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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Photo of Robert Goldich Robert Goldich

Robert M. Goldich has 40 years of experience as both a traditional labor lawyer and an employment lawyer and litigator, with a focus on complex employment and class action litigation. His nationwide practice includes the trial of cases involving claims under Title VII…

Robert M. Goldich has 40 years of experience as both a traditional labor lawyer and an employment lawyer and litigator, with a focus on complex employment and class action litigation. His nationwide practice includes the trial of cases involving claims under Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act, Equal Pay Act, Americans with Disabilities Act, Multi-Employer Pension Plan Amendment Act, wrongful discharge, whistleblower and employment tort actions, and enforcement of restrictive covenants, confidentiality agreements and trade secrets. Bob has been lead counsel in many class and collective actions alleging violations of ERISA, the Fair Labor Standards Act, and state wage and hour laws. Bob also negotiates union contracts, and represents employers in NLRB matters and labor arbitrations. Bob’s clients include Fortune 100 companies, smaller and entrepreneurial businesses, and higher education and health care institutions.

Photo of Noel A. Lesica Noel A. Lesica

Noel A. Lesica advises clients on a wide range of employment law issues, representing employers before administrative agencies and state and federal courts. Noel brings to her practice the added perspective gained from her deep in-house experience in the pharmaceutical industry, where she

Noel A. Lesica advises clients on a wide range of employment law issues, representing employers before administrative agencies and state and federal courts. Noel brings to her practice the added perspective gained from her deep in-house experience in the pharmaceutical industry, where she helped clients manage risk and achieve compliance while marketing and selling product in a highly regulated environment.

Building upon the litigation experience she acquired before working in-house, Noel focuses her practice on a variety of workplace challenges facing employers and Human Resources professionals, including preventing and managing claims of discrimination, unlawful harassment and retaliation.

Noel enjoys public speaking, and regularly trains management and staff on the meaning and consequences of unlawful workplace harassment, with a focus on preventing sexual harassment claims.

Noel is committed to pro bono service, and has experience representing clients in domestic violence contempt matters.