Danny Flores v. City of San Gabriel

OWENS, Circuit Judge, with whom TROTT, Circuit Judge, joins,

concurring:

I concur fully in the majority’s opinion. I write separately because I believe that our willfulness easelaw in the context of the FLSA statute of limitations is off track.

In McLaughlin v. Richland Shoe Co., 486 U.S. 128, 108 S.Ct. 1677, 100 L.Ed.2d 115 (1988), the Supreme Court stressed that willfulness was more than mere negligence, and that “[i]f an employer acts un- • reasonably, but not recklessly, in determining its legal obligation,” the two-year FLSA statute of limitations would apply. Id. at 132-35 & n.13, 108…