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Protecting Employees from Unlawful Retaliation

Since its introduction in 1938, the Fair Labor Standards Act (FLSA) has served as a guardian against the unfair treatment of full and part-time employees throughout the United States. The FLSA regulates minimum wage, child labor, overtime payment, and recordkeeping for federal, state, and local governments, as well as employees in the private sector. Continuous amendments to the document ensure salary standards congruent with living expenses in the current economy.

Section 15(a)(3) of the FLSA, also known as the anti-retaliation provision, protects employees from discrimination or termination due to complaints made against their employer. This provision upholds the protection of employees from both written and oral complaints filed with the Wage and Hour Division of the U.S. Department of Labor (DoL). Complaints filed internally with an employer are also protected in most courts. Protected conduct varies and can include complaints about having to working off the clock or not being paid overtime.

The anti-retaliation provision is an essential part of the FLSA, as it allows employees to speak up for their rights without fear of negative backlash for doing so. Pay reduction, demotion, and any other form of employer retaliation against employee complaints are prohibited under this provision. These regulations apply to former, current, and future employers, guaranteeing that an employee is treated fairly across the board.

In the event of wrongful termination based on employee complaint or employee cooperation in an employer investigation, employees may seek legal remedies. These remedies may include, but are not limited to: lost wages, liquidated damages, attorney’s fees, compensatory damages, reinstatement, and injunctive relief.

As an employment law firm, Mays & Kerr regularly handles cases involving employer retaliation. One of our goals is to keep employees informed of their rights and assist in any way possible. For more information regarding the FLSA and its anti-retaliation provision, please visit the DoL website, or get in touch with us here.