2nd Circuit Rules Plaintiffs Must Plausibly Allege A Willful Violation To Benefit From Extended Statute Of Limitations In Wage Claims
By EsqSocial Corporation 07/05/21
The federal appeals court that has jurisdiction over New York employers recently issued a decision holding that a plaintiff must plausibly allege “willfulness” to secure the benefit of the longer three-year limitations period for willful violations of the Fair Labor Standards Act (FLSA). The decision means that, at the pleadings stage, a plaintiff cannot merely pepper their complaint with the word “willfulness” to obtain the exception – they must actually allege facts that create a plausible...
By: Fisher Phillips