Liquidated Damages

Update on the 72 Hour Rule for Final Wages

by Jason Long | Dinsmore & Shohl LLP on 4/16/2013

Many of you attended Dinsmore & Shohl’s Legal Hour on February 28, 2013 "Avoiding Certain Pitfalls When Terminating an Employee”. A topic I addressed during the workshop was the “72 Hour Rule.” That is, I reminded you...more

Practice Tip: Don't Call Your Liquidated Damages Clause a "Penalty" In the Contract

by Kenneth Vanko | Clingen Callow & McLean, LLC on 4/3/2013

Readers of this blog know that I am an advocate of using liquidated damages clauses in non-compete agreements. Though not for every situation, they can help avoid the knotty problem of proving lost profits damages through...more

Liquidated Damages are Discretionary in FLSA Retaliation Case; CEO Held Individually Liable

by Emily Keimig | Sherman & Howard L.L.C. on 3/8/2013

In Moore v. Appliance Direct, Inc.,* the plaintiffs brought retaliation claims under the Fair Labor Standards Act ("FLSA"). Although the plaintiffs won on their retaliation claim, they ultimately did not recover liquidated...more

Update: Noncompete Agreements in SC are Worth More Than the Paper They're Written On

by Nexsen Pruet, PLLC on 2/27/2013

In light of the restrictive nature with which South Carolina courts have historically viewed noncompetition agreements, many people assume they are not enforceable and, in essence, “not worth the paper they’re written on.”...more

11th Circuit Case Signals Split on Law vs. Regulation vs. … Contract?

by Fuerst Ittleman David & Joseph, PL on 2/25/2013

On February 22, 2013, the U.S. Court of Appeals for the Eleventh Circuit vacated the smuggling and conspiracy convictions of two importers of allegedly tainted cheese products in the case of United States of America v. Yuri...more

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

by Steven J. Pearlman, K.M. Zouhary | Proskauer - Whistleblowing & Retaliation on 2/25/2013

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more

Eleventh Circuit Clarifies Standard for Awarding Liquidated Damages in FLSA Retaliation Cases

by Guilene F. Theodore | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/20/2013

The Eleventh Circuit Court of Appeals recently held that the standard for awarding plaintiffs liquidated damages for a retaliation claim under the Fair Labor Standards Act (FLSA) is different from that used in claims for...more

Proposed New York Bill Increases Penalties for Wage Withholding

by Lisa Lewis | Sheppard Mullin Richter & Hampton LLP on 2/15/2013

In January 2013, Democratic Assemblywoman, Annette Robinson, introduced a bill that would allow employees who are underpaid to recover up to twice the amount of wages due in liquidated damages and to seek such damages through...more

Liquidated Damages Are Not Mandatory For FLSA Retaliation Claims In Eleventh Circuit

by Scott T. Silverman | Akerman Senterfitt on 2/14/2013

Deciding an issue of first impression, in Moore v. Appliance Direct, Inc., the Eleventh Circuit has held that courts have the discretion to award liquidated damages in FLSA retaliation suits. Unlike suits for minimum wage or...more

Drafting A Takeover Agreement

by Patricia Thompson | Carlton Fields on 2/13/2013

This article discusses the issues an owner, lender, completion contractor, and surety should consider when drafting a takeover agreement. Although each of these four main parties may share the basic goal of seeing the project...more

TRANSACTIONAL: Construction: ‘Back-to-back’ – the pass-through of construction risk from project agreement through to subcontracts...

by King & Spalding on 2/11/2013

When passing risk through to various sub-contractors to a PPP or energy infrastructure project, it is important to ensure that the core sub-contracts are drafted on a ‘back-to-back’ basis with the project agreement. This...more

Although Unlikely to be Immediately Adopted Elsewhere, A Recent Tennessee Decision Regarding an Owner’s Liquidated Damage Claim...

by James Hall | Adler Pollock & Sheehan P.C. on 1/31/2013

A Tennessee Court of Appeals recently held that liquidated damages under an AIA Contract (A201 -1997 Gen. Conditions) are neither automatic nor self-executing. RCR Building Corp. v Pinnacle Hospitality Partners, 2012 WL...more

New York Considering Amendment to Labor Law § 198 That Would Double Liquidated Damages Penalty for Failure to Pay Employees’ Wages

by Jason Hyne | Cole Schotz on 1/28/2013

The New York State Assembly is considering a proposed amendment to Labor Law § 198 that would significantly increase the amount of liquidated damages that an employer must pay for failure to pay employees’ wages under certain...more

South Carolina Appellate Court: Physicians' Liquidated Damages Clauses Enforceable

by Kenneth Vanko | Clingen Callow & McLean, LLC on 1/23/2013

I have written frequently on this blog concerning the subject of liquidated damages. A pre-determined formula or amount of damages is particularly appropriate for non-compete disputes for three primary reasons....more

Construction Concepts Tip #3: Liquidated Damages

by Enza G. Boderone, Adam F. Haimo | Bilzin Sumberg Baena Price & Axelrod LLP on 12/20/2012

A recent report from McGraw-Hill Construction’s research and analytics unit reported that the total volume of construction contracts in the Miami/Fort Lauderdale area has reached $2.29 billion for the year to date, a 54...more

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