Juan Hernandez

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Fifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims

In Pineda v. JTCH Apartments, L.L.C. (No. 15-10932, December 19, 2016), the Fifth Circuit Court of Appeals joined the Sixth and Seventh Circuit Courts of Appeals in holding that an employee may recover for emotional distress...more

12/28/2016  /  Appeals , Corporate Counsel , Emotional Distress Damages , Fair Labor Standards Act (FLSA) , Jury Verdicts , Retaliation , Unpaid Overtime , Zone of Interests

Arbitration Plan Contained in Employee Handbook Enforceable? Not Without Savings Clause, Fifth Circuit Says

In Nelson v. Watch House International, L.L.C., (No. 15-10531), the Fifth Circuit Court of Appeals reversed a district court decision dismissing an employee’s lawsuit against his employer and compelling arbitration. The Fifth...more

4/19/2016  /  Appeals , Arbitration Agreements , Corporate Counsel , Employee Handbooks , Motion to Compel , Remand , Reversal , Savings Clause , Unenforceable Contract Terms
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