FLSA’s Extended Limitations Period Requires Plausible Factual Pleadings, Second Circuit Holds
By EsqSocial Corporation 30/04/21
Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was not entitled to the FLSA’s extended, three-year statute of limitations. Therefore, as his claim was filed well after the standard two-year limitations period for such claims had expired, the trial court properly dismissed the claim. Whiteside v. Hover-Davis, Inc., 2021 U.S. App. LEXIS 12415 (2d Cir. Apr. 27, 2021)......
By: Jackson Lewis P.C.