Demanding recourse if your employer undermines your rights to assert your rights under the FLSA

The Fair Labor Standards Act (FLSA) sets standards for minimum wages, overtime pay, hours, child labor, and other employment conditions. Unfortunately, many workers hesitate to exercise their FLSA rights because they fear retribution from their employers. However, the law prohibits any form of retaliation for filing a complaint, cooperating in a U.S. Department of Labor (DOL) investigation, or otherwise complaining about violations of the FLSA.

DeLong, Caldwell, Bridgers, Fitzpatrick & Benjamin, LLC is a law firm specializing in employment and labor law matters. Our attorneys are strong supporters of the labor laws’ anti-retaliation provisions because justice could not prevail without these protections. After all, what good is a law that workers are afraid to uphold? That is why we pay close attention to how your employer responds to your legitimate FLSA violation grievances. If employers retaliate against you, we take immediate action to hold them accountable and protect your job, wages, and fair workplace conditions.

Prohibited retribution for FLSA violation complaints

The FLSA specifically forbids retaliatory actions by employers accused of violating the law governing overtime, wages, and hours. The anti-retaliation provision may apply to you whether your complaint was in writing or made orally, whether you filed a formal complaint with the U.S. Department of Labor (DOL) or an internal grievance with your company, and even if your actual job is not covered by the FLSA. In addition to prohibiting your employer from directly penalizing you, the law also holds your employer accountable for its employees’ punitive actions. Retaliatory conduct that may be considered unlawful under the FLSA regulations includes the following:

• Discharging you from your job
• Denying you a promotion
• Giving you unfavorable projects and assignments
• Cutting your hours or transferring you to undesirable shifts
• Discriminating against you in employment decisions

Damages for FLSA-related retaliation

The Wage and Hour Division of the U.S. Department of Labor (DOL) also enforces FLSA provisions, including those forbidding retaliation. To build a solid case, our lawyers investigate your circumstances and gather relevant evidence indicating that retaliation occurred. Accordingly, we advise that you file a complaint with the Wage and Hour Division or file a lawsuit in civil court. Depending upon the facts of your individual situation, we may pursue reinstatement of your job and payment of lost wages and an equal amount in liquidated damages, as well as for cost and attorneys’ fees.