; or (ii) is investigating a charge under paragraph (4). (D) Subpoena authority For the purposes of any investigation under this paragraph, the Secretary shall have the subpoena authority provided under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (3) Civil action by direct care professionals (A) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against a covered entity by one or more direct care professionals, or a representative for and on behalf of the direct care professionals and any other direct care professionals that may be similarly situated. (B) Liability A covered entity that violates this subtitle shall be liable to a direct care professional aggrieved by the violation, except as provided in subparagraphs (C) and (D), for— (i) damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained, or the costs reasonably related to damage to or loss of property, or any other injury to the person, reputation, character, or feelings, sustained by a direct care professional as a direct result of the violation, or any injury to another person sustained as a direct result of the violation, by the covered entity; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; (III) an additional amount as liquidated damages; and (IV) such other legal relief as may be appropriate; (ii) such equitable relief as may be appropriate, including employment, reinstatement, and promotion