In June of 2009 the United States District Court for the Eastern District of Kentucky heard a case involving a Kentucky overtime Nonpayment of Wages FLSA matter for a former employee who worked as a military recruiter. (See Noble v. Serco, Inc., 2009 WL 1811550 (E.D. Ky. 2009)). The plaintiff hired a Kentucky overtime nonpayment of wages FLSA lawyer to get him his past due overtime wages. Plaintiff worked for the defendant from 2005 to 2008. He filed his Kentucky overtime nonpayment of wages FLSA complaint for himself and others similarly situated. For the foregoing reasons the court denied the defendant’s motion to dismiss.
The first issue in this Kentucky overtime nonpayment of wages FLSA case had to do with whether or not the complaint filed by the plaintiff met the minimum requirements of notice pleading to the defendants. The court after reading the Kentucky overtime nonpayment of wages FLSA complaint held that it did meet the minimum requirements. The FLSA complaint put the defendants on notice and plead facts specific enough to state a claim to relief that is plausible on its face. Id.
Next, there were a few side issues about plaintiff’s claim for altenrative relief which the court addressed and denied defendant’s motion to dismiss. And finally the court looked at plaintiff’s claims for three years of coverage as compared to the standard two years of coverage. Pursuant to the FLSA statute a two year statute of limitations on FLSA claims to recover unpaid overtime wages is used. Id. But, if the plaintiff pleads that the actions were ‘willful’ then a three year statute of limitations can be used. This is what the Kentucky overtime nonpayment of wages FLSA lawyer was going for.
“Several courts have e3hdl that a general averment of willfulness is sufficient to trigger the three year statute of limitations for an FLSA claim.” (cites omitted). Plaintiff’s general averment that the defendant “did not act in good faith in failing to pay proper overtime pay, and had no reason to believe that its failure to do so was not a violation of the FLSA…” is sufficient to satisfy the requirement of pleading a willful violation of the FLSA at this early stage of litigation. Id. (cites omitted).
Finally, the Kentucky overtime nonpayment of wages FLSA lawyer sought liquidated damages in his complaint. Liquidated damages in an FLSA case are usually awarded to the amount of overtime nonpayment that is awarded by the court or jury. But, “the imposition of liquidated damages becomes discretionary if the defendant establishes that its failure to comply with the FLSA was done both in good faith and based on a reasonable belief that its actions were in compliance with the FLSA. (cites omitted). The court is required to award liquidated damages if the plaintiff prevails on this claim and the employer cannot establish both elements.” (cites omitted).
If you have been the subject of a Kentucky overtime nonpayment of wages FLSA case, please call and speak to a Kentucky overtime nonpayment of wages FLSA lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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