Santiago Pineda v. JTCH Apartments, L.L.C.

GREGG COSTA, Circuit Judge:

This appeal raises two questions about the retaliation provision of the Fair Labor Standards Act: Does the Act allow a retaliation victim to recover damages for emotional distress? Does the Act protect a nonemployee spouse from employer backlash? We conclude that the FLSA allows only employees to bring suit, but that an employee may recover for emotional injury resulting from retaliation.

I

Santiago Pineda and Maria Pena, a married couple, lived in an apartment owned by JTCH Apartments, L.L.C. and leased to Pena. Pineda did maintenance work in and around the apartment…