Overtime Law Blog

Home » Damages » E.D.Ark: Punitive Damage Awards Permissible For FLSA Retaliation Claims

E.D.Ark: Punitive Damage Awards Permissible For FLSA Retaliation Claims

Submit Your Case - Copy (2)

TwitterGoogle+LinkedInRSSJustia

Email Subscription

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 294 other subscribers

RSS feed: DOL News DOL News

  • Secretary Sonderling statement on September jobs report
    WASHINGTON – Secretary of Labor Keith Sonderling issued the following statement regarding the September 2026 Employment Situation Report:“President Trump’s economic agenda continues to deliver for American workers and businesses. Construction employment rose 11,000 in September, marking seven straight months of growth. Manufacturing employment also continues to expand, adding 9,000 jobs in September and 72,000 for the […]
  • Unemployment Insurance Weekly Claims Report
    In the week ending September 26, the advance figure for seasonally adjusted initial claims was 197,000, a decrease of 1,000 from the previous week's revised level. The previous week's level was revised up by 1,000 from 197,000 to 198,000. The 4-week moving average was 200,000, a decrease of 2,500 from the previous week's revised average. […]
  • US Labor Department finds railroad illegally terminated employee who refused to work during severe weather
    LITTLE ROCK, AR – A U.S. Department of Labor Occupational Safety and Health Administration whistleblower investigation has concluded that Union Pacific Railroad Co. violated the Federal Railroad Safety Act when it removed from service and later terminated a North Little Rock yardman who notified management of nearby lightning and federal safety standards. OSHA determined that the employee voiced […]

