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03/25/2025

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§1002.305 What court has jurisdiction in an action against a State or private employer?

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§1002.305 What court has jurisdiction in an action against a State or private employer?

RegSense USERRA CFR Regulations Leave CFR Section USA HR Management English U.S. Department of Labor (DOL)Focus Area Human Resources

(a) If an action is brought against a State or private employer by the Attorney General, the district courts of the United States have jurisdiction over the action. If the action is brought against a State by the Attorney General, it must be brought in the name of the United States as the plaintiff in the action.

(b) If an action is brought against a State by a person, the action may be brought in a State court of competent jurisdiction according to the laws of the State.