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Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was not entitled to the FLSA’s extended, three-year statute of limitations. Therefore, as his claim was filed well after the standard two-year limitations period for such claims had expired, the trial court properly dismissed the claim.
Whiteside v. Hover-Davis, Inc., 2021 U.S. App. LEXIS 12415 (2d Cir. Apr. 27, 2021). In so ruling, the Second Circuit resolved a split within its own district courts and joined with the Sixth Circuit Court of Appeals in an existing circuit court split with the Tenth Circuit. The Second Circuit has jurisdiction over federal courts in New York, Connecticut, and Vermont.
Thursday, April 29, 2021
Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was not entitled to the FLSA’s extended, three-year statute of limitations. Therefore, as his claim was filed well after the standard two-year limitations period for such claims had expired, the trial court properly dismissed the claim.
Whiteside v. Hover-Davis, Inc., 2021 U.S. App. LEXIS 12415 (2d Cir. Apr. 27, 2021). In so ruling, the Second Circuit resolved a split within its own district courts and joined with the Sixth Circuit Court of Appeals in an existing circuit court split with the Tenth Circuit. The Second Circuit has jurisdiction over federal courts in New York, Connecticut, and Vermont.
Friday, April 30, 2021
On April 27, 2021, the Second Circuit Court of Appeals held in a two to one decision that a plaintiff seeking to recover damages under the Fair Labor Standards Act’s (FLSA’s) extended three-year limitations period for willful violations must do more than make a blanket allegation of “willfulness” to sustain a claim at the initial pleading stage. The case,
The background facts are straightforward. Plaintiff-appellant Mark Whiteside worked for Hover-Davis as a Quality Engineer, an exempt salaried position. In January 2012, Whiteside’s duties changed, and he began performing the duties of a non-exempt Repair Organization Technician, working between 45 to 50 hours a week. Whiteside’s pay rate was not reduced when his duties changed, nor did he receive overtime compensation. After his employment terminated for economic reasons, Whiteside filed suit alleging various claims, including FLSA violations.
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In a victory for employers, the Second Circuit held that plaintiffs seeking to invoke the expansive three-year statute of limitations in the Fair Labor Standards Act (FLSA) must plead specific facts to support a claim that an employer willfully violated the law.
The FLSA statute has two limitations periods. In general, claims must be filed within two years of their occurrence. However, if an employee can show that the employer’s purported FLSA violations were willful – that the employer acted with reckless disregard for the law or was grossly negligent – the limitations period expands to three years.
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