Under the federal Fair Labor Standards Act (FLSA), prevailing employees can recover double damages for up to three years of lost overtime or other pay, as well as their costs and legal fees.

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If the investors are successful first in their lawsuits, the state cannot pursue a double recovery for the same damages.

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Here's why: Take several minutes of unpaid work a day, multiply it by a population of hundreds of workers, let damages accumulate over several years, and double the wage loss.

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