02-21149-CV0 Kanida

02-21149-CV0 Kanida - 1 REVISED April 12, 2004 UNITED...

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Unformatted text preview: 1 REVISED April 12, 2004 UNITED STATES COURT OF APPEALS FIFTH CIRCUIT ____________ No. 02-21149 ____________ LORETHA KANIDA, Plaintiff Appellant, versus GULF COAST MEDICAL PERSONNEL LP; NURSEFINDERS INC, Defendants Appellees. Appeal from the United States District Court For the Southern District of Texas Before JONES, EMILIO M. GARZA, and BENAVIDES, Circuit Judges. EMILIO M. GARZA, Circuit Judge: Loretha Kanida appeals from a jury verdict in favor of her employers, defendants Gulf Coast Medical Personnel LP (GCMP) and Nursefinders Inc., which found that the defendants United States Court of Appeals Fifth Circuit F I L E D April 7, 2004 Charles R. Fulbruge III Clerk did not retaliate against Kanida in violation of the Fair Labor Standards Act. 29 U.S.C. 215(a) (3). Kanida claims that she is entitled to a new trial because the district court refused to include a requested permissive pretext instruction in the jury charge, and also because of two additional jury instructions she requested that the district court refused to give. Kanida also claims that two jury instructions the district court actually gave were improper and require a new trial. Additionally, Kanida challenges the district courts evidentiary rulings limiting or excluding the testimony of five witnesses. Finally, Kanida claims that the district court erred when it concluded that a victim of retaliation cannot recover compensatory and punitive damages under the FLSA. For the following reasons, we affirm the district court. I In August 1999, Kanida contacted Mary Beth Parks, the founder and owner of Gulf Coast Medical Personnel (GCMP), and requested a meeting. At this meeting Kanida claimed that GCMP owed her unpaid overtime compensation. Parks collected Kanidas employment records, calculated the amount that GCMP owed, and offered payment to Kanida. Kanida refused GCMPs offers, and demanded payment of an amount significantly higher than Parks calculated. Kanida filed a complaint regarding the unpaid overtime compensation with the Department of Labor (DOL), which commenced an investigation in November 1999. While this investigation was ongoing, Parks finalized the sale of GCMP to Nursefinders. Parks continued to work for Nursefinders, and Nursefinders assumed any potential liability associated with Kanidas claims. At the conclusion of the DOLs investigation, Nursefinders and Parks attended a conference with the DOL where Parks acknowledged liability for the unpaid overtime. Parks subsequently offered payment of unpaid overtime compensation to all of the affected employees as determined by the DOL. Kanida again declined to accept payment of this amount and retained counsel to pursue the matter. Kanida filed this lawsuit in May 2000, but continued working for Nursefinders until January 2001 when she left voluntarily....
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This note was uploaded on 09/30/2011 for the course EMGT 5130 taught by Professor Jeong during the Fall '11 term at UH Clear Lake.

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02-21149-CV0 Kanida - 1 REVISED April 12, 2004 UNITED...

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