; and (II) in the second sentence, by striking Civil penalties and inserting Except as provided in subsection (f)(3)(B), civil penalties ; and (C) by adding at the end the following: (f) Private right of action for penalties (1) In general Notwithstanding any other provision in this Act, an employee that is affected by a violation of a provision of this Act for which a civil penalty may be assessed by the Secretary under this Act may, subject to paragraph (2), bring a civil action in accordance with subsection (b) for the recovery of the amount of the penalty on behalf of the employee and any other employees similarly situated (subject to the requirements for being a party plaintiff under such subsection). (2) Notice (A) In general Prior to filing the civil action described in paragraph (1), the employee filing such action shall file with the Secretary a notice of— (i) the complaint of the employee