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What Administrative Body May Impose Remedies For A Violation Of The Federal Family And Medical Leave Act (FMLA)?

The United States Secretary of Labor, through the Wage and Hour Division of the Employment Standards Administration, has administrative jurisdiction. The Department of Labor will review the merits of the complaint and attempt to negotiate and resolve the complaint administratively with the employer. If the Secretary of Labor is convinced that a violation has occurred, and in the event attempts to resolve the matter with the employer are not successful, the Secretary of Labor may file a lawsuit on behalf of the employee. Complaints are to be filed two years from the date of the last action of the alleged violation. Three years if it is a willful violation. Complaints may be filed by an employee or by any other person on behalf of an employee. There is no federal requirement that the Secretary of State be notified before filing a lawsuit in the event attempts to resolve the matter with the employer are not successful.

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