5th Cir. Pattern Jury Instr. (Civil) 11.25

A. Committee Notes

This charge is for use in FLSA cases involving an

alleged failure to pay overtime or minimum wage.

The FLSA provides for liquidated damages. The

statute states that such damages are to be paid on a

finding of an FLSA § 206 or § 207 violation unless the

“employer shows to the satisfaction of the court that

the act or omission giving rise to such action was in

good faith and that he had reasonable grounds for

believing that his act or omission was not a violation of

the Fair Labor Standards Act.” 29 U.S.C. §§ 216(b),

260. If the employer makes this showing, “the court

may, in its sound discretion, award no liquidated damages or award any amount thereof not to exceed the

amount specified in section 216” of the FLSA. 29 U.S.C.

§ 260. This is a question for the court to determine, not

the jury. The jury answers the willfulness question to

determine the statute of limitations, not to determine

willfulness for the purpose of deciding liquidated damages issues. Black v. SettlePou, P.C. , 732 F.3d 492, 501

(5th Cir. 2013) (citing Singer v. City of Waco , 324 F.3d

813, 822–23 (5th Cir. 2003)); see also Mireles v. Frio

Foods, Inc. , 899 F.2d 1407, 1414–15 (5th Cir. 1990).

When the jury finds that an employer has violated

the FLSA and assesses compensatory damages, the

district court generally must add liquidated damages in

an equal amount. 29 U.S.C. § 216(b) (“Any employer

who violates the provisions of . . . section 207 of this

title shall be liable to the employee or employees affected in the amount of . . . their unpaid overtime

compensation . . . and in an additional equal amount

as liquidated damages.”); Ransom v. M. Patel Enters.,

Inc., 734 F.3d 377, 387 & n.16 (5th Cir. 2013) (citing

Singer, 324 F.3d at 822–23); see also Black , 732 F.3d at

501. The district court has discretion to reduce or deny

liquidated damages if the employer ‘‘ ‘acted in good faith

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and had reasonable grounds to believe that its actions

complied with the FLSA.’ ” Black, 732 F.3d at 501 (quoting Singer , 324 F.3d at 822–23); see also 29 U.S.C.

§ 260. A district court must find that an employer acted

reasonably and in good faith in violating the FLSA

before it may award less than the full amount of liquidated damages. See Black , 732 F.3d at 501. If the jury

finds that the employer acted willfully, then the court

cannot find that the employer acted in good faith, and

the court must award liquidated damages. Singer, 324

F.3d at 823.

B. Charge

If you find that Defendant [name] violated the

FLSA, then you must determine the amount of any

damages. You should not conclude from the fact that I

am instructing you on damages that I have any opinion

as to whether Plaintiff [name] has proved liability.

The amount of damages is the difference between

the amount Plaintiff [name] should have been paid and

the amount [he/she] was actually paid. Plaintiff [name]

is entitled to recover lost wages for the two years before

[he/she] filed this lawsuit, unless you find that Defendant [name] either knew or showed reckless disregard

for whether the FLSA prohibited its conduct. If you find

that Defendant [name] knew or showed reckless disregard for whether the FLSA prohibited its conduct, then

Plaintiff [name] is entitled to recover lost wages for

three years before the date [he/she] filed this lawsuit.

Plaintiff [name] filed this lawsuit on —————.