Enforcement, general rules
| Currency | Current through May 31, 2023 |
| Citation | 29 C.F.R. §825.400 |
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8 books & journal articles
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Section 35 Damages and Remedies
...good faith and the employer had reasonable grounds for believing that it was not violating the FMLA. 29 U.S.C. § 2617(a)(1)(A)(iii); 29 C.F.R. § 825.400(c). Liquidated damages are equal to the compensatory damages plus interest unless the employer proves that it acted in good faith. 29 U.S.......
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Section 15.42 What if an Employer Violates the FMLA?
...suits by individual employees, as well as by the Secretary of Labor on behalf of the employees. 29 U.S.C. §§ 2617, et seq.; see also 29 C.F.R. §§ 825.400–825.404. Initially, the Department of Labor (DOL) was relatively easy on employers during the time period immediately following the effec......
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Section 25 Statute of Limitations
...actions filed under the FMLA is generally two years from the last action that was in violation of the FMLA. 29 U.S.C. § 2617(c)(1); 29 C.F.R. § 825.400(b). For a willful violation, the statute of limitations is three years. 29 U.S.C. § 2617(c)(2); 29 C.F.R. § 825.400(b). To show a “willful”......
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Section 26 Damages and Remedies
...by the violation, such as the cost of providing care, up to the amount equal to 12 weeks’ wages plus interest. 29 U.S.C. § 2617(a); 29 C.F.R. § 825.400(c). An employee can also be awarded liquidated damages equal to the compensatory damages plus interest (“double damages”) unless the employ......
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