Retaliation

The Federal Fair Labor Standards Act (FLSA) provides certain minimum wage and overtime standards that apply to nearly all U.S. employers. Pursuant to the FLSA, employers must pay workers at least minimum wage ($7.25/hour, although in some states the wage is higher) and pay all non-exempt workers overtime compensation for time worked in excess of…

According to a recent federal lawsuit, a worker who kept forgetting to punch in for work but had an excellent attendance record showed could bring a claim for retaliation under the Fair Labor Standards Act (FLSA). In Kasten v. Saint-Gobain Performance Plastics Corp., a worker – Kevin Kasten – kept forgetting to clock in and…

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…

In a recent employment discrimination case, the U.S. Court of Appeals for the 11th Circuit determined that employees who experience a hostile work environment may file and maintain claims of retaliation under Title VII of the Civil Rights Act of 1964, a federal law that prohibits employment discrimination in the workplace. Title VII prohibits discrimination…

In an interesting case, the 7th circuit court of appeals determined that an employee may be held personally liable where their actions lead an employer to retaliate against employee. In Smith v. Bray, a black employee was fired for allegedly taking unapproved leave. Smith had fired race discrimination and retaliation charges against the company, his former supervisor and…

Federal employment laws prohibit many forms of discrimination, including religious, sex and race discrimination. Employers are also prohibited from retaliating against workers who complain about discrimination. A recent case looked at what actions could support a claim for retaliation under Title VII. In Hilton v. Shin, a woman – Glynese Hilton – was fired after she…

A recent case upheld a $417,955 jury verdict award in a sex discrimination retaliation case. In Lore v. Syracuse, a female police officer – Therese Lore – filed a sex discrimination case claim after she had replaced in her position as a Public Information Officer with the City of Syracuse. Federal law provides that a sex…

Recently a federal jury awarded a pathologist a $7.6 million retaliation verdict. In Renta v. Cook County, a jury determined that a health agency had retaliated against a physician – Dr. Vivian Renta – after she complained about substandard hospital policies and the quality of care patients were receiving. The verdict represents damages for back pay,…

A recent case determined that an employer’s varying rationale for terminating a manager showed “pretext” sufficient to withstand a motion for summary judgment. In Eades v. Brookdale Senior Living Inc., a 42 –year-old man, David Eades – was fired from his job at a senior living center. Eades subsequently filed a lawsuit alleging violations of the Age Discrimination in Employment…

What if what looks like a standard layoff is really hiding an illegal act, such as retaliation, against an employee? Retaliation may be hard to pin down, but it may be actionable if all of the facts line up. Basically, a retaliatory firing is one that occurs because the employee has complained of discrimination or…