Chapter 6 - § 6.17 • REMEDIES FOR VIOLATIONS OF THE FMLA

• Jurisdiction: Colorado

§ 6.17 • REMEDIES FOR VIOLATIONS OF THE FMLA

An employee may file a complaint with the DOL or file a private lawsuit in state or federal court. The FMLA does not contain an administrative exhaustion requirement. All claims for FMLA violations must be brought within two years of the alleged violation except that a finding of a "willful" violation will extend the statute to three years. 29 U.S.C. § 2617(c); Bass v. Potter, 522 F.3d 1098, 1103 (10th Cir. 2008). In order to establish that a violation is "willful," an employee must demonstrate that his employer "knew or showed reckless disregard" as to whether its conduct violated the FMLA. Bass, 522 F.3d at 1103 (citing McLaughlin v. Richland Shoe Co., 486 U.S. 128 (1988) (construing "willful" under the FLSA's analogous statute of limitations provision)); 29 U.S.C. § 2617(c)(2).

An employee may recover lost wages, benefits, interest, and economic and liquidated damages in an amount equal to monetary damages awarded. Such liquidated damages may be reduced upon showing that the employer acted in good faith and with reasonable grounds. Mandatory attorney fees and costs are awarded to prevailing plaintiffs. Punitive damages may not be awarded. 29 U.S.C. § 2617(a)(3). Awards of liquidated damages for violations of the FMLA may be entered in addition to awards for punitive damages for violations of other federal statutes. Smith v. Diffee Ford-Lincoln-Mercury, Inc., 298 F.3d 955, 964, 968 (10th Cir. 2002) (plaintiff may recover both an award of liquidated damages under the FMLA and punitive damages under the ADA); Atchley v. Nordam Group, Inc., 180 F.3d 1143, 1152 (10th Cir. 1999) (awarding liquidated damages under...