Eleventh Circuit Upholds District Court's Discretion To Deny Liquidated Damages In FLSA Retaliation Claims

The Eleventh Circuit Court of Appeals issued a decision last week that could substantially reduce the amount of damages available for FLSA retaliation claims.  In Moore, et al. v. Pak, an Eleventh Circuit panel held that district courts in that circuit (Alabama, Florida and Georgia) have the discretion to deny liquidated damage awards to plaintiffs who prevail on FLSA retaliation claims, even if the defendant does not offer evidence that it acted in good faith.  In so holding, the panel followed decisions in the Sixth Circuit (Kentucky, Michigan, Ohio and Tennessee) and Eighth Circuit (Arkansas, Dakotas, Iowa, Minnesota, Missouri and Nebraska) Courts of Appeals, and rejected contrary authority issued by the Fifth (Louisiana, Mississippi and Texas) and Seventh (Illinois, Indiana and Wisconsin) Circuits

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