Authors

Tags

"Dual Assignment" Rule "Good Faith" Defense $7.25 $35 Million Verdict $455 $500 $913 000.00 1 Week Delay 2 Or More Employees 2 Or More Employees Handling 2 Year Statute of Limitations 2d Circuit 3 Year Statute of Limitations 4 Year Degree 4-Month Period 4th Circuit 5th Circuit 6 Month Statute of Limitations 6th Circuit 7(i) 7th Circuit 8th Circuit 9 U.S .C. §§ 3 9th Circuit 10th Circuit 11 U.S.C. § 521(1) 11th Amendment 11th Circuit 13th Amendment 20 Pound Bag 20% Rule 21 Club 28 U .S.C. § 1332(d) 28 U.S.C. § 1407 28-day Work Period 29 C.F.R. 541.601 29 C.F.R. 541.605(a) 29 C.F.R. § 516.27(A) 29 C.F.R. § 516.27(B) 29 C.F.R. § 531.35 29 C.F.R. § 531.52 29 C.F.R. § 531.55 29 C.F.R. § 531.56(e) 29 C.F.R. § 541.100 29 C.F.R. § 541.105 29 C.F.R. § 541.200 29 C.F.R. § 541.200(a) 29 C.F.R. § 541.202(a) 29 C.F.R. § 541.202(b) 29 C.F.R. § 541.202(e) 29 C.F.R. § 541.300(a)(1) 29 C.F.R. § 541.301 29 C.F.R. § 541.301(a) 29 C.F.R. § 541.302(a) 29 C.F.R. § 541.313 29 C.F.R. § 541.500 29 C.F.R. § 541.502 29 C.F.R. § 541.600 29 C.F.R. §541.602(a) 29 C.F.R. § 541.604 29 C.F.R. § 552.106 29 C.F.R. § 553.101 29 C.F.R. § 553.213 29 C.F.R. § 778.108 29 C.F.R. § 778.112 29 C.F.R. § 778.114 29 C.F.R. §778.114 29 C.F.R. § 778.115 29 C.F.R. § 778.217(b) 29 C.F.R. § 778.219(a) 29 C.F.R. § 778.501(a) 29 C.F.R. § 779.315 29 C.F.R. § 779.316 29 C.F.R. § 779.317 29 C.F.R. § 779.412 29 C.F.R. § 779.416(b) 29 C.F.R. § 780.129 29 C.F.R. § 782.2 29 C.F.R. § 782.5(a) 29 C.F.R. § 785.23 29 C.F.R. § 785.48(b) 29 C.F.R § 785.18 29 CFR Part 552 29 U.S.C. 207(h) 29 U.S.C. 215 29 U.S.C.A. § 203(y) 29 U.S.C. § 203(m) 29 U.S.C. § 203(o) 29 U.S.C. § 203(r)(1) 29 U.S.C. § 203(r)(2)(A) 29 U.S.C. § 203(s) 29 U.S.C. § 207(e)(1)-(8) 29 U.S.C. § 207(e)(2) 29 U.S.C. § 207(e)(5)-(7) 29 U.S.C. § 207(h)(2) 29 U.S.C. § 207(i) 29 U.S.C. § 207(k) 29 U.S.C. § 207(p)(1) 29 U.S.C. § 209(m) 29 U.S.C. § 213(10)(a) 29 U.S.C. § 213(a)(1) 29 U.S.C. § 213(a)(15) 29 U.S.C. § 213(a)(17) 29 U.S.C. § 213(b)(1) 29 U.S.C. § 215 29 U.S.C. § 215(a) 29 U.S.C. § 215(a)(3) 29 U. S. C. §215(a)(3). 29 U.S.C. § 216(b) 29 U.S.C. § 218(a) 29 U.S.C. § 255(a) 29 U.S.C. § 256(b) 29 U.S.C. § 259 29 U.S.C. § 260 30-Minute Deductions 34(a)(2) 168 Hours 207(h) 215(a)(3) 216(b) 541.601 778.112 778.115 785.23 1099 2010 FLSA Amendments 2010-1 10000 Pound Vehicles A & P Mechanic AAA AA Meeting Abbot Laboratories Abbott Absent Arbitration Clause Absent Class Members Abuse of Discretion Acceptance of Offer of Judgment Accountant Accountant Advice Accountant Liability for FLSA Violations Accountant Malpractice Act 72 Actual Duties Actual Knowledge Actual Weight ADA Addresses ADEA Adequacy of Representation Administrative Exemption Administratively Exempt Administrative Procedure Act Administrative Proceeding Administrator's Interpretation Administrator's Interpretation No. 2010-2 Adminstrative/Production Dichotomy Adminstrative Exemption Adminstrative Remedy Admissibility Adult Entertainers Advanced Knowledge Advertising Sales Advice of Counsel Affidavit Affirmative Defense Affirmative Defenses Affirmative Steps After-Hours Agreement Agreement to Arbitratrate Agricultural Employees Agricultural Exemption Air Carrier Air Carrier Exemption Airline Carrier Airline Deregulation Act of 1978 Airport Shuttle Al Capone Alpharma Amended Answer Amended Complaint American Arbitration Association American Eagle Drivers American Samoa Amicus Amicus Brief Amount of Discovery Anonymous Plaintiff Anti-Retaliation APA Applebee's Apprenticeship Approval Not Required Approval of Settlement Arbitral Decision Arbitration Arbitration Agreement Arbitration Agreements Arbitration Clause Arbitration Costs Arbitration in FLSA Cases Arbitration Invalidated Arbitrator Arbitrator's Jurisdiction Arbitrator Decide Class Arindrajit Dube Arise Misclassification Claims Arise Overtime Claims Arise Virtual Solutions Arise Wage Theft Arm of the State Assistant Manager Assistant Store Managers AT&T Mobility LLC v. Concepcion AT&T Mobility v. Concepcion At-Issue Waiver Attorney's Fees Attorney-Client Communications Attorney-Client Privilege Attorney Advice Attorney Defendant Attorney Liability Attorney Liability for FLSA Violations Attorney Representation Auto Body Repairman Auto Dealer Exemption Automatic Deductions Automobile Dealer Auto Parts Store Auxilium Pharmaceuticals Average Hourly Compensation Average Hourly Wage Averaging Award of Costs Bachelor Degree Backwages Balance of Convenience Factors Balancing Test Ballot Measure 25 Bamonte v. City of Mesa Bank of America Bankrupcy Stay Bankruptcy Baristas Bartenders Base Hourly Rate Benefits Biggs v. Wilson Billing Records Billingsley v. Citi Trends Bills Binding and Enforceable Binding Settlement Board Board of Dental Examiners Boca Raton Business Owners Boehringer Pharmaceutical Rep Overtime Bona Fide Commission Plan Bona Fide Commissions Bona Fide Dispute Bonnette Bonus Bonuses Breach of General Release Break Policy Breaks Break Time Break Time for Nursing Mothers Breastfeeding Bribery Burden of Production Burden of Proof Burden of Proof on Exemption business Business-to-Business Merchant Business Expenses Business Purpose Buy-Back C.F.R. CAA Cable Installer CAFA Calculating Gross Vehicle Weight Under MCA Calculating Offsets Calculating Overtime Compensation Calculation of Damages California California Labor Code California Overtime Lawsuit Call Center Call Center Jobs Call Center Workers Calulcating the Workweek Camin Cargo Car CareMark Overtime Lawsuit Car Insurance Car Wash Case Managers Case or Controversy Case Style Casey's General Stores Casino CASY CBA Cell Phone Centex Certified Nurse Assistant Certiorari Certiori CFR Changing Clothes Charters Cheeks Chilling Effect Chinese Overtime Christensen Christopher v. SmithKline Beecham Corp. Cintas Corp. Cintas Settlement City Employees City of Sioux Falls Civil RICO Class Class Action Class Action Complaint Class Action Fairness Act Class Actions Class Action Waiver Class Arbitration Class Certification Class Certified Classification Class Members Class Representatives Classroom Training Class Waiver Class Waivers Classwide Damages Clause Construction Cleaning Airplanes Clear