Retaliation is Prohibited under the Fair Labor Standards Act (“FLSA”)

Employees are protected from retaliation regardless of whether the complaint is made orally or in writing.

Because the FLSA prohibits “any person” from retaliating against “any employee,” the protection against retaliation applies to all employees of an employer even in those instances in which the employee’s work and the employer are not covered by the FLSA.

Prohibitions against retaliation also apply in situations where there is no current employment relationship between the parties; for example, it protects an employee from retaliation by a former employer.

In December 2011, the U.S. Department of Labor (“DOL”), Wage and Hour Division (“WHD”), released guidance pertaining to prohibitions against retaliation under the Fair Labor Standards Act (“FLSA”). The WHD FLSA guidance, set forth in WHD Fact Sheet #77A, incorporates the holding from the United States Supreme Court’s decision in Kasten v. Saint-Gobain, where the Court expanded the FLSA’s anti-retaliation provision to include an internal, verbal complaint made by an employee about possible FLSA violations.

Retaliation under FLSA




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