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Fair Labor Standards Act (FLSA) Oral Complaints

McAfee & Taft

Employee says ‘Labor Board;’ Court says ‘Retaliation’

McAfee & Taft on

When does a retaliation claim under the Fair Labor Standards Act (FLSA) arise? Put another way, does an employee actually have to go to the U.S. Department of Labor before an adverse employment action in order to have a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Clarifies That FLSA’s Anti-Retaliation Protection Includes Oral Complaints

Greathouse v. JHS Security Inc., No. 12-4521 (2d Cir. Apr. 20, 2015): The Second Circuit Court of Appeals vacated and remanded the Southern District of New York’s decision dismissing an employee’s wage retaliation claim...more

Parker Poe Adams & Bernstein LLP

Informal Complaint to Supervisor About Pay Prohibits Retaliation Under the FLSA

As with most federal labor laws, the Fair Labor Standards Act prohibits employers from retaliating against employees who complain about violation of their rights to overtime pay and minimum wage. In its 2011 Kasten decision,...more

Kelley Drye & Warren LLP

After Second Circuit Decision, Oral Complaint to Employer May Support FLSA Retaliation Claim

Under the federal Fair Labor Standards Act (“FLSA”), it is unlawful “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint … related to” the FLSA. ...more

Seyfarth Shaw LLP

Whatcha Talkin’ Bout: Oral Complaints Made to Employer Constitute Protected Activity under FLSA, Says Second Circuit

Seyfarth Shaw LLP on

In 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that oral complaints of a violation of the Fair Labor Standards Act can constitute protected activity under the FLSA’s...more

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