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Sid Steinberg of Post & Schell Sid Steinberg of Post & Schell

Many employment law statutes base the level of damages or length of the applicable statute of limitations on a determination of whether the employer’s actions were “willful.” While the U.S. Court of Appeals for the Third Circuit had previously indicated that a finding of willfulness required a level of “egregious” conduct, in Stone v. Troy Construction, ____ F.3d ___, 2019 U.S. App. LEXUS 24769 (3d Cir. Aug. 20, 2019), the appellate court clarified that “egregiousness” is not a required to support a finding that the employer’s actions may have been willful.

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