In wage and hour retaliation claims, plaintiffs can now receive damages for emotional distress under the Fair Labor Standards Act (FLSA). Oftentimes jurors tend toward empathy for plaintiffs while feeling that managers acted out of retribution for FLSA claims. SHRM urges employers to train managers in anti-retaliation or suffer some expensive consequences. Employers should note that emotional distress damages are under federal discrimination law and not subject to damages caps.
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