Byrd v. ABC Professional Tree Service, Inc., 832 F. Supp. 2d 917

Byrd worked for ABC from September 2007 to July 2008 as a trim lift bucket truck driver and alleges FLSA violations for unpaid hours and improper overtime.
Byrd contends that during his first months ABC required about two hours of unpaid work per day and that some days were unpaid in full, with inconsistent timekeeping and signoffs by others.
Byrd filed suit on June 7, 2010, asserting violations of § 207 of the FLSA and seeking back wages; ABC denies the violations.
ABC has been the subject of prior DOL investigations into overtime violations, including a February 15, 2007 press release announcing $1.8 million in back wages for thousands of employees from 2004–2006.
A June 2005 DOL Compliance Action Report cites a separate investigation for FLSA violations; ABC reportedly agreed to pay back wages and to comply with the FLSA in the future, though ABC disputes knowledge of the record.
The court denied ABC’s motion for summary judgment, finding disputed facts exist regarding whether the current claims were willful and thus whether a three-year statute of limitations applies.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the claims are timely under the FLSA statute of limitations.	Byrd asserts willfulness based on prior DOL investigations, invoking a three-year period.	ABC contends the prior investigations are not sufficiently similar or would not support willfulness, so the two-year period applies.	Material fact issue; denial of summary judgment on limitations.
Whether prior DOL investigations create a genuine issue of willfulness for the current claims.	Two prior investigations show actual notice and potential willfulness.	Investigations are not shown to be substantially similar to the current violations.	Question of fact; could support three-year period under willfulness standard.

McLaughlin v. Richland Shoe Co., 486 U.S. 128 (1988) (willfulness requires knowledge or reckless disregard, not mere awareness)
Dole v. Elliott Travel & Tours, Inc., 942 F.2d 962 (6th Cir.1991) (prior FLSA overtime violations can show willfulness and extend to a 3-year period)
Herman v. Palo Group Foster Home, Inc., 183 F.3d 468 (6th Cir.1999) (repeated prior investigations with assurances of compliance support willfulness finding)
Elliott Travel v. Dole, 942 F.2d 962 (6th Cir.1991) (integrates prior notice of FLSA requirements into willfulness analysis)
Palo Group Foster Home, Inc. v. Harris, 183 F.3d 468 (6th Cir.1999) (prior notice of overtime requirements can establish willfulness)
Reich v. Tiller Helicopter Services, Inc., 8 F.3d 1018 (5th Cir.1993) (not controlling in the Sixth Circuit; discussed similarity of investigations)
Cavin v. Honda of America Mfg., Inc., 346 F.3d 713 (6th Cir.2003) (knowledge of supervisors imputes to employer for FLSA purposes)