Calderon v. GEICO General Ins. Co., No. 14-2111 (4th Cir. 2015)
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In an action asserting denial of overtime pay under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., and the New York labor law (NYLL), N.Y. Lab. Law 650 et seq.; N.Y. Comp. Codes R. & Regs. tit. 12, 142–2.2, GEICO appealed the district court's grant of judgment against them and plaintiffs cross-appealed several rulings related to the remedy awarded. The court agreed with plaintiffs' argument that, in the absence of an award of liquidated damages, the district court abused its discretion in declining to award prejudgment interest on the basis that GEICO acted in good faith in treating its Investigators as exempt. Accordingly, the court reversed the district court’s decision denying prejudgment interest under the FLSA and NYLL and remanded so that the district court may award prejudgment
interest. The court otherwise affirmed the judgment.
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