Abstract
The statute of limitations for a minimum-wage or overtime violation under the Fair Labor Standards Act (FLSA) is generally two years, but extends to three years if a jury finds that an employer willfully violated the statute. Damages for an FLSA violation include unpaid minimum wages or overtime, which may be doubled as liquidated damages depending on whether the trial court judge (not a jury) finds that the employer acted in good faith. The federal courts of appeal are split on the issue of whether a jury’s finding of a willful violation precludes a judge from finding good faith. This Article argues that a jury’s positive finding of willfulness should preclude the judge’s discretion to withhold liquidated damages based on good faith.
Recommended Citation
Emily N. Litzinger,
Willfulness, Good Faith, and the Fair Labor Standards Act,
12
Nev. L.J.
112
(2011).
Available at:
https://scholars.law.unlv.edu/nlj/vol12/iss1/5