Mutual Understanding Clinicians Closely-Held Close of Discovery Clothes CMV CNA CNN Co-op Coercision Coercive Coke Collateral Estoppel Collective Action Collective Action Allegations Collective Actions Collective Action vs. Class Action Collective Action Waiver Collective Bargaining Agreement Colorado Colorado Minimum Wage Comcast Comcast Corp. v. Behrend Coming to Rest Doctrine Commercial Cleaner Commercial Motor Vehicle Commerical Carrier Commerical Motor Vehicle Commissioner of the Bureau of Labor and Industries Commissions Common Arrangement Common Law Common Law Claims Common Law Test for Successor Liability Communications With Class Commute Time Commuting Time Companions Companionship Companionship Exemption Companionship Services Compensable Hours Compensable Time Compensable Work Compensatory Damages Compensatory Time Comp Time Computer-Employee Exemption Computer Boot Up Time Computer Exemption Concerted Action Concerted Activity Conditional Certification Conditionally Certified Claims Confidentiality Connexx Consent Judgment Consent to Join Consent to Join Form Considerations at Stage I Consolidation Construction Supervisor Construction Workers Constructive Knowledge Consumer Class Actions Contemporaneous Payment Contemporaneous Time Records Contemporaneous Transmission Of Testimony Contingency Basis Contingent Settlement Continuity of the Business Continuous Workday Contract of Adhesion Contractual Statute of Limitations Contract Work Hours and Safety Standards Act Contribution Control Controlled Substances Act Control Test Corporate Officer Liability Correction Officers Corrective Action Corrective Notice Costco Wage Class Action Cost of Individual Claim Cost of Travel Costs Cost Splitting Counterclaims Coupons Couriers Court's Observation of Counsel Court Approval Court Supervised Settlement Coverage Covered Employee Creative Professional Exemption Creative Professionals Credit Cross-Examination Cruise Line Shuttle Current Employees Current Oregon Minimum Wage Custody Customarily Furnished Custom or Practice CWCA D.C. Circuit D.Ct. D.R. Horton D.R. Horton and Michael Cuda Damages Dancers Showclub Dates of Employment Davis Bacon Act Day Rates DBA DCLMA DCWPCL December 1 Decertification Declarations Declaratory Judgment Declaratory Relief Default Defendant's Billing Records Defense Counsel Billing Records Defense Verdict Deference Owed to Secretary of Labor Definition of CMV Definition of Employee Definition of Full Relief Definition of Independent Contractor Delay Dellinger De Minimis Denial of Conditional Certification Department of Labor Department of Transportation Deposition Location Depositions Design Consultant Destruction of Records Differences Among Putative Class Members Dionne Dionne v. Floormasters Direct Care Job Quality Improvement Act Directly Related To Management Disabled Workers Discounts Discoverability of Attorney Communications Discoverability of Billing Records Discovery Discovery Of Immigration Status Discovery Plaintiffs Discretion and Independent Judgment Discretion or Judgment When Loading Discretion to Limit Discovery Dismissal of Opt-ins Dissemination of Notice District of Colorado Docking DOL DOL Audit DOL Enforcement Dolgencorp Dollar General Dollar Tree DOL Supervised Settlement Domestic Service Domestic Service Exemption Donning and Doffing Door-to-Door Salespeople DOT DOT Audit DOT Jurisdiction Draw Driver Driver's Helper Drivers Dual-Trained Paramedics Dual Jobs Duplicative Claims Dupont Duress Duties Duty to Mitigate E.D.Tex. Economic Realities Test Economic Reality Economists EDS EDS Overtime Class Action EDS Technical Support Effect of Denial of Conditional Certification Efficient Judicial Administration Eighth Circuit Electronic Data Systems Elements of Claim Eleventh Amendment Immunity Eleventh Circuit Eli Lilly Ellerth Email Emotional Distress Employee Employee Leasing Employee Release Agreement Employees Employees of Subcontractors Employee Status Employee Theft Employee vs Independent Contractor Employee vs Volunteer Employer Employer's Burden of Proof Employer Participation in Tip Pool Employers' Attorney Employment Employment Relationship Enforceability Enforceability of Class/Collective Waivers Enforcement Engaged in Commerce Engaged in Fire Protection Engineer Enjoin Enterprise Enterprise Coverage Enterprise Rent-A-Car Entry of Judgment EPA Equal Pay Act Equitable Defenses Equitable Tolling ERISA Evidence Exception Exceptional Circumstances Exception vs Exemption Excluding Sleep Time Exclusive Remedy Executive Exemption Exempt Employees Exemptions Exempt Status Exempt Time Exhaustion of Administrative Remedy Exotic Dancers Expeditor Experts Expert Testimony Extended Notice Period Extern Externships Extraordinary Circumstances FAA Facebook Facially Neutral Fact Witnesses Failure To Disclose Claims In Bankruptcy Failure to Hire Failure to Pay in Timely Fashion Failure to Pay On Time Failure to Post FLSA Notice Failure to Take Reasonable Actions Fair Labor Standard Act Fair Labor Standards Act Fair Labor Standards Action Fair Labor Stardards Act Fairness Fair Playing Field Act of 2010 False Imprisonment Family Dollar Family Medical Leave Act Faragher Farmer Farmers Insurance Farming Farming Operations Farmworkers Fair Labor Practices Act FCRA Fed.R.Civ.P. 10(a) Fed.R.Civ.P. 23(b)(3) Fed.R.Civ.P. 26(b)(1) Fed.R.Civ.P. 34 Fed.R.Civ.P. 41(a)(1)(A)(ii) Fed.R.Civ. P. 43 Fed.R.Civ.P. 68 Federal Arbitration Act Federal Aviation Act Federal Court Federal Register Federal Rule of Civil Procedure 23(b)(3) FedEx Fee Basis Fee Shifting Fee Splitting Field Coordinator Field Managers Field of Science or Learning Fifth Circuit Final Regulations Final Rule Final Rule Domestic Service FINRA FINRA Rule 13204 Firefighters Fire Suppression and Prevention First-Filed First-Filed Rule First Circuit Five Hundred Thousand Dollars Fixed Amount as Straight Time Pay Fixed Salary Flex Time Flight Attendants Florida Constitution Florida Minimum Wage Florida Unpaid Wages Florida Wage Law FLSA FLSA-Protected Activity FLSA Collective Action Waiver FLSA Coverage FLSA Employee FLSA employee misclassification FLSA Employer FLSA Exemptions FLSA Minimum