Second Circuit Holds FLSA Plaintiff Must Plausibly Plead Willfulness to Benefit from Three-Year Statute of Limitations | Practical Law
In Whiteside v. Hover-Davis, Inc., the Second Circuit held that a mere allegation of willfulness is insufficient to allow a Fair Labor Standards Act (FLSA) plaintiff to benefit from the extended three-year statute of limitations for willful violations of the FLSA at the pleadings stage.