Fifth Circuit Approves Emotional Distress Damages in FLSA Retaliation Cases
The FLSA is the Federal law that requires employers to pay minimum wage and overtime to employees. It also prohibits employers from retaliating against employees who complain about not being paid properly.
In Pineda v. JTCH Apartments, the Fifth Circuit Court of Appeals (Covering Louisiana) ruled that plaintiffs who claim their employer retaliated against them in violation of the FLSA can recover the monies they should have been paid, liquidated damages, and EMOTIONAL DISTRESS damages. The FLSA was already scary for employers, but the addition of emotional distress damages significantly increases the potential award for plaintiffs. So, employers must make sure that they are paying minimum wage and overtime properly. Remember – Employees may still be entitled to overtime even if they are paid a salary.
