Retaliation For Objecting To Minimum Wage And Overtime Violations

The FLSA also prohibits employers from retaliating or discriminating against any employee for filing a complaint in court or with the Department of Labor objecting to or opposing its failure to comply with the FLSA, or for testifying in a proceeding in court or at the Department of Labor. Retaliation is any adverse action such as termination, demotion, suspension, reduction of hours, transfer to a less desirable position, reduction in pay, etc. 29 U.S.C. § 215. An employee who has been retaliated against for complaints of FLSA violations may be reinstated, recover all lost wages and benefits and an equal amount as liquidated damages, as well as his/her reasonable attorneys' fees and court costs.

However, prior to complaining directly to the employer about overtime or minimum wage violations, the employee should consult experienced wage and hour attorneys, such as those at Billips & Benjamin LLP. Without professional advise prior to complaining, the employee runs the very real risk that his/her complaint will not be considered by the courts to be "protected" under the law and the employee may be fired by the unscrupulous employer. This is because some courts have held that the anti-retaliation provisions of the FLSA apply only to the filing of formal complaints, institution of proceedings, or testifying, but do not cover complaints made to supervisors or to human resources. Other courts have held that informal complaints made to the employer are protected under the law. The unsettled nature of this issue is a good example of where the law can create a pitfall or trap for the uninformed employee. If you think your employer is violating the FLSA, call the experienced wage and hour attorneys at Billips & Benjamin LLP before notifying your employer of your concerns.