Fair Labor Standards Act Retaliation

The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive... more +
The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive working hours, child labor, unpaid overtime and unsafe working conditions.  less -
News & Analysis as of

Affordable Care Act Retaliation Complaint Procedures Finalized

On October 12, 2016, the U.S. Department of Labor issued its Final Rule governing retaliation complaints under the Affordable Care Act (ACA). The ACA is one of more than 20 whistleblower laws that are administered by the...more

OSHA Issues Final Rule On Complaints Under Affordable Care Act's Anti-Retaliation Provision

The Affordable Care Act (ACA) added Section 18C to the Fair Labor Standards Act (FLSA) to prohibit retaliation against employees who engage in certain activities protected by the ACA. Responsibility for receiving and...more

The Retaliation Problem

The Equal Employment Opportunity Commission just released new guidance on retaliation, updating guidelines last issued in 1998. Reviewing the new guidance reminded us of all the times that retaliation has become an issue...more

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

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

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

California Employment Law Notes - March 2016

Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed - Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) - David W. Sanders, a maintenance manager for Energy Northwest (a...more

The Employment Law Authority - January/February 2016

A federal appellate court recently held that an employer did not violate Title VII of the Civil Rights Act when it discharged an employee shortly after she informed her manager that she was pregnant. According to the Fifth...more

Employers Take Note: Federal Agencies Issue Wage & Hour and Retaliation Guidance

The start of the New Year has brought about a flurry of federal administrative agency activity, including guidance from the Department of Labor (DOL) on the joint employer standard to be used for wage and hour matters, as...more

Employment Law - February 2016

In Equal Pay Push, EEOC to Collect Pay Data From Employers - Why it matters - On the anniversary of the Lilly Ledbetter Fair Pay Act, President Barack Obama announced that the Equal Employment Opportunity Commission...more

California Employment Law Notes - January 2016

Court Reverses $1 Million Discrimination Verdict Entered Against LA Fire Department - Jumaane v. City of Los Angeles, 241 Cal. App. 4th 1390 (2015) - Jabari Jumaane, an African-American firefighter with the Los...more

Court rules informal complaint about overtime could be basis of FLSA retaliation claim

The number of overtime and minimum wage claims against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that rise comes the risk of FLSA retaliation claims. As a new case from the Tenth Circuit...more

Employment Law - November 2015 #2

California Supreme Court to Consider "Day of Rest" Law: Why it matters - The California Supreme Court has agreed to weigh in on the number of consecutive days an employee may legally work without running afoul of...more

Employment Flash - October 2015

SEC Adopts CEO Pay Ratio Rule - The U.S. Securities and Exchange Commission (SEC) recently adopted a final rule requiring public companies to disclose the ratio of annual pay of their chief executive to median annual pay...more

The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

The Second Circuit (Sort of) and the Fourth Circuit (Completely) Refuse to Apply “Manager Rule” to Title VII Retaliation Claims

The so-called “manager rule” addresses a concern that employers may face a “litigation minefield” if a manager whose very job duties required them to report discrimination complaints could later sue for retaliation if they...more

Second Circuit Holds that FLSA Settlements Require Court or Department of Labor Approval

On August 7, 2015, in Dorain Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the United States Court of Appeals for the Second Circuit held that the Fair Labor Standards Act (“FLSA”) is an “applicable...more

Fourth Circuit Decides Rule Exempting Certain Management Professionals from Retaliation Lawsuits Not Applicable under Title VII

Employers in the Fourth Circuit states of Maryland, North Carolina, South Carolina, Virginia and West Virginia must now be mindful that employees who deal with complaints of discrimination and harassment can point to that...more

SuperVision Today - August 2015

Notes from the Chair and Executive Editor - Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group... ...In this edition of SuperVision...more

Fourth Circuit Rejects “Manager Rule” in Title VII Claims

On Monday, August 10, the Fourth Circuit rejected the application of the “manager rule” in the Title VII context, finding it “would discourage . . . employees from voicing concerns about workplace discrimination.”...more

NLRB Says Filing Class Action Lawsuit is Protected Concerted Activity

Section 7 of the National Labor Relations Act prohibits employers from discriminating or retaliating against employees who engage in protected concerted activity. Concerted Activity means actions involving terms and...more

What is Retaliation in the Second Circuit Under the FLSA?

On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc., that an internal oral complaint could be sufficient to...more

Complaining to the Boss? The Second Circuit Says That’s Protected

In 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corporation that oral complaints are protected by anti-relation provisions of the Fair Labor Standards Act (“FLSA”), but it did not address a...more

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

Retaliation Claims Still Remind Us: Scrutinize Your Employment Decisions

For employers, retaliation is often worse than the original challenged behavior. But left unanswered in some instances is this question: What does an employee have to do to actually be protected by anti-retaliation...more

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