The FMLA allows a prevailing party to recover liquidated damages equal to the amount of damages provided by the jury for lost wages, plus interest. Liquidated damages results in the doubling of the lost wages. In order for a defendant to avoid liquidated damages, a defendant must prove that it (a) acted in good faith in believing that its act or omission was not a violation of the FMLA; and (b) that it had reasonable grounds for believing that its act or omission was not a violation of the FMLA. A defendant must prove both good faith and reasonable grounds for the act or omission. It is not enough for a defendant to simply say "we thought our conduct did not violate the FMLA" or "we checked with our human resources director" to avoid liquidated damages. A defendant must prove that it took affirmative steps to ascertain the legal requirements and obligations of the FMLA. Affirmative steps includes researching the requirements of the FMLA. The research must be something more than a cursory review or inquiry. For example, a defendant's reliance on a human resource employee's general knowledge of employment law does not constitute research to ascertain the legal requirements of the FMLA. A defendant is required to examine the FMLA law and regulations and then assess whether the proposed termination or denial of FMLA leave complies with the law or not. Only by doing so can a defendant prove that it acted in good faith and avoid liquidated damages.
