Category Archives: FLSA Retaliation

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Second Circuit Expands The Scope Of FLSA Protected Activity To Include Oral Complaints To Employer

In a 2-1 decision issued on April 20, 2015, the Second Circuit expanded the scope of protected activity under the Fair Labor Standard Act’s (FLSA) anti-retaliation provision. The FLSA prohibits retaliation against an employee who “has filed any complaint . . . related to” the FLSA’s provisions. In Greathouse v. JHS Security, Inc., the Second Circuit considered … Continue Reading

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir. Feb. 13, 2013).  Though encouraging for employers, the decision does not specifically enumerate factors courts should consider in exercising discretion with respect to awarding … Continue Reading

What’s A Protected “Complaint” Under The FLSA’s Anti-Retaliation Provision?

On December 26, 2012, the Eleventh Circuit issued a ruling that strengthens defenses to “protected activity” in FLSA retaliation actions.  Miller v. Roche Surety & Casualty Co., Inc.,  No. 12-cv-10259 (11th Cir. Dec. 26, 2012) (unpublished).  In particular, this decision shields employers in situations where employees make vague, unclear and/or ambiguous statements that they later … Continue Reading

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 activity and an adverse employment action.  Kasten v. Saint-Gobain Performance Plastics Corp., No. 12-cv-1671, 2012 U.S. App. LEXIS 24624 (7th Cir. … Continue Reading
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