c)(4).

• Fee awards are typically subject to the court's assessment of what is reasonable based on the work performed and prevailing rates.