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
anti-retaliation
Another Circuit Court Circumscribes Scope of Activity Protected by FLSA’s Anti-Retaliation Provision
By Noel P. Tripp on
Posted in Retaliation
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).…
Appellate Court Rejects Applicant’s Attempt To Extend FLSA’s Anti-Retaliation Protections To Prospective Employer
By Noel P. Tripp on
Posted in Retaliation
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…
Can I Reject An Applicant Because She Sued Another Business Under the FLSA?
By Noel P. Tripp on
Posted in Retaliation
In today’s world, it is not overly difficult for a prospective employer to learn that an applicant has sued a prior employer under the FLSA. Can the prospective employer decide not to hire based on this information?
In Dellinger v. Sci. Applications Int’l Corp., 2010 U.S. Dist. LEXIS 32861 (E.D. Va. Apr. 2, 2010), Judge…