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Lambert v. Ackerly

Citations: 156 F.3d 1018; 1998 WL 672064Docket: Nos. 96-36017, 96-36266 & 96-36267

Court: Court of Appeals for the Ninth Circuit; October 1, 1998; Federal Appellate Court

Narrative Opinion Summary

In this case, former employees of the Seattle SuperSonics and Full House Sports, Entertainment Inc. alleged wrongful termination in retaliation for raising concerns about unpaid overtime, in violation of the Fair Labor Standards Act (FLSA) and Washington state public policy. The district court reduced punitive damages and awarded attorney fees to the plaintiffs after a jury verdict favored them. The plaintiffs cross-appealed the attorney fees, while the defendants challenged both the denial of their motion for judgment as a matter of law and the fee award. The court found the plaintiffs' federal claims under the FLSA invalid due to the nature of informal complaints, but upheld their claims under Washington law, which protects such informal complaints. The damages awarded were reviewed, with punitive damages dismissed under state law and emotional distress awards deemed excessive, necessitating reassessment. The case was remanded to evaluate liability under state law further, including the plaintiffs' burden of proof and the determination of the Ackerlys as 'employers' for personal liability. The court's decision underscored the distinction between federal and state protections against retaliation, affirming in part and reversing in part, with a remand for reassessment.

Legal Issues Addressed

Damages in Retaliation Cases under Washington Law

Application: The court reversed the punitive damages awarded under the FLSA, as Washington law prohibits punitive damages in wrongful termination cases and found the emotional distress awards to be excessive.

Reasoning: Washington law prohibits punitive damages in wrongful termination cases, leading to the reversal of any such damages awarded. Each plaintiff was granted $75,000 for emotional distress, but the defendants contested this amount as speculative.

Employer Liability under Washington State Law

Application: The court found sufficient evidence to support retaliation claims for all plaintiffs based on Lambert's protected conduct, even though the defendants argued that only Lambert’s complaints should protect the others.

Reasoning: The defendants argue that only Lambert’s complaints should protect the other plaintiffs, but the court finds sufficient evidence to support retaliation claims for all plaintiffs based on Lambert's protected conduct.

Retaliation under the Fair Labor Standards Act (FLSA)

Application: The court determined that informal complaints do not qualify as protected activity under the FLSA's anti-retaliation provision, thereby dismissing the plaintiffs' federal retaliation claims.

Reasoning: The court determined that while the plaintiffs did not establish a valid claim under federal law, they could proceed under Washington law. It ruled that informal complaints do not qualify as protected activity under the FLSA's anti-retaliation provision, indicating that the jury instructions suggesting otherwise were incorrect.

Retaliation under Washington State Law

Application: The plaintiffs were able to proceed with their claims under Washington state law, which prohibits retaliation against employees who complain to their employer about wage issues.

Reasoning: Despite failing to establish a federal retaliation claim, the plaintiffs have valid state law claims under Washington law. Washington law prohibits retaliation against employees who complain to their employer about wage issues or initiate related proceedings.