internal wage-hour complaints

Co-authored by Steve Shardonofsky and Howard M. Wexler

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 anti-retaliation provision.  But the question whether an oral complaint made to a private employer rather than to the
Continue Reading Whatcha Talkin’ Bout: Oral Complaints Made to Employer Constitute Protected Activity under FLSA, Says Second Circuit

Authored by Arthur Rooney

The FLSA makes it unlawful for any person “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted . . . any proceeding” for violations of the FLSA.  29 U.S.C. § 215(a)(3).  Accordingly, employees who file lawsuits against their employer are protected by the FLSA’s

Continue Reading Whether “Informal Complaints” of Wage-Hour Violations Trigger Protection under the FLSA Remains Unclear