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Share 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...

To embed, copy and paste the code into your website or blog: 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 d...

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...

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,...

To embed, copy and paste the code into your website or blog: 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 ...