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Gortat v. Capala Brothers, Inc., No. 14-3304-cv (July 29, 2015)

Articles Discussing Case:

Can a Prevailing Plaintiff Recover Expert Fees? The Second Circuit Says “No”

Ogletree Deakins • October 26, 2015
The Second Circuit Court of Appeals recently ruled that expert witness fees are not recoverable under the Fair Labor Standards Act (FLSA). In Gortat v. Capala Brothers, Inc., No. 14-3304-cv (July 29, 2015), the Second Circuit ruled in a class action case filed by five former employees who sought unpaid wages and overtime compensation. In May of 2013, a jury found for the workers. In pertinent part, the district court ordered the employer to reimburse the workers for more than $10,000 that they had spent to retain an accounting expert used during trial.