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Employment Law Blog

March 21st, 2016

LIQUIDATED DAMAGES

Blog by Folkerth Law

Liquidated damages (sometimes called “double damages”) are statutory damages that may awarded under certain federal laws including the Fair Labor Standards Act, the Equal Pay Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act. These statutes provided for the recovery of up to twice the amount of unpaid wages in lieu of compensatory or punitive damages, and have been described by some courts as a form of punitive damages. Bailey v. Container Corp. of America, 660 F.Supp. 1048, 1052 (S.D. Ohio 1986). Liquidated damages are not recoverable under the Ohio Minimum Fair Wage Standards Act. R.C. § 4111.10.