retaliation

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Co-authored by Steve Shardonofsky and Tiffany Tran

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 damages. While perhaps not unexpected, since the result joins with the majority rule in other Circuits, the outcome…
Continue Reading Fifth Circuit Approves Emotional Distress Damages and Invites FLSA Retaliation Plaintiffs to Sit on Freudian Couch

Second Circuit Seal.jpgAuthored by Jeremy W. Stewart

The DOL continued its “regulation by amicus program” this past week when it submitted an amicus brief in Greathouse v. JHS Security, Inc., urging the Second Circuit to reverse a lower court’s decision, and longstanding circuit precedent, that internal complaints are not protected by the FLSA’s retaliation provision (29 U.S.C. § 215(a)(3)).  The Second Circuit’s…

Continue Reading U.S. DOL Takes Aim At Second Circuit’s History Of Refusing To Protect Internal Wage Complaints

11th circ.gifAuthored by Jeffrey Glaser

The Eleventh Circuit Court of Appeals issued a decision last week that could substantially reduce the amount of damages available for FLSA retaliation claims.  In Moore, et al. v. Pak, an Eleventh Circuit panel held that district courts in that circuit (Alabama, Florida and Georgia) have the discretion to deny liquidated damage awards to plaintiffs…

Continue Reading Eleventh Circuit Upholds District Court’s Discretion To Deny Liquidated Damages In FLSA Retaliation Claims