Wage FLSA Overtime FLSA overtime claim FLSA Preemption FLSA Protections FLSA recordkeeping requirements FLSA Retaliation FLSA Settlement Approval FLSA Settlements FLSA Standing FLSA Workweek FLSA Work Week Fluctuating Workweek Fluctuating Work Week FMLA Food in Lieu of Wages Food Service Foot Locker Forced Arbitration Foreign-flagged Ships Foreign Country Foreign Work Exemption Form of Consent to Join Form of Notice Form WH-58 Fourth Circuit Four Year Degree Franchisee franchise workers Franchisor FRCP 8 FRCP 9(b) FRCP 10(a) FRCP 15(b) FRCP 23 FRCP 26(c) FRCP 41(a) FRCP 68 FRE 702 Full Damages Full Relief Function Test FWW GAO Study Gap Time Garment Workers Garnishment Gas Gawker General Household Work General Manager General Release Genesis Genesis Healthcare Corp. Genesis HealthCare Corp. v. Symczyk Georgia EDS Overtime Case Gilmer Good Cause Good Cause Showing Not Required Good Faith Government Accountability Office Governmental Job Government Informer Privilege Gratuities Green Card Grievance Gross Annual Sales Gross Vehicle Weight Gross Vehicle Weight Rating Gross Volume of Sales or Business Done Group Home Group Homes Guest Worker Guest Workers Gulf Oil Co. v. Bernard GVWR H-2B Visa Handling Clause Handling Goods HCE Health Care Reform Law Heavy-Duty Cleaning Company Helicopter Pilots Helix Helix Energy HHA HHAs Highly-Compensated Employee Highly Compensated Employees Hilda Solis Hire/Fire Hire and Fire Hoffman Plastic Home Care Workers Home Health Aides Home Health Workers Home Health Worker Wages Hour-by-Hour Hourly Paid Hourly Plus Hourly Rates Hourly vs. Salary Hours of Work Hours Worked Household Workers Hybrid Action Identity of Witnesses Idle Time IHSS Illegal Aliens Illegal Deductions Illegal Enterprise Immigrant Workers Immigration Status Impermissible Deductions Impermissible Waiver Impleader Implied Waiver Improper Communications Improper Employer Communications In-Home Care Inc. Inc. v. Dukes Incentive Pay Incentives Incidental-to-Air Exemption Incident to or or in Conjunction With Farmng Operations Inclusion of Buy-Back Indemnification Indemnity Claim Under the FLSA Independent Contractor Independent contractor classification Independent Contractor Misclassification Independent Contractor vs Employee Indian Reservation Indicia Indispensible Individual Arbitration Individual Capacity Individual Claim Individual Coverage Individual Defendants Individual Discovery Individualized Damages Individualized Discovery Individual Liability Under the FLSA Individual Plaintiff Informal Complaint Informal Complaints Informal Input Informal Recommendations Informer Privilege Inherent Incompatability Innocent Purchaser In Pari Delicto In re Novartis Wage and Hour Litigation Inside Sales Inspectorate Installment Settlement Institution Institutions Insurance Agency Insurance Brokers Insurance Investigators Integral Integral and Indispensable Integrity Staffing Solutions Interest of Fairness Internal Complaint Internal Complaints Internal Policy Interns Internships Interpretation and Application of the FLSA Interrogatories In Terrorem Effect Interstate Commerce Interstate Trips Intertek Intracompany Complaint Intrastate Trips Investigator Involuntary Audit Iowa IRCA Irrebuttable Presumption IRS Issue of Fact Issue of Law Jane Doe Jane Roe Jet Blue JNOV Job Applicant John Doe Johnson & Johnson Joint Employees Joint Employer Joint Employers Joint Employment Joint Enterprise Judgment Judgment and Discretion Judicial Access Judicial Approval Judicial Bias Judicial Delay Judicial Economy Judicial Estoppel Jury Instruction Jury Question Jury Verdict K-9 K.R.S. § 337.285 Kagan dissent Kasten Kentucky Wage and Hour Law Kick-Backs Kickbacks Knepper v. Rite Aid Corp. Knowing Waiver KPMG Kuebel v. Black & Decker Inc. L.L.C. labor Labor Budgeting Policies Labor Management Relations Act Lacking Retail Concept LA County Lactation Breaks Last Paycheck Late Opt-ins Late Paycheck Late Payment law Law Degree Law School Graduate Learned Professional Learned Professional Exemption Leave to Amend Legal Malpractice Legal Status of Opt-in Plaintiffs Legitimate Business Purpose Liberal Construction Licenced and Practicing in the Field of Medical Science Lie Detector Life Insurance Agent Life Insurance Brokers Likelihood of Interstate Trips LinkedIn Liquidated Damages Living Wage LLC LMRA Loader Loading and Unloading Tools Loan Location of Depositions Lodging Longevity Pay Los Angeles Louisville Firefighters Low-Wage Workers Lowe's LPN Lunch Lynn's Food Lynn's Foods M.D.Fla. Maintenance Director Majority of Work Time Making Sales Malpractice as Basis of FLSA Liability Management Management Employee Management of Collective Action Managers Mandatory Arbitration Mandatory Attorneys Fees Mandatory Service Charge Maritime Marketing Martin v. Spring Break '83 Productions Maryland Wage and Hour Law Massachusetts Massachusetts Tips Law Massachusetts Trial Court Materials Matters of Significance Maître D' MCA MCA Exemption McNamara-O'Hara Service Contract Act Meal Breaks Meals Measurement of FLSA Compliance Measuring Damages Measuring Minimum Wage Mechanic Merits Not Considered Merryday Miami-Dade Wage Theft Ordinance Miami Overtime Law Michael Mahoney Middle District of Tennessee Miller Act Minimum Wage Minimum Wage Law Minimum Wages Minimum Wage Violation Minimum Wage Violations Minimum Wage Workers Minor v. Bostwick Laboratories Mirror-Image Counterclaims Misclassification Misleading Misleading Communications Missel Mitigation Mixed Fleet MLO MLOs Money Damages Moot Mootness Morgan & Morgan Mortgage Brokers Mortgage Loan Officers Mortgage Underwriters Motion for an Order Approving Distribution of a Memorandum to Opt-ins Motion for Approval Motion for Attorneys Fees Motion for Conditional Certification Motion for Decertification Motion for More Definite Statement Motion for Separate Trials Motion for Stay Motion in Limine Motion to Allow Late Opt-ins Motion to Compel Motion to Compel Arbitration Motion to Compel Entry Into Facility Motion to Dismiss Motion to Open and Close Evidence Motion to Proceed Anonymously Motion to Strike Motion to Toll Statute of Limitations Motor Carrier Motor Carrier Act