Overtime Lawyer Blog

Companies that retaliate against workers for complaining about pay practices may be violating the Fair Labor Standards Act. Retaliation includes such actions as firing, failing to promote, transferring to a worse location or one of many other negative employment actions.

The Department of Labor has issued a new FLSA retaliation fact sheet concerning illegal retaliation against employees. The fact sheet provides general information relating to the FLSA’s prohibition against retaliation against people who have filed a complaint or cooperated in an investigation.

The prohibited actions apply whether you are an exempt or a non-exempt employee.

The specific provision provides "it is a violation to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee."

Further, based on Supreme Court law complaints don’t have to be written to be the basis of a retaliation action. As long as the complaint is sufficiently clear and detailed – even if it’s verbal – your rights may be protected.

Continue reading "What Is Illegal Retaliation Under The Fair Labor Standards Act?" »

In a recent court of appeals decision out of the Fourth Circuit, the court determined that while current and former employees are entitled to protection from retaliation under the Fair Labor Standards Act FLSA, prospective employees are not entitled to the same protection.

In Dellinger v. Science Applications International, the 4th Circuit evaluated a woman’s claim that she had been subject to retaliation. Here, Natalie Dellinger applied for a position at Science Applications International Corporation. Dellinger was offered the job with certain conditions such as passing a drug test and completing a security clearance. After she disclosed her lawsuit against a previous employer based on wage and hour violations, including minimum wage and overtime violations, her job offer was withdrawn.

Dellinger then filed n a lawsuit under the FLSA, alleging that she had been the victim of retaliation. The 4th Circuit denied Dellinger’s claim, finding that the FLSA’s protection against retaliation applies only to current employees, and as a result prospective employees cannot sue potential employers for retaliation. The Court focused on the nature of the “employee/employer” relationship, stating “[T]he anti-retaliation provision was meant to ensure that employees could sue to obtain minimum wages and maximum hours from their employers without the employers taking adverse action against them for the exercise of those rights.”

Although the retaliation provisions of the FLSA were not extended to prospective employees, the court also noted its desire not to enable future employers to discriminate against employees for exercising their rights under the FLSA.

Continue reading "Dellinger v. Science Applications International Determines Retaliation Provision Of Fair Labor Standards Act Applies To Current And Former Employees" »