On April 27, 2021, the Second Circuit Court of Appeals held in a two to one decision that a plaintiff seeking to recover damages under the Fair Labor Standards Act’s (FLSA’s) extended three-year limitations period for willful violations must do more than make a blanket allegation of “willfulness” to sustain a claim at the initial pleading stage. The case, Whiteside v. Hover-Davis, Inc., Case No. 20-798 (2nd Cir. April 27, 2021), settled a dispute among Second Circuit district courts on the issue, while deepening a circuit split, and is welcome news for employers.

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