Eleventh Circuit Advances Circuit Split, Holds that Liquidated Damages in FLSA Retaliation Case Are Discretionary | Practical Law
In Moore v. Appliance Direct, Inc., the US Court of Appeals for the Eleventh Circuit joined the Sixth and Eighth Circuits in holding that the retaliation provision (Section 216(b)) of the Fair Labor Standards Act of 1938 (FLSA) creates a separate discretionary standard of damages for retaliation claims, and therefore gives the district court discretion whether to award liquidated damages.