Tag Archives: 29 usc 215(a)(3)

Eleventh Circuit Rules Liquidated Damages Discretionary, Not Automatic, in FLSA Retaliation Cases

Addressing a divided body of law, the Court of Appeals for the Eleventh Circuit — where numerous FLSA actions are brought particularly within the state of Florida — has ruled that a Florida district court did not err when it declined to award 100% FLSA liquidated damages to several plaintiffs who prevailed at a jury … Continue Reading

Another Circuit Court Circumscribes Scope of Activity Protected by FLSA’s Anti-Retaliation Provision

Consistent with a recent decision from the Eighth Circuit, the Court of Appeals for the Fifth Circuit recently rejected a Plaintiff’s contention that her termination was related to alleged complaints she made regarding her former employer’s compliance with the FLSA. Lasater v. Tex. A&M University-Commerce, 2012 U.S. App. LEXIS 22118 (5th Cir. 2012). In Lasater, Plaintiff … Continue Reading

Circuit Court: Complaints About Holiday Issue Not Protected Under FLSA Anti-Retaliation Provision

The Supreme Court recently ruled that the FLSA’s anti-retaliation provision protects oral complaints regarding issues “under or related to [the FLSA].” 29 U.S.C. § 215(a)(3). However, the Court of Appeals for the Eighth Circuit recently affirmed a District Court’s ruling that such anti-retaliation protections did not extend to a complaint about an employer’s policy regarding paid time … Continue Reading

Federal Judge Rules FLSA’s New Lactation Requirement Does Not Create Private Right of Action (But Retaliation Claim Survives)

As we discussed at the time of enactment, the FLSA was amended in 2010 to require that employers provide non-exempt employees with “a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public” to express breast milk.  In a new decision, a federal judge in Iowa … Continue Reading
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