29 U.S.C. § 663
Representation in civil litigation
Except as provided in section 518(a) of title 28 relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this chapter but all such litigations shall be subject to the direction and control of the Attorney General.
Notes of Decisions
Cited in 9
cases, 1978–2020 · leading case: State Fair v. United States Consum. Prods. Saf. Comm'n, 481 F. Supp. 1070 (N.D. Tex. 1979).
State Fair v. United States Consum. Prods. Saf. Comm'n, 481 F. Supp. 1070 (N.D. Tex. 1979). “While the Solicitor of Labor was authorized to appear on behalf of the Secretary “in any civil litigation brought under [OSHA],” see 29 U.S.C. § 663 , the court held that this provision did not expand the category of suits which the Secretary could bring.”
Marshall v. Gibson's Prods., Inc. of Plano, 584 F.2d 668 (5th Cir. 1978). “It is contended, however, that section 14 of OSHA, 29 U.S.C. § 663 (1976), does grant the Secretary general authority to enforce the Act.”
Marshall v. Sun Petroleum Prods. Co., 622 F.2d 1176 (3rd Cir. 1980). “29 U.S.C. § 663 . The Commission is not so entitled.”
Acosta v. Oskoui, 692 F. App'x 908 (9th Cir. 2017). “§ 3106 (head of agency may employ counsel to conduct litigation “as authorized by law”); 29 U.S.C. § 663 (authorizing Solicitor of Labor to “appear for and represent the Secretary in any civil litigation brought under this chapter”); Chen v.”
(PS) Warfield v. United States Air Force (E.D. Cal. 2020). “§§201-209 Fair Labor Act; 29 U.S.C. § 663 18 Labor Management Relations.”
(PS) Warfield v. United States Air Force (E.D. Cal. 2020). “at 29-30 . 20 As to defendant Military Police Kirkland, plaintiff alleges Kirkland violated the Military 21 Police Professional Code of Conduct and the “National Security Defense Act R.”
Potential Litig. Between the Dep't of Labor & the United States Postal Serv. (OLC 2011). “This request is consistent with 29 U.S.C. § 663 (2006), which authorizes the Solicitor of Labor to litigate civil actions under OSHA, but makes that authority “subject to the direction and control of the Attorney General.”
Application of the Davis-Bacon Act to Urban Dev. Projects That Receive Partial Fed. Funding (OLC 1987). “§ 555 , the solicitor has no general litigating authority; his authority is narrowly drawn, see 29 U.S.C. § 663 (representation of the Secretary of Labor in occupational safety and health litigation); 29 U.”
Auth. of the Special Couns. of the Merit Sys. Prot. Bd. to Litigate & Submit Legislation to Cong. (OLC 1984). “g , 29 U.S.C. § 663 (granting the Solicitor o f Labor authority to bring actions under the Occupational Safety and Health A ct of 1970, “subject to the direction and control o f the A ttorney G eneral”); 49 U.”
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