Motor Carrier Act Exemption Motor Carrier Exemption Multidistrict Litigation Multidistrict Panel Municipal Contracts Municipal Employee Mutual Aid or Protection MWA MWHL N.D.Cal. N.J.S.A. § 34:11-4.1 Named-Plaintiff Names Nanny Narcotics Detection Dog National Employment Law Project National Labor Policy Necessity of Court Approval NELA NELP Nevada Nevada State Wage and Hour Claims Nevada Wage and Hour Law New Jersey New Jersey Labor Department New Jersey Wage and Hour Law New Jersey Wage Law New Regulations New Rule news New Salary Rules Newspaper New York New York City New York EDS Overtime Case New York Labor Law New York Times Nine- and Ten- Person Passenger Vans Ninth Circuit NJ Labor Department NJWHL NJWL NLRA NLRA Section 7 NLRB No Advanced Degree Non-Compensable Non-Disparagement Non-Enforcement Non-Exempt Non-Exempt Case Managers Non-Exempt Employees Non-FLSA Claims Non-Jurisdictional Non-Overtime Bonuses Non-Payment Non-Profit Non-Reemployment Non-Reemployment Clause Non-Tipped Employees Non-Waiver Noncompensable Nonexempt Nonproductive Time Norma Jean’s Nite Club Notice Notice Language Notice Motion Notice of Intent to Proceed as Collective Action Notice of Pendency Notice of Proposed Rulemaking Notice of Tip Credit Notice Package Notice Period Notice Requirement Notice Via Social Media Notice Warning Novartis NPRM Number of Employees Nurse Case Managers Nurse Case Managers Overtime Pay Nursery Nursing Mothers NYLL NYLL. Arming Up NYLL § 196-d NY Times Obama Objective Objective Good Faith Obtaining Releases from Class Members Off-Duty Care and Training Off-the-Clock Off Duty Hours Offer of Judgment Offer of Judgment Cannot Moot FLSA Case Offer of Settlement Offer of Settlement Absent Right to Enter Judgment Office or Non-Manual Work Official Capacity Offset Offsets Off The Clock Work OGC Inspectors OJ On-call Time On a Farm Onyx Opening and Closing Opt-in Opt-in Consent Opt-in Depositions Opt-in Notice Opt-in Period Opt-in Plaintiff Opt-in Plaintiff Status in FLSA Case Opt-ins Opt-out Class Action Oral Complaint Order of Proof Oregon Oregon Minimum Wage Oregon Tort Claims Act Original Jurisdiction OTCA Other Facilities Out-of-State Out-of-State Communications Outside Sales Outside Sales Exemption Overbroad Overnight Motor Overnight Motor Transportation Co. v. Missel Overnight Shifts Overtiime Law Overtime Overtime Class Action Overtime Damages Overtime Exemptions Overtime for Nurse Case Managers Overtime Hours Overtime Law Overtime Laws Overtime Lawyer Overtime Pay Overtime Rule Overtime Violations Owner Owner-Operator Owner as Employee Owners Oxford Health Plans LLC v. Sutter PA Paid Breaks Paid Breaks Not Offset Paid Lunches Palacios v. Boerhinger Ingelheim Pharmaceuticals Paralegal Paramedics Part-Owner Partial Liquidated Damages Partsman Patient Protection and Affordable Care Act Payday Pay Increases Pay Records Payroll Manager Payroll Records Pay Structure Penalties Pending Pennsylvania Pennsylvania Minimum Wage Act Pennysylvania Wage and Collection Act PEO Per Diem Perez v. Mortgage Bankers Assn. Performance Fees Permissible Offsets Permit and Suffer Personal Bankers Personal Protection Equipment Personnel Decisions Pervasive Release Petition for Cert Pharmaceutical Reps Pharma Reps Phone Numbers Physical Therapist Physician Assistant Pick Off Pickup Truck Piece Rate Pin Ups Pizza Hut Delivery Drivers Pleading Pleading Standards PMWA Police Cooperation Police Dog Police Lieutenant Police Officers Police Uniforms Portable Data Transmission Portal-To-Portal Act Posner Possession Post-Judgment Collection Post-Notice Communications Postliminary Activity Postliminary Work Potential Class Member Potential Collective Action Member Potential Harm PPACA PPE Practical Administrative Difficulty Practical Training Pre-Certification Pre-Certification Communications Pre-Notice Precertification Preclusion of Rule 23 Claims Predominance Predominant Benefit Test Preemption Prejudgment Interest Prejudice to Potential Opt-ins Preliminary Activity Preliminary Injunction Preliminary Work Premium Pay Prerequisites to Collective Action President Obama Presuit Settlement Prevailing Party Prevailing Plaintiff Prevailing Wages Prima Facie Case Primarily Engaged in the Business of Selling Such Vehicles Primarily Engaged in the Care Primary Benefit Primary Benefit Test Primary Duties Primary Duty Principal Activity Principle Activities Prior Action Prior Claims Prior Lawsuit Prisoners Private Cause of Action Private Quarters Private Settlement Probert v. Family Centered Services of Alaska Product Design Specialist Production Production Employees Products Professional Employer Organization Professional Exemption Professional Liability Prohibitions on Communications Prolonged Course Of Specialized Intellectual Instruction And Study Promotion Promotions Proposed Regulations Proposed Rule Proposed Rulemaking Pro Se Plaintiff Protected Activity Protective Gear Protective Order Prudential Overtime Class Action Pseudonym PSR PSRs PT Public Agency Public Highways Public Policy Public Safety Exemption Punitive Damages Putative Class Putative Class Members Putative Collective Action Putative Collective Action Member Quality Staffing Services Corporation Questionnaire R.I. Gen. Laws § 28-12-1 et seq. Railway Labor Act Railway Labor Act Exemption Raises Raniere v. Citigroup Inc. Raw Agricultural Goods RCW RCW 49.46.130(1) Re-opening Discovery Real Estate Broker Reasonable Attorney's Fees Reasonabless Recommendations Recommended Tip Reconsideration Record-Keeping Violations Recording Overtime Recording Time Recordkeeping Recordkeeping Burden Recordkeeping Rule Recreational Marijuana Recruiters Recruitment Expenses Recusal Registered Nurse Regular Pay Period Regular Rate Regular Workweek Regulations Reimbursement Relation Back Release Releases Invalidated Relevance Remand Remedial Purpose Repayment Reporters Representative Discovery Representative Plaintiffs Required Res Judicata Restaurants Restaurant Workers Restrictions on Class Communications Restrictions on Communications With Putative Class Members Retail and Service Establishment Retail Business Retail Concept Retail Establishment Retail