What are liquidated damages?
These are damages an employee may be entitled to receive if he or she brings a successful claim. The amount of damages are defined by the FLSA law as being double the unpaid wages due to the employee. Thus, if an employee is awarded $10,000 in unpaid wages, he or she may be entitled to get an additional $10,000 as liquidated damages, bringing the total recover to $20,000. These damages are essentially awarded in stead of lost interest. An employer can avoid paying liquidated damages only if it shows that it acted in good faith and that it had a reasonable basis to believe its practices complied with the law. “Good faith” has a special meaning under the FLSA, and requires that employers have made specific investigation into the application of the FLSA to the particular situation.
The FLSA provides that a successful employee is usually entitled to double the amount of unpaid back wages, called “liquidated damages.” Essentially, liquidated damages are in lieu of interest. An employer can avoid paying liquidated damages only if it shows that it acted in good faith in failing to pay for off the clock work, and that it had a reasonable basis to believe that it need not pay for off the clock work. “Good faith” has a special meaning under the FLSA, and requires that employers have made specific investigation of the application of the FLSA to particular types of employees. Liquidated damages are the rule, not the exception. Employees are normally entitled to liquidated damages.
The FLSA provides that a successful plaintiffs are usually entitled to double the amount of unpaid back wages, called “liquidated damages.” Essentially, liquidated damages are in lieu of interest. An employer can avoid paying liquidated damages only if it shows that it acted in good faith in failing to pay for off the clock work, and that it had a reasonable basis to believe that it need not pay for off the clock work. “Good faith” has a special meaning under the FLSA, and requires that employers have made specific investigation of the application of the FLSA to particular types of employees. Liquidated damages are the rule, not the exception. Employees are normally entitled to liquidated damages.
The Fair Labor Standards Act (FLSA) and comparable state laws regulate wage rates, overtime pay and hours of work. If your employer violates the wage and hour laws or takes an adverse action against you for asserting your rights under those laws, among the remedies available to you is an award liquidated damages if you claim lost or unpaid wages, including those for minimum wage or overtime violations. Liquidated damages are an award of damages that is similar to a penalty assessed against the employer for violating the law. Under the FLSA, an award of liquidated damages is equal to the amount of any award for lost or unpaid wages. For this reason, it is often referred to as “double damages” or “double back pay.” In order to recover liquidated damages, you must prove that your employer willfully violated the law. This is not necessarily a difficult burden. While courts are not required to award liquidated damages, most courts will presume that the employer’s violation was willful and t
A. The FLSA provides that a successful employee is usually entitled to double the amount of unpaid back wages, called “liquidated damages.” Essentially, liquidated damages are in lieu of interest. An employer can avoid paying liquidated damages only if it shows that it acted in good faith in failing to pay for off the clock work, and that it had a reasonable basis to believe that it need not pay for off the clock work. “Good faith” has a special meaning under the FLSA, and requires that employers have made specific investigation of the application of the FLSA to particular types of employees. Liquidated damages are the rule, not the exception. Employees are normally entitled to liquidated damages.
