In a recent Fifth Circuit Court of Appeals decision, the court allowed plaintiffs to recover emotional distress damages in a Fair Labor Standards Act case (FLSA). In doing so, the Fifth Circuit joined the Sixth and Seventh Circuits. In Pineda v. JTCH Apartments, L.L.C. (5th Circuit December 19, 2016), Pineda did maintenance work in and around the apartment complex of JTCH Apartments. As part of Pineda’s compensation for this work, JTCH discounted Pena’s rent. Pineda filed the lawsuit initially just seeking unpaid overtime under the FLSA. He sued JTCH and its owner and manager, Simona Vizireanu. Three days after Pineda served JTCH with the summons, he and his wife received a notice to vacate their apartment for nonpayment of rent. The amount JTCH demanded equaled the rent reductions Pena had received over the period of Pineda’s employment. After a jury trial, the plaintiff was awarded him overtime back wages and liquidated damages for a retaliation claim.
The plaintiffs appealed arguing that the court should have also instructed on emotional distress. After discussing the statutory interpretation of the damages clause of the FLSA, the court determined that the FLSA’s broad authorization of “legal and equitable relief” encompasses compensation for emotional injuries suffered by an employee on account of employer retaliation. The court remanded the case for a determination whether Pineda has proven any emotional distress.