No Double Recovery Under State and Federal Wage and Hour Law in New York

Shooman, Jeff - 300dpi
Jeff Shooman

Executive Summary: In New York, with its robust state New York Labor Law (“NYLL”), one can receive liquidated damages on top of compensatory damages greater than liquidated damages under the Fair Labor Standards Act (“FLSA”).  The U.S. Court of Appeals for the Second Circuit has determined, however, that one cannot receive a double recovery under the NYLL and FLSA for liquidated damages.  That principle was reaffirmed in early October.    Continue reading