Exemption Retail or Service Exemption Retaliation Retroactive Applicability Return of Tips RFID Study Rhode Island Rhode Island Minimum Wage Act RLA RLA Exemption RN Roberto Donna Room and Board Rounding Rounding Claims Rounding Down Rounding Policy Rule 8 Rule 12(b)(6) Rule 19 Rule 23 Rule 26 Rule 37 Rule 41 Rule 41(a) Rule 68 Rulemaking Rulemaking Authority Ryskamp S-Corporation S.D.N.Y. SAFETEA-LU Sahyers Salaried Employees Salaried Misclassified Salary Salary Basis Salary Misclassification Salary Threshold Sales Salesman Sales Representative Sanctions Saving Clause Savings Clause SCA Scheme To Avoid Paying Overtime Schering School Bus Drivers Scope of Discovery Scott v. City of New York SCOTUS Seaman's Wage Act Seaman Exemption Secondary Agricultural Exemption Second Circuit Second Filed Action Secretary of Labor Secretary of Labor's Interpretation Secretary of Transportation Secretary Perez Section 7 Section 7 Rights Section 8(a)(1) of the National Labor Relations Act Section 207(e)(2) Section 301 Securitas Security Guards Security Screening Security Screenings Self-Critical Analysis Privilege Self-Evaluation Privilege Separate And Independent Employer Service Changes Service Contract Act Set-off Settlement Settlement Agreement Settlement Approval Settlements Settlement With Co-Defendants Seventh Circuit Severability Clause Severance Severance Agreement Severance Payment Shift Differentials Shortened Statute of Limitations Sick Leave Sick Leave Buy-Back Silence as to Class Waiver Silence in Arbitration Agreement Silence in Collective Bargaining Silent Similarly Situated Simultaneous Employment Simultaneous Owner Employee Singular Workweek Sixth Circuit Skidmore Skycaps Slavery Sleep Time SmithKline Beecham Social Media Social Security Numbers Social Workers SOL Soleley At The Firefighter's Own Option Soliciting Orders Solis v. Tyson Solis v. Washington South Carolina Sovereign Immunity Special Detail Exemption Special Investigators Spoliation Sprint Staffing Agencies Staffing Agency Staff Leasing Company Stage 1 Stage 2 Stage I Stage II Standard on Motion for Decertification Standing Standing of Named Plaintiffs Starbucks State's Rights State Court State Employees State Law State Law Claims State Law Wage and Hour Class State Minimum Wage Laws State Rights Status of Opt-in Plaintiffs Statute of Limitations Statutory Notice Step Outside Normal Job Role Stipulation of Dismissal Stipulations Stock Broker Overtime Class Action Stolen Tips Stolt-Nielsen Stolt–Nielsen Store Manager Store Managers Straight Time Straight Time Overtime Stress Strippers Student-Workers Students Subclaims Subclass Subclasses Subcontractors Subjective Belief Subjective Good Faith Subject Matter Jurisdiction Substantive Right Substantive Statutory Rights Successor in Interest Successor Liability Suffer or Permit Summary Judgment Summary Judgment as to Individual Plaintiffs SuperShuttle Supervise Supplemental Jurisdiction Supplemental Notice Supreme Court Sutherland Sutter Sutter v. Oxford Health Plans LLC Syllabus Symczyk Symczyk v. Genesis HealthCare Corp. T. William Lester Taxicab Exemption Tax Services TCA Technical Corrections Act Teed v. Thomas & Betts Power Solutions Temporary Nonagricultural Workers Temporary Restraining Order Tender Tenth Circuit Test for Joint Employer Test for Successor Liability Under FLSA Thesholds Third-Party Beneficiary Third-Party Payroll Vendor Third-Party Plaintiff Third Circuit Thomas Three-Year Statute of Limitations Threshold Through Ticketing Time and a Half Time and Motion Study Timekeeping Time Records Timothy P. Glynn Tip Tip Credit Tip Credit Damages Tip Damages Tipped Employee Tipped Employees Tipped Minimum Wage Tip Pool Tip Pooling Tip Pool Participants Tip Retention Tips Title II of the Railway Labor Act Tolling Tolling of Statute of Limitations Tolling Statute of Limitations Tom Harkin Total Annual Compensation Tow Truck Trailer Training Costs Training Time Trash Collectors Travel Expenses Travel Time Trial Testimony TRO Truck Driver Truck Drivers Trump Trump DOL Tumbler Twenty-Eight Day Work Period Twenty Minutes Twitter Two Employees Twombly Tyson Foods U.S. Department of Labor U.S. Territories UCLA Study Ultra Filtrated Milk Ultra Filtration Unaccepted Offer of Judgment Unauthorized Aliens Unclean Hands Unconscionability Unconscionable Under Seal Undocumented Undocumented Aliens Undocumented Immigrants Undocumented Workers Unenforceable Union Union Wages Unjust Enrichment Unpaid Breaks Unpaid Exterships Unpaid Gratuities Unpaid Internships Unpaid Overtime Unpaid Wages Unpaid Wagse Unreachable Class Members Unrealized Revenues Unrepresented Untimely Unwaivable Updated Regulations Updating Regulations Urnikis-Negro Uronis v. Cabot Oil & Gas Corp. Used Cars USSC Vacation Buy-Back Variable Pay Varying Straight Time Pay Vehicle Expense Reimbursements Vehicle Expenses Venue Veracity Research Verbal Complaints Videoconference Testimony Videoconferencing Violators Virginia Visa Visa Expenses Voiding Collective Action Waivers Voluntary Settlement Volunteer Volunteer Firefighter W.D.Va. W2 Wachovia Overtime Class Action Wage Abuses Wage and Hour Wage and Hour Class Action Wage and Hour Division Wage and Hour Law Wage and Hour Laws Wage and Hour Lawsuit Wage and Hour Opinion Letters Wage Discrimination Wage Growth Wage Rates Wages Wage Theft Waiting Time Waiver Waiver Absent Arbitration Waiver of Affirmative Defenses Waiver of Attorney-Client Privilege Waiver of Privilege Wal-Mart Wal-Mart ASM's Wal-Mart Overtime Lawsuit Wal-Mart Settlement Wal-mart Stores Wal-Mart Wage and Hour Violations Walden v. State of Nevada Walk Time Walmart Walmart Suppliers Washington Minimum Wage WH-58 Receipt Form WHD White Collar Exemptions Wildland Firefighting Willfulness Wis. Stat. §§ 109.03 Woody Woo Work Work-Study Program Worker Misclassification Workers' Health Work Hours Working Hours Working Papers Work Materials Work Time Workweek Work Week WPCA Wrecking Services Written Notice Wynn Las Vegas Yard Hostler Zheng v. Liberty Apparel Co. Zinni § 203(o) § 203(r)(2)(C) § 207(a)(1) § 207(i) § 207(k) § 215 § 216 § 216(b) § 255(a) § 541.304 § 778.105 § 778.114 § 779.317

