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Willful violations of the FLSA may result in criminal prosecution and the violator fined up to $10,000. A second conviction may result in imprisonment.

A contractual provision requiring a party in breach to pay a pre-determined amount to the other party as compensation for the breaching party's failure to perform a specific task or comply with a particular duty or obligation.

Section 11 good-faith defense. The section 11 good-faith defense allows a judge to reduce or eliminate an award of liquidated damages if the employer shows that its actions were taken in good faith and that the employer had ?reasonable grounds for believing? its actions did not violate the FLSA. 29 U.S.C. § 260.

To avoid liquidated damages, employers must show that (1) their actions were taken in good faith and (2) they had reasonable grounds for their belief that they were complying with the FLSA. (See 29 U.S.C. § 260).

In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.

But in addition to back pay, employees may recover what are referred to as ?liquidated damages? under the 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.

I. What Are Liquidated Damages Clauses? Liquidated damages are contractual clauses used in a variety of contracts to set a fixed amount of damages to be paid in the event of a breach.

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The court shall assess such profits and damages or cause the same to be assessed under its direction. The statute of limitations for FLSA violations is two years.The employee may sue for back pay and an additional sum, up to the amount of back pay, as liquidated damages, plus attorney's fees and court costs. A 2-year statute of limitations applies to the recovery of back pay, except in the case of a willful violation, in which case a 3-year statute applies. CBA as compensation for attending the orientation session. 3.6. Other Pay Categories-Full-Time Non-Uniform Employees .

16.72 DAMAGES: WILLFUL VIOLATION

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What are the damages for willful violations of the FLSA?

What is the liquidated damages clause?

What is the FLSA good faith defense to liquidated damages?

How do you avoid liquidated damages in FLSA?

When there is a state and federal minimum wage law in place which wage is the employee entitled to?

What is the FLSA liquidated damages clause?

What is the FLSA good faith defense for liquidated damages?

What are liquidated damages clauses in employment contracts?

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