20 CFR 1002.305
§ 1002.305 What court has jurisdiction in an action against a State or private employer?
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 1002.305, § 1002.305 What court has jurisdiction in an action against a State or private employer?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/82648
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.