In Gortat v. Capala Bros., Inc., No. 14-3304-cv, 2015 WL 4546219 (2d Cir. July 29, 2015), after plaintiffs prevailed at trial on their claims that defendants had violated the Fair Labor Standards Act (FLSA), the court awarded plaintiffs their attorneys’ fees and costs, including costs plaintiffs incurred in retaining an expert witness. The fees and costs were awarded under the FLSA’s fee shifting provision, 29 U.S.C. § 216(b), which allows a prevailing plaintiff to recover “a reasonable attorney’s fee . . . and costs of the action.” On appeal, the Second Circuit reversed in part, holding as a matter of first impression in that Circuit that the FLSA’s fee shifting provision does not authorize district courts to award costs for expert witnesses. The court ruled that expert costs are not recoverable absent “explicit statutory authorization,” which the court found was absent from the FLSA because, unlike other statutes, the FLSA did not expressly mention expert fees. The court concluded that the FLSA’s reference to “costs” was not sufficient because costs is a term of art that generally does not include expert fees.