Tag Archives: Liquidated Damages
S.D.Fla.: Defendants Did Not Moot FLSA Case By Tender of Unpaid Wages and Liquidated Damages Without Attorneys Fees and Costs
Diaz v. Jaguar Restaurant Group, LLC In the first post-Dionne II case, a court in the Southern District has denied an FLSA defendants’ motion to dismiss based on tender of unpaid wages and liquidated damages, absent payment of attorneys fees … Continue reading
Filed under Attorney's Fees
M.D.Fla.: Defendant Does Not Moot FLSA Case By Tender of Unpaid Wages/Liquidated Damages, Absent Payment of Reasonable Attorneys Fees and Costs
Klinger v. Phil Mook Enterprises Following the recent 11th Circuit decision Dionne v. Floormasters, the blogosphere has been abuzz with articles positing that the decision gave employers the green light to engage in wholesale wage theft and take a wait … Continue reading
Filed under Offer of Judgment, Settlements
10th Cir.: FLSA Defendant Who Simultaneously Relied Upon and Rejected Advice of Counsel Committed Willful Violation of FLSA; 3 Year SOL Applied
Mumby v. Pure Energy Services (USA), Inc. Following an award of summary judgment to the plaintiffs, which held that defendant’s violation of the Fair Labor Standards Act (FLSA) was willful, for both liquidated damages and statute of limitations purposes, the … Continue reading
Filed under Liquidated Damages, Willfulness
N.D.Cal.: Undocumented Worker’s Submission Of False Documents To Obtain Employment Has No Bearing On FLSA Claims For Unpaid Wages Or Liquidated Damages
Ulin v. Lovell’s Antique Gallery This case was before the Court on the parties’ cross motions for summary judgment on a variety of issues. As discussed here, the Defendants asserted that the Plaintiff, an undocumented immigrant, was not entitled to … Continue reading
Filed under Immigration Status, Liquidated Damages
E.D.Pa.: Where Plaintiff Received Partial Liquidated Damages, Prejudgment Interest Due On The Remaining Unpaid Wages
Gonzalez v. Bustleton Services, Inc. This case was before the Court on Plaintiffs’ Motion for an Award of Prejudgment Interest, subsequent to the Court’s holding that Defendant had violated the FLSA. In its Order regarding liability, the Court awarded liquidated … Continue reading
Filed under Liquidated Damages
5th Cir.: Defendants’ Purported Day-Rates Were Impermissible Where They Made Deductions For Partial Days Worked
Solis v. Hooglands Nursery, L.L.C. This is an appeal from the district court’s order granting summary judgment for Plaintiff on behalf of various employees of Defendants. The district court held that the Defendants violated the overtime and record-keeping provisions of … Continue reading
Filed under Day Rates, Liquidated Damages, Work Time
S.D.Fla.: Where Defendant Demonstrated Subjective Component Of Good Faith, But Failed To Show Objective Good Faith, Liquidated Damages Appropriate
Wajcman v. Investment Corp. of Palm Beach Following a verdict in favor of Plaintiffs, on their claims that Defendant violated the FLSA, by illegally allowing certain employees to share in the tip pooling, the issue before the Court was whether … Continue reading
Filed under Liquidated Damages
S.D.N.Y.: Despite Evidence Of Good Faith, Court Constrained By Jury’s Finding Of Willfulness As To Defendants’ FLSA Violation; Liquidated Damages Due
Scott v. City of New York Over fifteen thousand current and former New York City police officers and detectives (Plaintiffs) asserted that the City of New York and the New York City Police Department (“Defendants”) systematically violated plaintiffs’ overtime rights … Continue reading
Filed under Liquidated Damages
11th Cir.: Employer’s Payment Of Wages 7-8 Days After Pay Period Ended Not FLSA Violation; No Liquidated Damages Due
Benavides v. Miami Atlanta Airfreight, Inc. Plaintiffs sought liquidated damages for untimely payment of their wages under the FLSA. The crux of Plaintiffs’ complaint was that Airfreight’s policy of paying its employees seven to eight days after the pay-period ended-without … Continue reading
Filed under Liquidated Damages
