Atlanta Employment Attorneys BlogWhen employees initiate lawsuits after separating from employment, they must typically meet certain burdens if they seek money damages, including a demonstration that they mitigated, or limited, their damages by pursuing a diligent job search. While this “duty to mitigate” damages is used routinely to limit back pay awards in discrimination cases, the defense seems to have a slightly different character in FLSA cases. In fact, courts appear to be divided as to what it actually means in FLSA litigation (and whether it applies at all). Some FLSA claims arise in cases of retaliatory termination for engaging in protected activities like demanding unpaid wages. This is analogous to both discriminatory discharge and retaliation for engaging in activities protected by discrimination laws. However, FLSA cases also present when employees have lost earnings but remain employed, and this scenario complicates the arguments for a reduction of back pay awards in FLSA suits under the theory of the plaintiff’s duty to mitigate.
Articles Posted in Discrimination
Employment Law Dictionary
Discrimination, wrongful termination, hostile work environment, retaliation. These are words that I often hear during an initial client interview. While these concepts are relevant to employment law matters, they are often misunderstood by employees and employers alike.