Wolfe v. Clear Title, LLC

This case was before the Court on Defendant’s Motion for Summary Judgment.  In resolving the Motion in favor of the Plaintiff, the Court also held that punitive damages are permissible to a Plaintiff in an FLSA retaliation case brought pursuant to 29 U.S.C. 215(a), after acknowledging a split of authority on the issue between Circuit courts and trial level courts within the Eighth Circuit as well.

“The prohibition on retaliation is stated in 29 U.S.C. § 215(a)(3), which makes it unlawful to discharge or in any other manner discriminate against any employee because the employee has filed a complaint or instituted or caused to be instituted a proceeding under the FLSA. The majority of circuits have held that this provision protects an employee who makes an internal complaint to the employer. Kasten v. Saint-Gobain Performance Plastics Corp. ., 570 F.3d 834, 838 (7th Cir.2009). The Eighth Circuit has interpreted the statute to prohibit discrimination against an employee who asserts or threatens to assert FLSA rights. Brennan v. Maxey’s Yamaha, Inc., 513 F.2d 179, 183 (8th Cir.1975). That interpretation has been criticized as contrary to the plain language of subsection 215(a)(3). See Kasten, 570 F.3d at 840 (holding that the phrase “file any complaint” requires a plaintiff employee to submit some sort of writing). Needless to say, the holding of the Eighth Circuit in Brennan v. Maxey’s Yamaha, Inc., is binding on this Court. Here, the conduct of which Wolfe complains falls within the prohibition of subsection 215(a)(3) as broadly interpreted by the Eighth Circuit.

The courts are divided on the issue of whether the FLSA provides for punitive damages for employees who are subject to retaliation for claiming their rights under that statutory scheme. The Seventh Circuit has held that punitive damages are available in FLSA retaliation cases. Travis v. Gary Community Mental Health Ctr., 921 F.2d 108, 112 (7th Cir.1990). The only other circuit to address the issue thus far is the Eleventh Circuit, which held that punitive damages are not available in FLSA retaliation cases. Snapp v. Unlimited Concepts, Inc., 208 F.3d 928 (11th Cir.2000), cert. denied, 532 U.S. 975, 121 S.Ct. 1609, 149 L.Ed.2d 474 (2001).FN1 The only district courts in the Eighth Circuit to address the issue are the Eastern and Western Districts of Missouri, and they, too, have reached opposite conclusions. The Eastern District of Missouri has followed the Eleventh Circuit in two cases. Huang v. Gateway Hotel Holdings, 520 F.Supp.2d 1137, 1143 (E.D.Mo.2007); Tucker v. Monsanto Co., 2007 WL 1686957 (E.D.Mo. June 8, 2007). Even before the Eleventh Circuit decided Snapp, the Eastern District of Missouri had held, without discussion, that the FLSA does not provide for punitive damages in retaliation cases. Waldermeyer v. ITT Consumer Fin. Corp., 782 F.Supp. 86, 88 (E.D.Mo.1991). On the other hand, the Western District of Missouri followed the Seventh Circuit in one case decided before Snapp, O’Brien v. Dekalb-Clinton Counties Ambulance Dist., 1996 WL 565817, at *6 (W.D.Mo. June 24, 1996) (“In the absence of conflicting interpretation of the amended section 16(b) by another circuit, the court is persuaded to follow the Seventh Circuit’s reasoning and hold that compensatory and punitive damages are available for violation of the FLSA’s anti-retaliation provision.”). See also Johnston v. Davis Security, Inc., 217 F.Supp.2d 1224, 1230-31 (D.Utah 2002) (holding that punitive damages are not recoverable under subsection 216(b)); Lanza v. Sugarland Run Homeowners Ass’n, Inc., 97 F.Supp.2d 737, 739-42 (E.D.Va.2000) (same). But see Marrow v. Allstate Sec. & Investigative Services, 167 F.Supp.2d 838, 842-46 (E.D.Pa.2001) (holding that punitive damages are recoverable in a claim for retaliation under the FLSA).

