; 215(a)(3)), respectively. (2) Violations (A) Section 3 An air carrier employer that violates section 3 shall— (i) be considered to be in violation of section 18D of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218d ); and (ii) be subject to the penalties described in sections 16 and 17 of such Act ( 29 U.S.C. 216 ; 217) with respect to such violation. (B) Section 4 An air carrier employer that violates section 4 shall— (i) be considered to be in violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(3) ); and (ii) be subject to the penalties described in sections 16 and 17 of such Act ( 29 U.S.C. 216 ; 217) with respect to such violation. (b) Private right of action An action alleging a violation of section 3 or 4 may be maintained against an air carrier employer in any Federal or State court of competent jurisdiction by an employee who is a crewmember or a representative of such employee for and on behalf of the employee, or the employee and others similarly situated, in the same manner, and subject to the same remedies (including attorney's fees and costs of the action), as an action brought under section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ) by an employee alleging a violation of section 18D or 15(a)(3) of such Act ( 29 U.S.C. 218d ; 215(a)(3)), respectively. 7. Effective date This Act shall take effect on the date that is 180 days after the date of enactment of this Act.