- 8 - Threlkeld v. Commissioner, supra at 1307; Burditt v. Commissioner, T.C. Memo. 1999-117. The settlement agreement in the instant case expressly provides: “All Settlement Proceeds are paid to Plaintiffs on account of personal injuries.” The terms of the settlement agreement, however, do not reflect the substance of the settlement. See Burditt v. Commissioner, supra. The 1993 complaint filed in the action underlying this case was brought under the FLSA to recover unpaid overtime compensation, liquidated damages, and attorney’s fees. No claims of personal injury were made in the complaint. The FLSA does not provide for personal injury compensation. See Jacobs v. Commissioner, T.C. Memo. 2000-59. 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). The only relief available under the FLSA for excessive hours worked is the payment of back wages and liquidated damages. See 29 U.S.C. sec. 216(b) (1994). The liquidated damages are intended to compensate employees for damages too obscure or difficult to estimate caused by the delay of wage payment. See Overnight Motor Transp. Co. v. Missel, 316 U.S. 572, 583-584 (1942). Petitioner’s recovery of back wages is not attributable to personal injury or sickness. See Schleier v. Commissioner, supraPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011