FLSA - Retaliation

In Sonderling v. Ikes Artisan Pizza LLC , the U.S. Department of Labor (DOL) is pursuing a legal theory that, if adopted by the court, would allow the DOL to seek punitive damages in Fair Labor Standards Act (FLSA) retaliation lawsuits.

Does a plaintiff’s allegation that he was about to join a pending Fair Labor Standards Act (FLSA) collective (class) action against his former employer, combined with the employer’s knowledge that he was a potential class member, sufficiently constitute being “about to testify” in an FLSA proceeding

The substantive provisions of the FLSA protect covered non-exempt employees’ right to receive minimum wage and, as applicable, overtime pay. The statute’s anti-retaliation provision is co-extensive: it protects employees from termination or other adverse employment action in response to complaints t

The question of whether a threat to reduce pay constitutes an adverse employment action is before the Fifth Circuit. Last week, a trucking school asked the Fifth Circuit to uphold a trial court decision dismissing the case on summary judgment, in part due to the fact that while the plaintiff alleged

On April 20, 2015, the U.S. Court of Appeals for the Second Circuit ruled in Greathouse v. JHS Security Inc. that internal complaints to an employer are now protected from retaliation under the Fair Labor Standards Act ("FLSA"). This decision overrules the court's long-standing precedent that an emp