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FLSA Retaliation Liquidated Damages Are Discretionary, Not Mandatory
The U.S. Court of Appeals for the Eleventh Circuit held Feb. 13 in an issue of first impression (Moore v. Appliance Direct Inc., 11th Cir., No. 11-15227, 2/13/13), that a federal district court had the discretion to deny liquidated damages to three home appliance delivery drivers who prevailed at trial on their Fair Labor Standards Act retaliation claims because such awards are not mandatory under the statute. In so ruling, the Eleventh Circuit joined the Sixth and Eighth circuits, by finding that the plain language of FLSA Section 216(b) requires mandatory liquidated damages only for employer violations of the statute's minimum wage and overtime provisions, not the retaliation provision.
FMLA Rule Eases Eligibility for Flight Crews And Provides Leave for Military Caregivers
The Labor Department Feb. 5 issued a final rule expanding the protections of the Family and Medical Leave Act for families of military veterans and for airline flight crews. The 424-page rule is scheduled for publication in the Feb. 6 Federal Register and will become effective 30 days after publication.
US Department of Labor Releases 2012 FMLA Survey Report
The US Department of Labor released findings of a survey titled Family and Medical Leave Act in 2012: Final Report showing that FMLA continues to make a positive impact on the lives of workers without imposing an undue burden upon employers. Employers and employees alike find it relatively easy to comply with the law. For more information and survey results: http://www.dol.gov/whd/fmla/survey/ .
EEOC Says Retaliation Most Frequent 2012 Charge
On January 28, 2013, the Equal Employment Opportunity Commission (EEOC) announced that retaliation charges filed under all the statutes the agency enforces continued to be the most frequently filed in fiscal year 2012, with race and sex discrimination the next most frequent claims, EEOC received 37,836 private sector retaliation charges during the fiscal year that ended Sept. 30, 2012, 33,512 race discrimination charges, and 30,356 sex discrimination charges, which includes pregnancy bias and sexual harassment claims. Retaliation overtook race discrimination as the most frequently alleged claim in EEOC charges beginning in fiscal 2009, and retaliation charges have led every fiscal year since then, according to EEOC.
FMLA Leave Covers Care of Adult Child No Matter When Disability Began
According to Administrator's Interpretation No. 2013-1 issued by the US Labor Department's Wage and Hour Division Jan. 14, an eligible employee is entitled to take leave under the Family and Medical Leave Act to care for an adult child who is incapable of self-care because of a disability regardless of the child's age when the disability began.
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