U.S. Code » Title 29 » Chapter CHAPTER 9— PORTAL-TO-PORTAL PAY

29 U.S.C. § 260

Liquidated damages

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In any action commenced prior to or on or after May 14, 1947 to recover unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of the Fair Labor Standards Act of 1938, as amended, the court may, in its sound discretion, award no liquidated damages or award any amount thereof not to exceed the amount specified in section 216 of this title.

Notes of Decisions
Cited in 1,115 cases (286 in the last 5 years), 1947–2026 · leading case: Perez v. Sanford-Orlando Kennel Club, Inc., 515 F.3d 1150 (11th Cir. 2008).
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Perez v. Sanford-Orlando Kennel Club, Inc., 515 F.3d 1150 (11th Cir. 2008). · cites it 5× “The court was satisfied that this was enough to show that they had acted in good faith for purposes of 29 U.S.C. § 260 , even though the jury, in connection with the statute of limitations issue, had found that their violations of the FLSA had been willful (“either knew or…”
Andrew P. KELLY, Plaintiff-Appellee, v. Am. Stand., INC., a Foreign Corp., Defendant-Appellant, 640 F.2d 974 (9th Cir. 1981). · cites it 8× “§ 626 (b), and further finding that the “good faith” defense of 29 U.S.C. § 260 applied. American appeals the trial court’s award of prejudgment interest to Kelly.”
Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., Defendants, 600 F.2d 1003 (1st Cir. 1979). · cites it 4× “These two sections of the FLSA have been amended by Section 11 of the Portal-to-Portal Pay Act, 29 U.S.C. § 260 . Defendants argue that Section 11 therefore also is incorporated by reference into the ADEA.”
Shea v. United States, 976 F.3d 1292 (Fed. Cir. 2020). · cites it 6× “at 337–40; see 29 U.S.C. § 260 . The trial court issued its decision on May 31, 2019 and a final judgment under Rule 54(b) of the Court of Federal Claims Rules on June 6, 2019.”
Lorillard v. Pons, 434 U.S. 575 (1978). · cites it 2× “84 , which, inter alia, grants courts authority to deny or limit liquidated damages where the “employer shows to the satisfaction of the court that *582 the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act…”
Tryco Enter. Inc., Sharon C. Dixon, James Dixon, Crown Staffing, Inc. & Troy Keith Dixon v. James A. Robinson, 390 S.W.3d 497 (Tex. App. 2012). · cites it 4× “8 29 U.S.C.S. § 260 (LexisNexis 2010) (emphasis added); Mireles, 899 F.”
Maria Mireles, Cross-Appellees v. Frio Foods, Inc., Cross-Appellant, 899 F.2d 1407 (5th Cir. 1990). · cites it 4× “00 under 29 U.S.C. § 260 and to apply the two, rather than three, year statute of limitations in the FLSA.”
Alvarez v. IBP, Inc., 339 F.3d 894 (9th Cir. 2003). · cites it 2× “§ 260 , courts need not award liquidated damages in every instance; instead, courts retain discretion to withhold a liquidated damages award, or to award less than the statutory liquidated damages total, where an employer shows that, “despite the failure to pay appropriate…”
Fermin v. Las Delicias Peruanas Restaurant, Inc., 93 F. Supp. 3d 19 (E.D.N.Y 2015). · cites it 2× “’ ” Begum, 2015 WL 223780 at *2 (quoting 29 U.S.C. § 260 ). “The employer’s burden is ‘a difficult one,’ and ‘double damages are the norm and single damages the exception.”
Reinaldo Ramon Lamonica v. Safe Hurricane Shutters, Inc., 711 F.3d 1299 (11th Cir. 2013). · cites it 2× “29 U.S.C. § 260 . However, unpaid wages must be awarded regardless of the employer’s good faith.”
John W. ROSE, Plaintiff-Appellee, v. the Nat'l CASH REGISTER Corp., Defendant-Appellant, 703 F.2d 225 (6th Cir. 1983). · cites it 4× “, 1947 to recover unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended, if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and…”
Elaine L. Chao, Sec'y of Labor v. A-One Med. Servs., Inc. Alt. Rehab. Home Healthcare, Inc. Lorraine Black & Hanahn Korman, 346 F.3d 908 (9th Cir. 2003). · cites it 2× “Fourth, the Appellants argue that they had a good faith defense, making liquidated damages inappropriate under 29 U.S.C. § 260 . Finally, the Appellants argue that any claim two of the employees had is barred by res judicata, since those two employees had earlier pursued, and…”
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