PRIA, Government Policy, Made Personal

Summary

A court can cancel or cut extra damages (liquidated damages) in Fair Labor Standards Act cases about unpaid minimum pay or overtime started before, on, or after May 14, 1947 if the employer proves he acted in good faith and reasonably believed he did not break the law. The court may give nothing or any amount up to the limit in section 216.

Title 29, §260

Labor, Source: USLM XML via OLRC

In any action commenced prior to or on or after May 14, 1947 to recover unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of the Fair Labor Standards Act of 1938, as amended, the court may, in its sound discretion, award no liquidated damages or award any amount thereof not to exceed the amount specified in section 216 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Fair Labor Standards Act of 1938, as amended, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (§ 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables.

Amendments

1974—Pub. L. 93–259 substituted “section 216 of this title” for “section 216(b) of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1974 AmendmentAmendment by Pub. L. 93–259 effective May 1, 1974, see section 29(a) of Pub. L. 93–259, set out as a note under section 202 of this title.

§260 Liquidated Damages