Tag Archives: anti-retaliation

New York State Court Issues Injunction Preventing Eviction of Tenant-Employee With Pending Asserted Wage and Hour Claims

Injunctive relief is infrequently sought in wage-and-hour litigation, which typically focuses on whether an employer properly paid wages for time periods which already transpired, as well as for any period after the filing of an action where the challenged practice means unchanged. However, injunctive relief can be available in FLSA cases. In a prime example, a … 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

Appellate Court Rejects Applicant’s Attempt To Extend FLSA’s Anti-Retaliation Protections To Prospective Employer

29 U.S.C. 215(a)(3) prohibits employer retaliation against an employee for complaints alleging FLSA violations (though the contours of what constitutes a protected complaint are still uncertain).  An unanswered question has been whether the FLSA’s anti-retaliation protections prohibit a prospective employer from considering an applicant’s FLSA activity arising out of previous employment?  Recently, the Court of … Continue Reading
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