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ARTICLE · 10 AUGUST 2015

No Expert Fees Allowed In FLSA Case: A Great Start

Fox Rothschild LLP
Fox Rothschild LLP
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When I defend a FLSA case, the plaintiff's attorney always seems to want to hire an expert on "damages" or actually does hire such an expert.

United StatesEmployment and HR

When I defend a FLSA case, the plaintiff's attorney always seems to want to hire an expert on "damages" or actually does hire such an expert.  I usually am dumbfounded by that because I ask myself (and plaintiff's counsel) why is there a need for an expert when "it's just math" and no arcane or esoteric issues for such calculations ever exist?  I also see it as a ploy for the adversary to add more to his fee petition.  Well, I seem to have read the tea leaves correctly on this as the Second Circuit has just ruled that a winning plaintiff cannot be reimbursed for expert fees under the Fair Labor Standards Act.   The case is entitled Gortat v. Capala Brothers Inc. et al., in the Court of Appeals for the Second Circuit.

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