Damages for violation (FLSA)
Back damages
Proof of damages

What damages can employees recover under the flsa?

OVERTIME PAY CASES

Under the FLSA, backpay damages equal the difference between what an employee would have been paid for overtime hours had the employer complied with the FLSA and the amount that the employee actually received as payment, if anything, for working overtime. In addition, liquidated damages equal to the amount of backpay are owed unless the employer is able to prove that it acted in good faith. In cases in which liquidated damages are not awarded, prejudgment interest is recovered in most cases. The recovery of attorneys' fees and costs from the employer is mandatory under the FLSA.

Most state overtime laws prescribe similar or identical remedies.

ANTI-RETALIATION REMEDIES

In addition to the remedies that are available in an overtime case, in a retaliation case, injunctive relief and front pay are available. Injunctive relief is the court ordering an employer to refrain from certain conduct or ordering it to engage in certain conduct. Front pay is pay which is an estimate of how much in benefits and money an employee would have received in the future had he not been retaliated against.

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How far back can damages be obtained?

There is a two year statute of limitations that applies to FLSA overtime claims which is extended to three years if it is proven that the employer "willfully" violated the law. This means that if you filed a case today, you would be able to recover back overtime pay going back two years and possibly three years from today.

Most state overtime laws follow the FLSA recovery period, though some are longer.

WARNING! Filing a wage and hour complaint with the U.S. Department of Labor (DOL) does not toll the statute of limitations! For example, if you file a complaint with DOL today and DOL takes a year to investigate your claim without taking any action, you have lost a year of backpay. If you then decide to pursue a case on your own or DOL takes your case to court, the statute of limitations will be determined by going back two years from the date your complaint is filed in court (three years for a willful violation).

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How do employee's prove damages? Do they have to keep their payroll records?

The FLSA requires employers to keep accurate payroll records of employees' work hours and the amounts paid to them. This is true even for employees who the employer thinks are excluded from the overtime laws. If an employer fails to maintain records, the courts rely on employees' reasonable estimates of their work time that is provided through employee testimony or written documentation.

Obviously, if an employee has maintained his or her payroll records that is very helpful. However, if an employee does not have pay records, and the employer does not either, the courts will usually credit the employee's recollection of work time.

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