By: David C. Burton & Ashley W. Winsky
Williams Mullen (North Carolina and Virginia, USA)
On January 27, 2012, the Fourth Circuit held for the first time that an employee’s informal intra-company complaint regarding possible Fair Labor Standards Act (“FLSA”)
violations can constitute protected activity under the FLSA’s anti-retaliation provision. Minor v. Bostwick Labs. Inc., Case No. 10-1258, 2012 U.S. App. LEXIS 1493. The anti-retaliation provision of the FLSA makes it unlawful for a covered employer to “discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted any proceeding under or related to [the FLSA], or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.” 29 U.S.C. § 215(a)(3). An employer who violates Section 215(a)(3) may be liable to the complaining employee for a wide range of legal or equitable remedies, including without limitation reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages. 29 U.S.C. § 216. Click here to read entire article.
