Jeffrey H. Ruzal, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in, in “Plaintiffs Can Now Receive Emotional Distress Damages in Wage and Hour Retaliation Claims,” by Allen Smith.

Following is an excerpt:

Inadvertent retaliation might crop up when a manager becomes particularly alert to time-tracking and pay practices for an employee who has lodged a wage and hour complaint with HR, noted Jeffrey Ruzal, an attorney with Epstein Becker Green in New York City. Suppose a manager in good faith creates a new, fail-safe way to account for all of the complaining employee’s worktime, requiring him or her to record time on multiple platforms such as clocking in and out, plus a time sheet, and a daily e-mail. The new procedure might be so allegedly vexing for the worker that the employee leaves, claiming that the employer forced the worker out of the job. The manager’s reaction to the original complaint may have been innocent, even conscientious, but now the employer will have to defend against a retaliation claim that could carry emotional distress damages. …

As for managers that intentionally retaliate, there should be zero tolerance for them acting outside the scope of their job description, Ruzal said. “Such behavior puts the employer at significant risk of liability and is disruptive and toxic to the workplace,” he noted.


Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.