SITE CONTENTS:

The Damages To Be Sought

Under the FLSA, an employer who has improperly compensated employees for overtime hours worked is liable for two things:

  1. The employees' back wages, and
  2. The employees' attorneys fees in bringing the FLSA lawsuit.

In addition, employees are also either entitled to "liquidated damages," an amount equivalent to the back wages owed by the employer (this is why the FLSA is sometimes referred to as a "double damages" statute) or, in the alternative, to pre-judgment interest.

The lawsuit is seeking all three forms of damages — back wages, liquidated damages, and the payment of attorney fees.