with respect to employers, employees, and other 
individuals affected by an employer. 
(B) OBLIGATION TO KEEP AND PRESERVE 
RECORDS.—An employer shall make, keep, and 
preserve records pertaining to compliance with 
this Act in accordance with section 11(c) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
211(c)) and in accordance with regulations pre-
scribed by the Secretary. 
(C) REQUIRED
SUBMISSIONS
GENERALLY 
LIMITED TO AN ANNUAL BASIS.—The Secretary 
may not require an employer to submit to the 
Secretary any books or records more than once 
during any 12-month period, unless the Sec-
retary has reasonable cause to believe there 
may exist a violation of this act or any regula-
tion or order issued pursuant to this Act, or is 
investigating a charge pursuant to paragraph 
(4). 
(D) SUBPOENA AUTHORITY.—For the pur-
poses of any investigation provided for in this 
paragraph, the Secretary shall have the sub-
poena authority provided for under section 9 of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 209). 
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(3) PRIVATE RIGHT OF ACTION.— 
(A) IN
GENERAL.—An action to recover 
damages or equitable relief prescribed in sub-
paragraph (B) may be maintained against any 
employer in any Federal or State court of com-
petent jurisdiction by an employee or individual 
or a representative for and on behalf of— 
(i) the employee or individual; or 
(ii) the employee or individual and 
others similarly situated. 
(B) LIABILITY.—Any employer who vio-
lates section 5 (including a violation relating to 
rights provided under section 3) shall be liable 
to any employee or individual affected— 
(i) for damages equal to— 
(I) the amount of— 
(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost by rea-
son of the violation; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation have 
not been denied or lost, any ac-
tual monetary losses sustained as 
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a direct result of the violation up 
to a sum equal to 80 hours of 
wages or salary for the employee 
or individual; 
(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and 
(III) an additional amount as liq-
uidated damages; and 
(ii) for such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(C) FEES AND COSTS.—The court in an 
action under this subsection shall, in addition to 
any judgment awarded to the plaintiff, allow a 
reasonable attorney’s fee, reasonable expert wit-
ness fees, and other costs to be paid by the de-
fendant. 
(D) LIMITATIONS.— 
(i) IN GENERAL.—Except as provided 
in subparagraph (B), an action may be 
brought under paragraph (2) or (3) not 
more than 2 years after the date of the 
last event constituting the alleged violation 
for which the action is brought. 
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(ii) WILLFUL
VIOLATION.—In the 
case of an action brought for a willful vio-
lation of section 5 (including a willful vio-
lation relating to rights provided under 
section 3), such action may be brought not 
more than 3 years after the last event con-
stituting the alleged violation for which 
such action is brought. 
(iii) 
COMMENCEMENT.—In 
deter-
mining when an action is commenced 
under paragraph (2) or (3) for the pur-
poses of this subsection, the action shall be 
considered to be commenced on the date 
when the complaint is filed. 
(4) ACTIONS BY THE SECRETARY.— 
(A) ADMINISTRATIVE ACTIONS.—The Sec-
retary shall receive, investigate, and attempt to 
resolve complaints of violations of section 5 in 
the same manner that the Secretary receives, 
investigates, and attempts to resolve complaints 
of violations of sections 6 and 7 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206 
and 207). 
(B) CIVIL
ACTION.—The Secretary may 
bring an action in any court of competent juris-
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diction to recover the damages described in sub-
section (a)(3)(B). 
(C) SUMS RECOVERED.—Any sums recov-
ered by the Secretary pursuant to subparagraph 
(B) shall be held in a special deposit account 
and shall be paid, on order of the Secretary, di-
rectly to each employee or individual affected. 
Any sums not paid to an employee or individual 
affected because of the inability to do so within 
a period of 3 years shall be deposited into the 
Treasury of the United States as miscellaneous 
receipts. 
(D) ACTION
FOR
INJUNCTION
BY
SEC-
RETARY.—The district courts of the United 
States shall have jurisdiction, for cause shown, 
in an action brought by the Secretary— 
(i) to restrain violations of section 5 
(including a violation relating to rights 
provided under section 3), including the re-
straint of any withholding of wages, salary, 
employment benefits, or other compensa-
tion, plus interest, found by the court to be 
due to employees or individuals eligible 
under this Act; or 
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(ii) to award such other equitable re-
lief as may be appropriate, including em-
ployment, reinstatements, and promotion. 
