29 U.S.C. § 5105

ENFORCEMENT.

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“(a)Unpaid Sick Leave.—An employer who violates section 5102 shall—“(1) be considered to have failed to pay minimum wages in violation of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206); and“(2) be subject to the penalties described in sections 16 and 17 of such Act (29 U.S.C. 216; 217) with respect to such violation.“(b)Unlawful Termination.—An employer who willfully violates section 5104 shall—“(1) be considered to be in violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); and“(2) be subject to the penalties described in sections 16 and 17 of such Act (29 U.S.C. 216; 217) with respect to such violation.“(c)Investigations and Collection of Data.—The Secretary of Labor or his designee may investigate and gather data to ensure compliance with this Act in the same manner as authorized by sections 9 and 11 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209; 211).

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2024–2025 · leading case: Neal v. Florida HMA Reg'l Servs. Ctr., LLC (M.D. Fla. 2024).

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Neal v. Florida HMA Reg'l Servs. Ctr., LLC (M.D. Fla. 2024). “29 U.S.C. § 5105 . As with Title VII, an action is adverse for purposes of an FMLA retaliation claim if it would dissuade a reasonable employee from engaging in FMLA-protected activity.”

Beaver v. Macomb Cnty. (E.D. Mich. 2025). “June 1, 2023) (citing 29 U.S.C. § 5105 (a)(1)). “And we use the McDonnell Douglas framework to evaluate FLSA claims involving indirect evidence of retaliation,” such as alleged in this case.”

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