Unlawful Retaliation Under the FLSA

The federal Fair Labor Standards Act (FLSA) ensures that employees in Florida and throughout the country are paid fairly for their work. The FLSA has a number of components that require employers to pay all non-exempt employees at least the minimum wage for each hour worked, overtime pay at the rate of 1.5 times the employee’s regular rate of pay for hours worked over 40 each week, for short breaks as well as for meal periods where the employee must perform any work duties, and more. If your FLSA rights are violated and you file a wage theft claim, or if you agree to participate in an investigation into an FLSA violation, it is critical to know that your employer cannot retaliate against you.

To be clear, the FLSA prohibits retaliation. If an employer does retaliate, you may be able to file a retaliation claim with assistance from a Palm Beach Gardens employment law attorney. Our firm can tell you more about unlawful retaliation under the FLSA.

What is Retaliation?

The US Department of Labor clarifies that retaliation is prohibited under the FLSA. It specifically says, “Employees who have filed complaints or provided information cannot be discriminated against or discharged on account of such activity.”

Retaliation can take many different forms, but in general, it means any adverse action taken against you by an employer in response to your decision to exercise rights you have under the law. Various state and federal laws explicitly prohibit retaliation, including the FLSA. Some common examples of retaliation that is unlawful under the FLSA include but are not limited to the following:

• Being terminated for reporting an FLSA violation or participating in an FLSA investigation;
• Receiving poor performance reviews for reporting an FLSA violation or participating in an FLSA investigation;
• Being scheduled at a time or work location your employer knows to be inconvenient to you for reporting an FLSA violation or participating in an FLSA investigation;
• Being denied a promotion because you reported an FLSA violation or participated in an FLSA investigation; or
• Experiencing excessive oversight and micromanagement after you reported an FLSA violation or participated in an FLSA investigation.

What to Do If You Have Faced Retaliation

 If your employer engaged in any form of retaliation in response to a wage theft claim you filed or other FLSA-related action, you may be able to file a claim.

When employers violate the FLSA and are held accountable, the employee who has been harmed may be eligible for job reinstatement, lost wages, and additional money in damages, depending on the circumstances of the case.

Contact a Palm Beach Gardens Wage and Hour Law Attorney Today 

Unlawful retaliation can take many different forms in the workplace, and it is important to seek legal advice if you believe you have experienced unlawful retaliation as a result of your FLSA complaint or participation in an FLSA investigation. One of the experienced Palm Beach Gardens wage and hour lawyers at Sconzo Law Office can talk to you today to learn more about the adverse actions your employer took against you and to help you file a retaliation claim if it is appropriate under the circumstances. Keep in mind that retaliation can be subtle, and a lawyer may be able to identify unlawful retaliation even when you are not certain that this is what you have experienced. Contact us today for assistance with your case.

Source:

dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa#16