News & Analysis as of

Emotional Distress Damages Fair Labor Standards Act (FLSA)

Freeman Law

The IRS’ Lawsuits, Awards, and Settlements Audit Techniques Guide

Freeman Law on

Some time ago, the IRS issued an Audit Techniques Guide on the taxation of lawsuits, awards, and settlements. As many tax practitioners can attest, there are a multitude of tax issues involving any one of these issues. In...more

Cozen O'Connor

II-31- The Changing 9 to 5 From 1980 to Today

Cozen O'Connor on

This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more

Jackson Lewis P.C.

Fifth Circuit Permits Emotional Distress Damages for FLSA Retaliation Claim

Jackson Lewis P.C. on

Employees asserting a claim for retaliation under the FLSA are entitled to seek emotional distress damages, according to a recent decision by the United States Court of Appeals for the Fifth Circuit....more

Akerman LLP - HR Defense

Employer Exposure Increases: Emotional Distress Damages in FLSA Cases

The number of federal courts allowing plaintiffs to recover emotional distress damages in Fair Labor Standards Act (FLSA) retaliation cases is expanding, with the Fifth Circuit Court of Appeals last month joining two other...more

Bradley Arant Boult Cummings LLP

Emotional Rescue: Fifth Circuit Recognizes Mental Distress Damages in FLSA Retaliation Claim

Can a plaintiff get emotional distress damages in a wage and hour claim? In December 2016, the Fifth Circuit issued an opinion of first impression where it found that a plaintiff filing a retaliation claim as part of an...more

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

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

Seyfarth Shaw LLP

Fifth Circuit Approves Emotional Distress Damages and Invites FLSA Retaliation Plaintiffs to Sit on Freudian Couch

Seyfarth Shaw LLP on

Resolving a split in the lower courts and deciding an issue of first impression for the Court, the Fifth Circuit earlier this week held that prevailing plaintiffs in FLSA retaliation cases may recover emotional distress...more

Proskauer - Law and the Workplace

Fifth Circuit Joins Sister Circuits in Holding That Employees May Recover Emotional Distress Damages in FLSA Retaliation Suits

On December 19, 2016, the Fifth Circuit joined the Sixth and Seventh Circuits in holding that “employees” under the FLSA may recover emotional distress damages in FLSA retaliation actions, finding that the district court...more

Jaburg Wilk

What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

Jaburg Wilk on

If an employee or former employee sues, they may be entitled to many different types of damages which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can...more

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