20 C.F.R. § 1002.305 What court has jurisdiction in an action against a State or private employer?
Title 20 - Employees' Benefits
(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. (c) If an action is brought against a private employer or a political subdivision of a State by a person, the district courts of the United States have jurisdiction over the action. (d) An action brought against a State Adjutant General, as an employer of a civilian National Guard technician, is considered an action against a State for purposes of determining which court has jurisdiction.
Title 20: Employees' Benefits
PART 1002—REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994
Subpart F—Compliance Assistance, Enforcement and Remedies
Enforcement of Rights and Benefits Against a State or Private Employer
§ 1002.305 What court has jurisdiction in an action against a State or private employer?
