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Pineda v. JTCH Apartments, L.L.C. (No. 15-10932, December 19, 2016)

Articles Discussing Case:

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

Ogletree Deakins • December 28, 2016
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 damages in a retaliation claim asserted under the Fair Labor Standards Act (FLSA). At the same time, the Fifth Circuit held that only an employee can assert an FLSA retaliation claim.