Tag Archives: protected activity

Ninth Circuit Affirms: Not All Complaints About Work Policies Relating to Hours “Protected Activity” Under the FLSA

The substantive provisions of the FLSA protect covered non-exempt employees’ right to receive minimum wage and, as applicable, overtime pay.  The statute’s anti-retaliation provision is co-extensive: it protects employees from termination or other adverse employment action in response to complaints that those provisions were violated.  The FLSA however does not extend anti-retaliation protections to employees … Continue Reading

Florida Judge Rejects Retaliation, Interference Claims Brought By Wait Staff

One defense commonly asserted to retaliation claims under the FLSA (and most other anti-retaliation statutes) is whether the complaint or activity allegedly leading to the alleged adverse action constituted “protected activity” under the relevant statute. Seeking to clarify this standard, a Florida District Court Judge found the alleged complaints were not sufficiently specific to constitute “protected … Continue Reading

SDNY: 13 Months Between “Protected Activity” and Termination Does Not Support Retaliation Claim

Employers often are frustrated by an employee’s characterization in litigation of prior workplace complaints – many times dating back months or even years – as “protected activity” within the meaning of one or more employment statutes.  Distinguishing true “protected activity” from the a mere employee complaint can be a difficult task.  At the initial stage … 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

New York Federal Court Reiterates Second Circuit’s Narrow View of Protected Activity for Purposes of FLSA Retaliation Claims

As previously discussed, last March the Supreme Court ruled that the FLSA’s anti-retaliation provision protects “informal” complaints, i.e., unwritten complaints alleging violation of the FLSA are protected activity to support a retaliation complaint.  Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834 (Mar. 22, 2011). However, the Court declined to resolve the open issue of whether the … Continue Reading
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