What's Protected and What's Not
(current 4th Circuit law)

4th Circuit Summary:  As interpreted by the Fourth Circuit Court of appeals, FLSA prohibits retaliation for opting in, filing suit, testimony given or about to be given but not for an employee's voicing of a position on working conditions in opposition to an employer.

Commentary:  The Fourth Circuit's majority's decision is a hard blow to FLSA's central purpose of achieving fair labor standards. The decision undermines FLSA's enforcement scheme by stripping protection from many employees who witness unfair labor practices.

Proving Retaliation

In order to assert a prima facie claim of retaliation under the FLSA, a plaintiff must prove: (1) that he or she engaged in an activity protected by the FLSA; (2) that he or she suffered adverse action by the employer subsequent to or contemporaneous with such protected activity; and (3) a causal connection existed between the employee's activity and the employer's adverse action. See Conner v. Schnuck Markets, Inc., 121 F.3d 1390, 1394 (10th Cir.1997). If the employee establishes a prima facie claim of retaliation, the employer must provide a legitimate reason for the adverse action. Id. Once the employer sets forth a non-discriminatory reason for its adverse reaction, the plaintiff may attempt to demonstrate the pretextual nature of the explanation proffered.

CAUTION:

The Fourth Circuit Court of Appeals has expressly held that the FLSA's anti-retaliation provision does not extend to internal complaints. See Ball v. Memphis Bar-B-Q Co., Inc., 228 F.3d 360, 364 (4th Cir.2000) ("We would be unfaithful to the language of the testimony clause of the FLSA's anti-retaliation provision if we were to expand its applicability to intra-company complaints....").

Note:  Against a Government Employer - Provided the complaint concerns a matter of public concern and not merely a private concern, additional protections are afforded to employees under the 1st Amendment to the United States Constitution. 

  View Complaint

           To receive the benefit of the suit, you must opt in by completing the form and forwarding to this law firm ASAP!  The statute of limitations does not stop running until the opt-in form filed with the court by the law firm.  Opt-In Form in Word Format

After Opt-In Form - Complete and Forward The
 Preliminary Damage Calculation Form

Contact:

Thomas H. Roberts, Esq.
Thomas H. Roberts & Associates, P.C.
Virginia Civil Rights Attorneys
105 S. 1st Street
Richmond, Virginia 23219
804) 783-2000
804) 783-2105