GENERAL LAWS AND INFORMATION

Retaliation Against Employees

Anti-Retaliation Provision.

It is a violation of the FLSA for any person 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 committee.”

Complaints need not be in writing in order for an employee to receive protection under the Act. Formal complaints made to the Department of Labor are protected; internal complaints to an employer are also protected under this section.

Who is Protected?

All employees are protected. Section 15(a)(3) of the Act prohibits retaliation against “any employee.” Therefore, all employees are covered by the anti-retaliation provision—even in situations when the employer and the employee’s occupation are not covered by the FLSA. Former employees are also protected against retaliation by a former employer.

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