News & Analysis as of

Fair Labor Standards Act (FLSA) Adverse Employment Action Retaliation

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

First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption

On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair...more

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

Texas Court Finds Overtime Restrictions Could Be a Materially Adverse Employment Action in FLSA Retaliation Claim

The Texas Court of Appeals for the Fourteenth District recently reversed and remanded a judgment in favor of an employer on an employee’s claim of retaliation under the Fair Labor Standards Act (FLSA). The court found there...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Zelle  LLP

The Retaliation Problem

Zelle LLP on

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

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

Sheppard Mullin Richter & Hampton LLP

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

Proskauer - Whistleblower Defense

Key Indicia Of Retaliation In FLSA Action

The U.S. Court of Appeals for the Seventh Circuit recently denied an employer’s motion for summary judgment in a closely watched FLSA retaliation case based on circumstantial evidence of a causal nexus between protected...more

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