Michael Souryavong v. County of Lackawanna

OPINION

VANASKIE, Circuit Judge.

This employee-overtime appeal raises questions as to the nature of the evidence that is sufficient to create a jury question on the purported “willfulness” of an employer’s non-payment of overtime. The question matters because a finding of willfulness expands the limitations period for claims under the Fair Labor Standards Act (“FLSA”), in effect permitting a plain tiff to receive a larger award. Here only the willfulness question was contested— Appellee Lackawanna County conceded the basic overtime violations—and at trial Appellants Michael Souryavong and…