What Is Illegal Retaliation Under The Fair Labor Standards Act?

Companies that retaliate against workers for complaining about pay practices may be violating the Fair Labor Standards Act. Retaliation includes such actions as firing, failing to promote, transferring to a worse location or one of many other negative employment actions.

The Department of Labor has issued a new FLSA retaliation fact sheet concerning illegal retaliation against employees. The fact sheet provides general information relating to the FLSA’s prohibition against retaliation against people who have filed a complaint or cooperated in an investigation.

The prohibited actions apply whether you are an exempt or a non-exempt employee.

The specific provision provides “it is a violation to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.”

Further, based on Supreme Court law complaints don’t have to be written to be the basis of a retaliation action. As long as the complaint is sufficiently clear and detailed – even if it’s verbal – your rights may be protected.

For more information about the Fair Labor Standards Act (FLSA) and retaliation, contact the top Atlanta wage and hour lawyers Buckley Bala Wilson Mew LLP for an immediate case evaluation.