- 13 - bifurcated the damages and liability portions of the trial4 and, therefore, claim no discovery on personal injuries was appropriate. This reasoning is unsatisfactory because it ignores the fact that the bifurcation happened more than 2 years after the amended complaint was filed without reference to injury or illness. Moreover, the settlement terms make it unlikely that the liquidated damages payments were made to compensate specific personal injuries or sicknesses. All plaintiffs in Kinnett received a liquidated damages settlement amount equal to their back wages payment. The amounts paid were paid to each plaintiff in the action without reference to the severity or even existence of injury. Finally, petitioners filed their cause of action under a Federal act that does not provide for personal injury compensation. The FLSA was enacted to establish minimum wages and maximum hours for employees. See Brooklyn Sav. Bank v. O’Neil, 324 U.S. 697, 707 (1945). According to 29 U.S.C. section 216(b) (1994), the only relief available under the FLSA for excessive hours worked is the payment of back wages and payment of liquidated damages, which are intended to compensate the employee for damages too obscure or difficult to estimate 4 The pretrial order does not explain why the damage and liability portions of the trial were bifurcated.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011