How to Calculate Damages under the FLSA - VLF Video Educational Series
Vlf Video Educational Series – How to Calculate Damages Under the Flsa
Charles Vethan: Hello and welcome to the next installment of the VLF Video Educational Series. Today’s topic is calculating damages out of the Fair Labor Standards Act for the FLSA. My name is Charles Vethan.
Joseph Colvin: I’m Joseph Colvin.
Joseph Lanza: I’m Joseph Lanza.
Charles: So Joseph under calculating damages on the FLSA on our last series we’ve addressed what the work week was and a recordkeeping requirement. What are some damages that are available to an employee under the FLSA?
Joseph C.: Well, there are several categories. The obvious category is the amount of overtime they are actually owed for the services the rendered on a week by week basis. In addition to that, the court can award what’s called Liquidated Damages, which could be the amount equal to the actual damages, which basically doubles the dollar value attorney’s fee are coverable under FLSA, which can be significant. Finally, there’s a chance for plaintiff under certain conditions to extend the statute of limitation, which basically increases the time period for which they can recover.
Charles: So Joe Lanza, what are the requirements for a court to extend the statute of limitations from two years to three years?
Joseph L.: The statute of limitations is a time in which you can bring in your lawsuit. If you wait too long, the court or the statute of limitations bars you from filing a lawsuit. Generally in an FLSA case, the statue of limitations is two years.