The Damages Sought In The Lawsuit
Under the FLSA, an employer who has improperly compensated employees for overtime hours worked is liable for two things:
- The employees' back wages, and
- The employees' attorneys fees in bringing the FLSA lawsuit.
In addition, employees are also either automatically entitled either to "liquidated damages," an amount equivalent to the back wages owed by the employer (this is why the FLSA is sometimes referred to as a "double damages" statute) or, in the alternative, to pre-judgment interest.
The lawsuit seeks damages for the compensatory time off portion of the lawsuit by demanding that the City compensate employees in cash for all hours worked for which they were initially compensated in compensatory time off.