A violation is willful if the employer ‘either knew or showed reckless disregard for…whether its conduct was prohibited by the statute.’ Plaintiff claims Defendant acted willfully and intentionally because Defendant knew of the FLSA’s minimum wage and overtime requirements, yet ‘recklessly failed to investigate’ whether its payroll practices were in accordance with the FLSA. The Court finds Plaintiff’s allegations sufficient to survive a motion to dismiss.” 2016 WL 3745685, at *4 (citations omitted).
Ecoquij-Tzep v. Hawaiian Grill, No. 3:16-CV-00625-M, 2016 WL 3745685 (N.D. Tex. July 12, 2016).