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Employee must prove ‘willful’ FLSA violation

06/30/2011

The FLSA can be a trap for employers that don’t properly classify their workers. In fact, getting classification wrong can lead to class-action lawsuits and large back-pay awards. And to confuse things even more, if the employer acted “willfully,” employees get those double awards going back three years. Now the 5th Circuit Court of Ap­peals has at least made it a little harder for employees to collect those damages for three years.

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