(E) SOLICITOR OF LABOR.—The Solicitor 
of Labor may appear for an represent the Sec-
retary on any litigation brought under this sub-
section. 
(b) GOVERNMENT ACCOUNTABILITY OFFICE AND LI-
BRARY OF CONGRESS.—Notwithstanding any other provi-
sion of this section, in the case of the Government Ac-
countability Office and the Library of Congress, the au-
thority of the Secretary under this subsection shall be ex-
ercised respectively by the Comptroller General of the 
United States and the Librarian of Congress. 
(c) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.—The powers, remedies, and 
procedures provided in the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de-
fined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that 
Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 
and procedures this Act provides to that Board, or any 
person, alleging an unlawful employment practice in viola-
tion of this Act against an employee described in section 
2(2)(D). 
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(d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 
5, UNITED STATES CODE.—The powers, remedies, and 
procedures provided in title 5, United States Code, to an 
employing agency, provided in chapter 12 of that title to 
the Merit Systems Protection Board, or provided in that 
title to any person, alleging a violation of chapter 63 of 
that title, shall be the powers, remedies, and procedures 
this Act provides to that agency, that Board, or any per-
son, respectively, alleging an unlawful employment prac-
tice in violation of this Act against an employee described 
in section 2(2)(E). 
(e) REMEDIES FOR STATE EMPLOYEES.— 
(1) WAIVER
OF
SOVEREIGN
IMMUNITY.—A 
State’s receipt or use of Federal financial assistance 
for any program or activity of a State shall con-
stitute a waiver of sovereign immunity, under the 
11th Amendment of the Constitution or otherwise, 
to a suit brought by an employee of that program 
or activity under this Act for equitable, legal, or 
other relief authorized under this Act. 
(2) OFFICIAL CAPACITY.—An official of a State 
may be sued in the official capacity of the official by 
any employee who has complied with the procedures 
of subsection (a)(3), for injunctive relief that is au-
thorized under this Act. In such a suit, the court 
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may to the prevailing party those costs authorized 
by section 722 of the Revised Statutes (42 U.S.C. 
1988). 
(3) APPLICABILITY.—With respect to a par-
ticular program or activity, paragraph (1) applies to 
conduct occurring on or after the day, after the date 
of enactment of this Act, on which a State first re-
ceives or uses Federal financial assistance for that 
program or activity. 
(4) PROGRAM OR ACTIVITY DEFINED.—In this 
subsection, the term ‘‘program or activity’’ has the 
meaning given the term in section 606 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d–4a). 
SEC. 7. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 
(a) MORE PROTECTIVE.—Nothing in this Act shall 
be construed to diminish the obligation of an employer to 
comply with any contract, collective bargaining agreement, 
or any employment benefit program or plan that provides 
greater paid annual leave or other leave rights to employ-
ees or individuals than the rights established under this 
Act. 
(b) LESS PROTECTIVE.—The rights established for 
employees under this Act shall not be diminished by any 
contract, collective bargaining agreement, or any employ-
ment program or plan. 
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SEC. 8. AWARENESS CAMPAIGN. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall carry 
out a public awareness campaign to inform the public 
about the earned annual leave entitlement established 
under this Act, which shall include information about— 
(1) the rights provided to an employee under 
this Act; and 
(2) resources available to an employee if the 
employee believes the rights provided under this act 
have been violated. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
SEC. 9. EFFECTIVE DATES. 
(a) EFFECTIVE DATE.—This Act, and the amend-
ment made by this Act, shall take effect 180 days after 
the date of enactment of this Act. 
(b) COLLECTIVE BARGAINING AGREEMENTS.—In the 
case of a collective bargaining agreement in effect on the 
effective date prescribed under subsection (a), the Act 
shall take effect on the earlier of— 
(1) the date of the termination of such agree-
ment; 
(2) the date of any amendment, made on or 
after such effective date, to such agreement; or 
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(3) the date that occurs 18 months after such 
effective date. 
Æ 
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