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Moore v. Appliance Direct, Inc. (11th Cir., No. 11-15227, 2/13/13)

Articles Discussing Case:

Liquidated Damages for FLSA Retaliation Claims: Appropriate or Not?

Phelps Dunbar LLP • February 19, 2013
In Moore v. Appliance Direct, Inc. (11th Cir., No. 11-15227, 2/13/13), the Eleventh Circuit held that an award of liquidated damages for a retaliation claim under the Fair Labor Standards Act ("FLSA") is discretionary, not mandatory. In March 2008, plaintiffs, delivery truck drivers, filed suit against their employer, Appliance Direct, Inc., and its Chief Executive Officer, Sei Pak, alleging violations of the overtime provisions of the FLSA. Prior to and during the pendency of the overtime lawsuit, Appliance Direct began changing the employment status of its delivery drivers from employees to independent contractors. Although other delivery drivers formerly employed by Appliance Direct received offers to become independent contractors, those delivery drivers involved in the overtime lawsuit did not receive offers and their employment was terminated. As a result, plaintiffs filed a second action alleging that Appliance Direct and Pak violated the anti-retaliation provision of the FLSA by retaliating against them for filing the overtime lawsuit.