29 C.F.R. § 1978.114

District court jurisdiction of retaliation complaints under STAA

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(a) If there is no final order of the Secretary, 210 days have passed since the filing of the complaint, and there is no showing that there has been delay due to the bad faith of the complainant, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States, which will have jurisdiction over such an action without regard to the amount in controversy. The action shall, at the request of either party to such action, be tried by the court with a jury.

(b) Within seven days after filing a complaint in federal court, a complainant must file with the Assistant Secretary, the ALJ, or the ARB, depending on where the proceeding is pending, a copy of the file-stamped complaint. A copy of the complaint also must be served on the OSHA official who issued the findings and/or preliminary order, the Assistant Secretary, and the Associate Solicitor, Division of Occupational Safety and Health, U.S. Department of Labor.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1987–2021 · leading case: Brock v. Roadway Express, Inc., 481 U.S. 252 (1987).

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Brock v. Roadway Express, Inc., 481 U.S. 252 (1987). · cites it 2× “, at 42095 (proposed 29 CFR § 1978.114 ). Once the Secretary orders preliminary reinstatement, an incentive for delay lies naturally with the employee, and intentional foot dragging may entitle the employer to challenge the delay.”

Budri v. ARB (5th Cir. 2021). “§ 31105 (c); 29 C.F.R. §1978.114 (allowing an action for de novo review in appropriate federal district court if no final order of Secretary has issued within 210 days of filing of complaint and there is no showing of delay due to the bad faith of the complainant).”

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