Brooklyn Savings Bank v Oneil

Brooklyn Savings Bank v Oneil - Brooklyn Savings Bank v...

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Section 16 (b) provides: 1 "Any employer who violates the provisions of section 6 or section 7 of this Act shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated, or such employee or employees may designate an agent or representative to maintain such action for and in behalf of all employees similarly situated. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action." In some cases, the actual amount of money that a victim of a violation of law has lost can be 2 difficult to measure. In such cases, the legislature or the parties to a contract may specify a sum of money, known as "liquidated damages," to compensate the victim for monetary loss, regardless of the victim's actual loss. Brooklyn Savings Bank v. O'Neil 324 U.S. 697 (1945) MR . JUSTICE REED delivered the opinion of the Court. [The Supreme Court granted certiorari in three cases: Arsenal Building Corp. v. Greenberg , No. 421; Brooklyn Savings Banks v. O'Neil, No. 445; and Dize v. Maddrix , No. 554. The Court consolidated the three cases and decided them with a single opinion.] The writs of certiorari granted in these three cases present questions as to the interpretation of Section 16 (b) of the Fair Labor Standards Act of 1938, which provides that an employer who violates the minimum wage and maximum hour provisions of the Act ". . . shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. . . ." Cases No. 445 and No. 554 raise the question whether an employee subject to 1 the terms of the Act can waive or release his right to receive from his employer liquidated damages under § 16(b). Case No. 421 presents the issue of whether in a suit brought pursuant 2 to the provisions of § 16(b) the employee is entitled to interest on sums recovered as wages and liquidated damages under that section. Since these three cases involve similar problems relating to the interpretation of §16(b) and the Congressional policy behind its adoption, all three cases will be dealt with in one opinion. ... No. 445 The petitioner, Brooklyn Savings Bank, owned and operated an eleven-story office building in which the respondent was employed as a night watchman during a two-year period from November 5, 1938, to August 30, 1940. Since a substantial portion of that building was devoted to the production of goods for commerce, the respondent was entitled to overtime compensation
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Brooklyn Savings Bank v. O'Neil
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This note was uploaded on 05/18/2008 for the course ILRCB 2010 taught by Professor Lieberwitzr during the Spring '07 term at Cornell.

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Brooklyn Savings Bank v Oneil - Brooklyn Savings Bank v...

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