The Court in Peters also held:
- A judge or jury must first find that the employer withheld the employee's wages in bad faith before awarding additional -- up to triple -- damages to the employee;
- There is no outright presumption in favor of an award of enhanced damages;
- The employer has the initial burden to prove it withheld wages in good faith. The burden then shifts to the employee who must ultimately persuade the judge or jury that the employer withheld the wages in bad faith; and
- The maximum award the plaintiff can receive is three times the unpaid wages. If the employee is owed $1 in wages, the maximum he or she can recover is $3 (there had been an argument that he or she should be able to recover $4 -- the owed wages plus triple damages).
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