March 3, 2018 / 1:01 AM / a year ago

FLSA plaintiffs not required to allege willfulness in pleadings - 10th Circ.

A federal appeals court on Friday revived wage-and-hour claims against a Denver cleaning company, ruling that the plaintiffs were not required to allege in their complaint that the violations they were suing over were willful in order to qualify for an extended statute of limitations period under federal wage law.

A unanimous three-judge panel of the 10th U.S. Circuit Court of Appeals said Clean House could not have the claims dismissed at the pleading stage for failure to state timely claims. Defendants seeking dismissal of Fair Labor Standards Act claims on statute-of-limitations grounds typically must raise it as an affirmative defense on summary judgment, then plaintiffs have to prove willfulness to overcome that defense, the panel said.

To read the full story on Westlaw Practitioner Insights, click here:

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