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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

34 Pa. Code § 321.8. Judicial review and enforcement.

§ 321.8. Judicial review and enforcement.

 (a)  Appellate review.

   (1)  A person aggrieved by a final determination of the Department under sections 11 and 14 of the act (35 P. S. § §  7311 and 7314) may file a petition for review within 30 days of determination in Commonwealth Court, 42 Pa.C.S. §  763(a) (relating to direct appeals from government agencies).

   (2)  The decision of the Department may not be reversed or modified, unless the decision is found to be arbitrary, capricious, illegal or not supported by substantial evidence.

 (b)  Original action.

   (1)  An aggrieved person may bring a civil action in the appropriate court of common pleas on his own behalf against an employer or supplier for a violation of the act, except section 11 of the act (35 P. S. §  7311), or Chapter 317 (relating to trade secrets) or may bring suit in Commonwealth Court against the Department for failure to enforce the act or this part.

   (2)  Where the action involves the rights of more than one employe, a certified or recognized collective-bargaining representative has standing to sue on behalf of the employes.

   (3)  The court may issue, whenever it deems appropriate, a preliminary, permanent or special injunction.

   (4)  Under no circumstances may the act or this part be construed to require, and under no circumstances may a court award compensatory and liquidated damages, costs and expenses of litigation, including expert witness fees and reasonable attorney fees.

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