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

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

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

Second Circuit Holds that Internal Complaints Suffice Under the FLSA’s Anti-Retaliation Provision

In a unanimous decision, the Second Circuit ruled on April 20 that internal complaints to an employer are protected from retaliation under the Fair Labor Standards Act (FLSA). Employers within the Second Circuit — New York,...more

Oral Complaint to Supervisor Can Support FLSA Retaliation Claim, Says Second Circuit

On April 20, 2015, the Second Circuit overruled its existing precedent and held that oral complaints of FLSA violations, made internally to a supervisor, can form the basis for a retaliation claim under Section 215 of the...more

The Employment Law Authority - January/February 2015

In This Issue: - High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action - EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers? - State...more

Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim

Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held...more

Executive Briefing

In its decision on Templemire v. W&M Welding, Inc., the Missouri Supreme Court imposed a minimalist “contributing factor” causation standard on workers’ compensation retaliation claims. The decision overrules two precedents,...more

Employment Law -- Dec 20, 2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

Court is in Session: Three Employment Law Cases Before the Supreme Court to Watch This Term

The United States Supreme Court is now in session and three cases stand out on the docket that private employers will want to follow. While not the blockbusters heard during the Court’s last session, these cases will address...more

A Review Of The Supreme Court’s 2012-2013 Term

As the United States Supreme Court’s 2012-2013 term drew to a close at the end of June, commentators observed a continuing gradual but perceptible shift to the right by the Court. The Roberts Court is generally viewed as...more

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

Oregon Passes Workplace Protection Law for Unpaid Interns

Oregon Governor John Kitzhaber on June 13, 2013 signed into law a bill extending employment discrimination protection to interns. The new law grants unpaid interns legal recourse under Oregon's employment discrimination laws...more

Reviewing and Updating Your Employer Compliance Checklists

Given the plethora of recent changes in the employment law landscape, employers probably made reviewing compliance checklists a New Year’s resolution for 2013. From hiring employees, to training them, to auditing existing...more

Best Practices in Employment Law 2013: An Update for Executives, Managers, Business Owners and Human Resources Professionals


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