Pagán-Colón v. Walgreens of San Patricio, Inc.
697 F.3d 1
1st Cir.2012Background
- Pagán-Colón, an assistant manager at Walgreens in Juana Díaz, Puerto Rico, was terminated after a two-week absence caused by a medical condition requiring hospitalization and recuperation.
- Pagán and his wife, Renta-Bonilla, sued Walgreens under the FMLA, Puerto Rico Law 80, and Puerto Rico Article 1802; only the FMLA claim went to trial after other PR-law claims were resolved.
- The district court awarded Pagán $100,000, remitted to $47,145 for lost wages including overtime, and denied liquidated damages; Pagán and Renta appealed.
- Walgreens challenged the denial of its Rule 50/59(e) motions, arguing insufficient evidence of FMLA liability and improper calculation of backpay, including overtime.
- Pagán and Renta cross-appealed alleging error in denying liquidated damages and in granting Walgreens summary judgment on Article 1802 claims; the court denied the PR-1802 claim but certified questions to the Puerto Rico Supreme Court on that issue.
- The First Circuit affirmed the district court on most issues, held that backpay may include overtime under the FMLA, and certified a Puerto Rico law question regarding Article 1802 damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA retaliation proof standard | Pagán argues evidence supports retaliation and pretext defeating summary judgment. | Walgreens contends evidence supports a legitimate, non-retaliatory reason. | Evidence supports pretext, not entitlement to judgment as a matter of law. |
| Overtime backpay under FMLA | Backpay should include overtime as 'other compensation' under the statute. | Overtime backpay is not available under the FMLA, or should be limited. | Overtime backpay may be included in FMLA backpay. |
| Liquidated damages discretion | District court erred by denying liquidated damages despite jury finding in employee's favor. | District court acted within discretion, finding good faith and reasonable grounds for termination. | Court did not abuse discretion; affirmed denial of liquidated damages (subject to the record). |
| Derivative Article 1802 damages | Relatives may recover emotional distress under Article 1802 where employee claims fail under federal law. | Article 1802 of Puerto Rico law does not provide such damages derivatively when federal law bars them. | Unresolved under Puerto Rico law; certified questions to Puerto Rico Supreme Court. |
Key Cases Cited
- Colburn v. Parker Hannifin/Nichols Portland Div., 429 F.3d 325 (1st Cir. 2005) (FMLA retaliation requires causal link and animus; McDonnell Douglas framework applicable)
- Hodgens v. Gen. Dynamics Corp., 144 F.3d 151 (1st Cir. 1998) (McDonnell Douglas burden-shifting framework for retaliation claims)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (Foundation for burden-shifting in discrimination cases)
- Alvarado-Santos v. Dep't of Health, 619 F.3d 126 (1st Cir. 2010) (Standard for reviewing Rule 50 factual sufficiency and preserving verdict)
- Fryer v. A.S.A.P. Fire & Safety Corp., 658 F.3d 85 (1st Cir. 2011) (FMLA damages and related remedies considerations)