Tag Archives: FLSA Retaliation
4th Cir.: Job Applicant Lacked Standing Under § 215 for Retaliation Against Prospective Employer; Protections Extend Only to “Employees”
Dellinger v. Science Applications International Corp. Plaintiff commenced this action under the Fair Labor Standards Act of 1938 (“FLSA”) against Science Applications International Corporation which, she alleges, retaliated against her, in violation of the FLSA’s anti-retaliation provision, 29 U.S.C. § … Continue reading
Filed under Retaliation
E.D.Va.: Plaintiff Alleged Actionable Retaliation Claim, Where Asserted Former Employer Denied Him Work as Independent Contractor In Retaliation for Testimony in Co-Employee’s Case
Boscarello v. Audio Video Systems, Inc. In this Fair Labor Standards Act (FLSA) retaliation action, a former employee sued his former employers alleging that defendants retaliated against him, in violation of 29 U.S.C. § 215(a)(3), by refusing to provide him … Continue reading
Filed under Independent Contractor vs Employee, Retaliation
U.S.S.C.: Oral Complaints Are Sufficient to Trigger the Anti-Retaliation Provisions of the Fair Labor Standards Act
Kasten v. Saint-Gobain Performance Plastics Corp. Kasten brought an anti-retaliation suit against his former employer, respondent (Saint-Gobain), under the Fair Labor Standards Act of 1938 (Act), which forbids employers “to discharge . . . any employee because such employee has … Continue reading
Filed under Retaliation
8th Cir.: Recording Overtime Over Defendant-Employer’s Objections Not Protected Activity Under 29 U.S.C. § 215
Ritchie v. St. Louis Jewish Light Plaintiff brought this case under 29 U.S.C. § 215. Holding that informal complaints are not protected activity under the FLSA’s anti-retaliation provisions, the lower court dismissed and Plaintiff appealed, arguing that such informal complaints are … Continue reading
Filed under Retaliation
W.D.Tex.: Emotional Distress and Punitive Damages Unavailable In FLSA Retaliation Claim
Douglas v. Mission Chevrolet In addition to seeking unpaid overtime wages and liquidated damages under the FLSA, the Plaintiff alleged that he was entitled to emotional distress and/or punitive damages as a result of claimed retaliation in violation of the … Continue reading
Filed under Damages, Retaliation
11th Cir.: Res Judicata Did Not Bar Claims Of FLSA Retaliation; Such Claims Arose After The Original Pleading Was Filed In The Earlier Litigation, So Not Previously Litigated
Moore v. Sei Pak This case was before the Eleventh Circuit on Plaintiffs’ appeal of summary judgment in favor of their employer (“Pak”), in their suit against Pak for retaliation under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § … Continue reading
Filed under Affirmative Defenses, Retaliation
E.D.Va.: Applicant For A Job May Not Assert An Action For FLSA Retaliation, Because Not A Covered “Employee” Of The Potential Employer
Dellinger v. Science Applications Intern. Corp. This case was before the Court on a Motion to Dismiss filed by Defendant. Plaintiff alleged that Defendant violated the anti-retaliation provision of the Fair Labor Standards Act (“FLSA”) codified at 29 U.S.C. § … Continue reading
Filed under Employer, Retaliation
M.D.Fla.: Compensatory Damages Available To Plaintiff In FLSA Retaliation Claim
Vaccaro v. Custom Sounds, Inc. This case was before the Court, following Defendant’s default. The Court set the matter for an evidentiary hearing on the issue of damages to be awarded in the final default judgment. Of significance the Court ruled … Continue reading
Filed under Damages, Retaliation
M.D.Tenn.: Police Officers Who Allegedly Arrested Employees In Retaliation For Informal Unpaid Wage Complaints Are Properly Defendants In A 29 U.S.C. § 215(a) Case
Montano-Perez v. Durrett Cheese Sales, Inc. Defendant, a local Police Department, sued for their alleged role in retaliating against Plaintiffs, in cooperation with Plaintiffs’ employer filed a Motion to Dismiss the FLSA Retaliation claims asserted against it. For the reasons … Continue reading
Filed under Retaliation
E.D.Ark: Punitive Damage Awards Permissible For FLSA Retaliation Claims
Wolfe v. Clear Title, LLC This case was before the Court on Defendant’s Motion for Summary Judgment. In resolving the Motion in favor of the Plaintiff, the Court also held that punitive damages are permissible to a Plaintiff in an … Continue reading
Filed under Damages, Retaliation
