Altenhofen v. Fabricor

Opinion Summary: Barbara Summers, Kent Summers and their company, Fabricor, Inc., appeal from the judgment entered following a jury verdict in favor of Paul D. Altenhofen in his action for unpaid overtime wages and for retaliatory discharge in violation of the Fair Labor Standards Act, 29 U.S.C. section 201 et. seq, and specifically 29 U.S.C. section 215 (""FLSA""). They contend that the court erred in overruling their motions for directed verdict and judgment not withstanding the verdict (""JNOV"") on (1) Altenhofen's retaliatory discharge claim, (2) the jury's award for lost wages and emotional distress damages, and (3) the jury's award of overtime pay. They also contend that the court erred in instructing the jury on Altenhofen's retaliatory discharge claim. Altenhofen cross-appeals, contending that the court erred in (1) granting the Summerses' JNOV on the punitive damages award; (2) denying liquidated damages on his retaliatory discharge claim; and (3) denying his motion for reinstatement.