Last year, the U.S. Supreme Court ruled that an employee’s verbal complaints were protected under the Fair Labor Standards Act’s (FLSA) retaliation provision. Following that ruling, the DOL has released guidance outlining the FLSA’s prohibition of retaliation and what is considered a complaint.
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Get Your Report Now!Overview of the case. An employee verbally complained to management that the placement of time clocks forced employees to put on and take off protective equipment (donning and doffing) before clocking in and after clocking out, a violation of the FLSA.
Following the complaints, the employee was progressively disciplined for using the time clock incorrectly and was eventually fired. The employee sued the employer for retaliation.
The Supreme Court ruled in favor of the employee finding the verbal complaint was a protected under the FLSA. The decision continued a trend of ruling in favor of plaintiffs who charge retaliation for whistleblowing or protesting illegal conduct by employers.
DOL releases guidance. This week, the DOL’s Wage and Hour Division (WHD) released a fact sheet that provides general information concerning the FLSA’s prohibition of retaliating against any employee who has filed a complaint or cooperated in an investigation [Section 15(a)(3)].
Highlights include:
- Employees are protected regardless of whether the complaint is oral or in writing.
- All employees of an employer are protected under the retaliation provision, even if an employee’s work and the employer are not covered by the FLSA.
- An employment relationship is not required for coverage; for example, Section 15(a)(3) protects an employee from retaliation by a former employer.
The fact sheet is available on Compensation.BLR.com or the WHD website.