What damages can an employee recover under the FLSA?
A. OVERTIME PAY CASES: Under the FLSA, back pay 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 back pay 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. B. 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
