Reviewing a district court’s dismissal of FLSA claims which were not timely filed within the FLSA’s two-year limitations period for non-willful violations, the Court of Appeals for the Second Circuit found no error in the lower court’s two findings that: 1) plaintiff failed to create a question of fact as to willfulness in order to
tolling
New York Judge Rejects Creative Tolling Argument Following Evidentiary Hearing
By Noel P. Tripp on
Posted in Litigation
Employment practitioners and HR professionals are aware that the limitations period under the Fair Labor Standards Act is two years, extended to three years in the case of “willful” violations under 29 U.S.C. § 255. Further, an individual’s claim under the FLSA generally is measured from the date of the filing of his or her complaint…