10th Circ. OKs Additional Damages In Trucker FLSA Row

By Vin Gurrieri (December 11, 2015, 5:31 PM EST) -- The Tenth Circuit ruled on Thursday that a truck driver who successfully claimed his employer stiffed him on wages could simultaneously obtain liquidated damages under the Fair Labor Standards Act and a penalty under a Colorado wage law, saying a lower court incorrectly awarded only the latter.

A three-judge panel upheld an appeal by plaintiff William Evans to a portion of a January default judgment order by U.S. District Judge William J. Martinez, who awarded Evans nearly $20,000 for wage violations committed by his employer, Loveland Automotive Investments Inc.

Evans had argued on appeal that the lower court was wrong to...

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