The FMLA and Overtime Damages

September 7th, 2012 by JBWK

A helpful reminder in valuing backpay under the FMLA: Don’t forget overtime.

A recent federal appeals court ruled that a former employee–who was fired in violation of the Family and Medical Leave Act–could recover overtime wages as part of his remedy. The trial court allowed an average of 6.5 hours of overtime per week for 125 weeks based on the employee’s payroll records.

The overtime alone rung up to over $20,000.

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