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Are Liquated Damages Mandatory In FMLA Retaliation Cases?

On Behalf of | Apr 4, 2013 | Family Medical Leave Claims |

When an employer is found liable for failure to pay his or her employees minimum wages or overtime compensation, the Fair Labor Standards Act (FLSA) mandates the imposition of liquidated damages on the employer. This means that the plaintiff’s award of back-pay is doubled. However, does the FMLA also require the imposition of liquated damages after the court finds an employer liable for retaliated against an employee for complaining about his or her wages in accordance with the provisions of the FLSA? The answer, according to the Eleventh U.S. Circuit Court of Appeals, is no.

In the case Moore et al v. Appliance Direct Inc., the Eleventh Circuit held that liquidated damages in a FMLA retaliation case are discretionary. The court noted that this is the same conclusion reached by the Eighth and Sixth (the Circuit Court which encompasses the State of Ohio) U.S. Circuit Courts of Appeals. In reaching its decision, the court held that imposing liquated damages on the employer would not “effectuate the purposes of the FLSA,” which is the standard the trial court must apply in deciding whether to impose liquated damages. Therefore, the court affirmed the jury’s award of $30,000.00 to each of the case’s three defendants, saving the defendant $90,000.00.

If you believe that your employer has retaliated against you for complaining about your wages, call the attorneys at Spitz, The Employee’s Law Firm today for a free and confidential consultation.

If you even think that your employment rights have been violated or that you might need an employment lawyer, then call the right attorney to schedule a free and confidential consultation at 866-797-6040. Spitz, The Employee’s Law Firm is dedicated to protecting employees’ rights and solving employment disputes.



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