What are liquidated damages under FLSA?

What are liquidated damages under FLSA?

Under the FLSA, liquidated damages are an amount equal to the pay employees should have received. In other words, employees can recover double “back pay” damages for unpaid overtime. Employers can only avoid double damages for unpaid overtime if they can show two things.

What is protected activity under FLSA?

Under law, protected activity includes any of the following: Filing a complaint or informing any person of an employer’s or other party’s alleged violation of the Labor Code or a local ordinance, if the complaint or disclosure is made in good faith.

Which of the following acts is directed at protecting employees health care?

OSH Act of 1970 | Occupational Safety and Health Administration.

Which federal law protects employees from retaliation?

The Occupational Safety and Health Act (OSHA) and similar state laws. Employees who report workplace hazards are protected from employer retaliation.

What does a liquidated damages clause do?

What Are Liquidated Damages? Liquidated damages are presented in certain legal contracts as an estimate of otherwise intangible or hard-to-define losses to one of the parties. It is a provision that allows for the payment of a specified sum should one of the parties be in breach of contract.

What happens if you are a victim of retaliation under FLSA?

An employee who is the victim of FLSA retaliation is entitled to generous remedies. As with most similar laws, an employee is entitled to recover his or her lost wages and benefits suffered as a result of the firing. These damages may be doubled under the FLSA’s liquidated damages clause.

What are liquidated damages under the FLSA?

These damages may be doubled under the FLSA’s liquidated damages clause . Thus, if the employee’s lost wages are $50,000, he or she may recover up to $100,000.

What happens if a FLSA violation is later proven inaccurate?

And even if the plaintiff’s claim of FLSA violations is later proven inaccurate, he or she is still protected so long as the complaint was made in good faith. An employee who is the victim of FLSA retaliation is entitled to generous remedies.

Can I recover damages for unlawful termination under the FLSA?

The Fifth Circuit Court of Appeals has recently held that an employee may recover emotional distress damages relating to an unlawful termination under the FLSA. Other courts have held that punitive damages may be appropriate as well.