Resolving Overlapping Damages in Employment Claims: Double Recovery, Invalidated Releases, Plans of Allocation

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, October 27, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 7, 2022

or call 1-800-926-7926

This CLE webinar will guide employment counsel on pursuing analogous state and federal claims and various damages provisions. The panel will address the multiple damages available under Title VII claims, including back and front pay, compensatory damages, and punitive, and which damages may be capped. The panel will discuss how state laws affect damages claims and when liquidated damages may be sought under the Fair Labor Standards Act (FLSA) versus an award of prejudgment interest on unpaid wages.


Employers know that there are dual obligations under the FLSA and applicable state wage and hour laws, which overlap in most instances. However, in some jurisdictions, an employee is exempt from overtime requirements under the FLSA, but not state law. In others, state law exempts a class of employees who are non-exempt under the FLSA.

EEOC v. Waffle House Inc. held that "courts can and should preclude double recovery." A prevailing employee is entitled to damages under the FLSA or the equivalent state law, but not both.

The bar on double recovery raises two further questions, however. First, whether a state law is "equivalent" to the FLSA, and second, whether the proscribed damages under the state law are compensatory or punitive. As a result, there are often allocations in judgments that assign specific damage awards to particular causes of action so that the award would not be deemed duplicative.

In resolving federal employment claims, employers often seek to settle before a class action has been certified. When an employer attempts to settle certain federal claims with absent class members before class certification, a court may invalidate the releases. Counsel has to consider whether the release is invalid as to all claims or only the specific claim that prohibits private settlements. If a court invalidates a waiver, will the amount paid be considered an offset to any recovery in pending litigation, or will the employee be required to repay the funds?

Listen as our expert panel discusses how employment litigation can be structured to avoid double recovery claims and what to seek, as well as how releases for federal employment claims should be drafted to avoid invalidation.



  1. Resolving overlapping employment damages
    1. FSLA claims
    2. Wage and hour claims
    3. Discrimination claims
    4. Immigration claims
    5. Similar state claims
  2. Allocation of damages
  3. Releases of federal claims
  4. Other best practices


The panel will address these and other key topics:

  • What can counsel do to ensure allocation of damages in a judgment to avoid double recovery?
  • How should counsel address federal claims being released in pre-certification employment settlements?
  • How can counsel best handle hybrid class and collective actions when the types of claims--state, federal, or both--vary for individual employees?


Grindlinger, Glenn
Glenn S. Grindlinger

Fox Rothschild

Mr. Grindlinger represents management in labor and employment law matters. He regularly defends clients in single...  |  Read More

Additional faculty
to be announced.
Attend on October 27

Early Discount (through 10/07/22)

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Early Discount (through 10/07/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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