The remedies for violating the FLSA are set out in 29 U.S.C. § 216. Subsection 216(a) provides:

Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection.

Subsection 216(b) provides, in pertinent part:

Any employer who violates the provisions of section 215(a)(3) of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.

In Travis, the Seventh Circuit held that this provision authorizes legal relief, “a term commonly understood to include compensatory and punitive damages.” Travis, 921 F.2d at 111. Otherwise, the analysis in Travis was fairly cursory.

In Snapp, the Eleventh Circuit engaged in a lengthy, detailed analysis of the statutory scheme and arrived at a conclusion opposite from that reached in Travis. The court held in Snapp that the term “legal relief” ordinarily would include punitive damages, but interpreting the statute in the light of the principle of ejusdem generis, the court said that the term “legal relief” in subsection 216(b) should be construed to include only compensatory relief, not punitive damages, because the specific items listed in that subsection as “legal or equitable relief” were all designed to make plaintiffs whole.   Snapp, 208 F.3d at 934. The court also said that the statute was structured so that punitive sanctions were covered in subsection 216(a), while subsection 216(b) provided remedies for making aggrieved employees whole. Id. at 935.

The most thorough critique of the Eleventh Circuit’s reasoning in Snapp appears to be the critique of the Eastern District of Pennsylvania in Marrow. There, the court said that application of the maxim of ejusdem generis to subsection 216(b) was inappropriate because the subsection prefaces its list of various forms of relief with the phrase “including without limitation.” Marrow, 167 F.Supp.2d at 844 (emphasis by the Marrow court). “The most sensible reading of that phrase leads to the conclusion that by listing several potential forms of relief, Congress did not mean to exclude others.” Id. Moreover, Marrow reasoned, the purpose of subsection 215(a)(3) is not purely compensatory but is intended to deter employers from engaging in retaliation, so that limiting subsection 216(b) to remedies designed to make the plaintiff whole would not fully implement the intent of Congress. Id. The court in Marrow also found unpersuasive the argument that because Congress provided criminal sanctions in subsection 216(a) it could not have meant to include punitive damages in subsection 216(b). Id.

Although the issue is obviously not free from doubt, the undersigned is persuaded by the reasoning Marrow. Subsection 216(b) was drafted broadly to authorize “such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) of this title, including without limitation….” As Snapp noted:

“Legal relief” is certainly a broad formulation. It would have almost no boundary were it not for the commonly understood decision between the “legal” and “equitable” powers of a court. Where such an expansive term is used, we look for clues within the statute to help us understand the exact nature of the “legal relief” that Congress intended; and we are not disappointed when we look to section 216(b).Snapp, 208 F.3d at 934. The only limitation on the term “legal relief” stated in subsection 216(b) is that it be “appropriate to effectuate the purposes of section 215(a)(3)….” The ordinary meaning of “legal relief” as including punitive damages is consistent with that limitation because punitive damages may be appropriate in some cases to effectuate the purposes of subsection 215(a)(3). It is contrary to the legislative intent, as expressed in this broadly worded provision, to exclude punitive damages from the relief authorized by subsection 216(b). The maxim of ejusdem generis is an aid to ascertaining legislative intent and should not be employed to defeat legislative intent, to make general words meaningless, or to reach a conclusion inconsistent with other rules of construction. Donovan v. Anheuser-Busch, Inc., 666 F.2d 315, 326 (8th Cir.1981); United States v. Clark, 646 F.2d 1259, 1265 (8th Cir.1981).

Nor is the undersigned persuaded by the argument in Snapp that punitive sanctions are covered in subsection 216(a), while subsection 216(b) is designed to make plaintiffs whole. In Snapp, the court said, “Congress has already covered punitive damages in section 216(a); and there is simply no reason to carry the punitive element over from section 216(a) to section 216(b), a provision intended to compensate not punish.” Snapp, 208 F.3d at 935. Section 216 has five subsections: subsection 216(a) provides for criminal sanctions; subsection 216(b) provides for civil actions by aggrieved employees; subsection 216(c) provides for civil actions by the Secretary of Labor to recover unpaid minimum wages or overtime compensation on behalf of employees to which those wages are owed; subsection 216(d) states certain narrow exceptions to “liability or punishment” under the FLSA; and subsection 216(e) authorizes civil penalties for child labor violations. Section 216 is not structured so as to have a punishment section and a compensation section; instead, the structure includes a section providing for criminal prosecution by the government prosecuting attorneys, a section providing for civil actions by aggrieved employees, a section providing for civil actions by the Secretary of Labor to recover minimum wages and overtime on behalf of employees, and a section providing for civil penalties for child labor violations. The fact that in subsection 216(a) Congress provided criminal sanctions for willful violations of section 215 supports rather than undercuts the notion that the remedies available under subsection 216(b) include punitive damages, for it shows that Congress regarded willful violations as serious enough to warrant punishment and as a form of misconduct that stands in need of deterrence-which is to say that Congress determined that in some cases punishment would be “appropriate to effectuate the purposes of section 215(a)(3).” Moreover, that subsection 216(e) provides for penalties shows that subsection 216(a) was not intended as an exhaustive statement of the punishment available for violations of the FLSA.

In summary, subsection 216(b) was intended to authorize civil actions by aggrieved employees in which the employees could recover any form of legal or equitable relief that might be appropriate to effectuate the purposes of subsection 215(a)(3). In some cases, punitive damages might be appropriate to effectuate the purposes of that subsection. Therefore, punitive damages may in the proper case be recoverable under subsection 216(b).”

Tags: , , , , ,

By in Damages, Retaliation on .

Leave a Reply

Discover more from Overtime Law Blog

Subscribe now to keep reading and get access to the full archive.

Continue reading