Ojeda-Sanchez v. Bland Farms, LLC, No. 11-13835 (11th Cir. Nov. 29, 2012)
Articles Discussing Case:
Eleventh Circuit Affirms Plaintiffs Did Not Show Willfulness Under FLSA Despite Employer Being Sued
Phelps Dunbar LLP • December 19, 2012
The statute of limitations for a lawsuit under the Fair Labor Standards Act ("FLSA") is two years, unless the plaintiff proves that the employer's conduct was willful, in which case the limitations period is three years. See 29 U.S.C. § 255(a). Conduct is willful if the employer knew its conduct violated the FLSA or showed reckless disregard for compliance with the FLSA. See McLaughlin v. Richland Shoe Co., 486 U.S. 128 (1988).