-8- sec. 216(b) (1994). These liquidated damages are intended to compensate employees not for personal injury but for damages that may be too obscure or difficult to estimate because of the delay of wage payment. See Overnight Motor Transp. Co. v. Missel, 316 U.S. 572, 583-584 (1942). Accordingly, if a claim arose solely under the FLSA, petitioner would most likely fail to meet the test of Commissioner v. Schleier, supra. However, petitioner argues that, along with the FLSA claim, another claim existed–-the intentional and/or negligent infliction of emotional distress.5 Petitioner contends that this, and not the FLSA claim, was the claim upon which the lawsuit was settled. Indisputably, no claims for personal injury were alleged in the 1993 class action pleadings. Nevertheless, petitioner points out that under Pipitone v. United States, 180 F.3d 859, 863 (7th Cir. 1999), the absence of an allegation does not bar the existence of a tort claim or the ability of the parties to settle upon it. We agree that claims need not be specifically enumerated to be the basis of a settlement. Nonetheless, the payor must be aware of that claim. Id. Practically speaking, the complaint is 5 Petitioner claims that she experienced “dry heaves” and had to take prescription Tagamet to prevent an ulcer. She also claims that her marriage suffered because of job-related stress.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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