To embed, copy and paste the code into your website or blog:
In a victory for employers, the Second Circuit held that plaintiffs seeking to invoke the expansive three-year statute of limitations in the Fair Labor Standards Act (FLSA) must plead specific facts to support a claim that an employer willfully violated the law.
The FLSA statute has two limitations periods. In general, claims must be filed within two years of their occurrence. However, if an employee can show that the employer’s purported FLSA violations were willful – that the employer acted with reckless disregard for the law or was grossly negligent – the limitations period expands to three years.