Thursday, January 5, 2012

DOL Releases FLSA Retaliation Fact Sheet


In a March 22, 2011 decision, Kasten v. Saint-Gobain Performance Plastics Corp., the Supreme Court held that the FLSA prohibits retaliation against employees for making a complaint about FLSA violations, even if the complaint is oral, as opposed to being written.  In December 2011, the Wage and Hour Division of the Department of Labor issued a Fact Sheet providing general information concerning the anti-retaliation FLSA provision.  Fact Sheet # 77A: Prohibiting Retaliation Under the Fair Labor Standards Act presents information on prohibitions, coverage, and enforcement.  Under the Coverage section, the Fact Sheet explains that the provision applies even if there “is no current employment relationship between the parties” and it also applies “to all employees of an employer even in those instances in which the employee’s work and the employer are not covered by the FLSA.”  Most importantly, the fact sheet includes the standard set forth in Kasten v. Saint-Gobain Performance Plastics Corp.: “Employees are protected regardless of whether the complaint is made orally or in writing.”  For additional information, visit: http://www.wagehour.dol.gov.