Companies that retaliate against workers for complaining about pay practices
may be violating the Fair Labor Standards Act.
Retaliation includes such actions as firing, failing to promote, transferring to a
worse location or one of many other negative employment actions.
The Department of Labor has issued a new
FLSA retaliation fact sheet concerning illegal retaliation against employees. The fact sheet provides
general information relating to the FLSA’s prohibition against retaliation
against people who have filed a complaint or cooperated in an investigation.
The prohibited actions apply whether you are an exempt or a non-exempt employee.
The specific provision provides “it is a violation to discharge or
in any other manner discriminate against any employee because such employee
has filed any complaint or instituted or caused to be instituted any proceeding
under or related to this Act, or has testified or is about to testify
in any such proceeding, or has served or is about to serve on an industry
Further, based on Supreme Court law complaints don’t have to be written
to be the basis of a retaliation action. As long as the complaint is sufficiently
clear and detailed – even if it’s verbal – your rights
may be protected.
For more information about the Fair Labor Standards Act (FLSA) and retaliation,
contact the top
Atlanta wage and hour lawyers The Buckley Law Firm, LLC for an immediate consultation.