Stone v. Troy Construction, LLC, ___ F.3d ___ (3d Cir. 2019)

Third Circuit clarifies FLSA willfulness standard.

In this Fair Labor Standards Act (FLSA) class action, the District Court granted summary judgment in favor of the defendant, applying a two-year statute of limitations because the judge found no willful violation of the FSLA. Under the FLSA, “[w]hether a violation is willful determines the length of the applicable statute of limitations.” In an opinion by Judge Jordan, the Third Circuit reversed. The panel held that the District Court had applied an incorrect standard in making its willfulness determination, which made its invocation of the two-year statute erroneous. The Third Circuit clarified that the FLSA “willfulness” standard is one of reckless disregard and does not require a showing of “egregious” or malevolence. 


Case Law Alerts, 4th Quarter, October 2019

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