8-G | WHAT RELIEF IS AVAILABLE UNDER THE FLSA?

1) Individual private suit.

a) Recovery of unpaid minimum wage/overtime compensation.

b) Liquidated damages discretionary subject to employer good faith defense/employer had an honest intention to ascertain and follow the dictates of the FLSA/advice of counsel insulates employer from liquidated damages but not from charge of willful violation. Hill v. J.C. Penney Co., Inc., 688 F.2d 370 (5th Cir. 1982).

c) Costs and attorneys fees.

d) Employment, reinstatement, promotion. Potence v. Hazelton Area Sch. Dist., 357 F.3d 366 (3rd Cir. 2004).

2) Employee may sue on behalf of “similarly situated” employees.

3) Wage suits by Secretary of Labor on behalf of employees

a) Wage recovery: Back wage recovery is limited to going back 2 years, except that a plaintiff may go back 3 years where the violation is found to be willful.

b) Injunctive relief.

American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006