We Came To The Same Conclusion In A July 6, 2009 Prior Post.
The Second Circuit Court of Appeals, in Gortat v. Capala Brothers, Inc., No. 14-3304-cv (2d Cir. July 29, 2015), decided that prevailing plaintiffs in a Fair Labor Standards Act (FLSA) case are not entitled to reimbursement of expert witness expenses under 29 U.S.C. § 216(b). Plaintiffs argued these were costs, but the Second Circuit disagreed by placing heavy reliance on Arlington Central School District Board of Education v. Murphy, 548 U.S. 291, 297 (2006) to the contrary. Instead, plaintiffs could recoup fairly minor per diem witness appearance/travel expenses.
We reached the same conclusion in our earlier post of July 6, 2009.