Consumer Fraud

Fair Labor Standards Act: Whistleblowing and Retaliation – FLSA anti-retaliation provisions

This is the fifth installment in The Fraud List: Fair Labor Series

the fraud list fair labor edition1 370x210 Fair Labor Standards Act: Whistleblowing and Retaliation – FLSA anti retaliation provisionsNobody likes a tattletale, but when laws are being broken by one’s employer, it becomes the responsibility of the employee to “blow the whistle” to upper management. This responsibility can seem like more of a burden to some workers fearing their job will be affected by whistleblowing. Fortunately, thanks to the Fair Labor Standards Act (FLSA), any employee that experiences discrimination or retaliation due to their brave actions is protected by the anti-retaliation provisions of the FLSA.

According to the FLSA, it is a direct violation 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.”

The FLSA even goes as far as to protect employees stating their complaint in writing or orally. This is because the Department of Labor’s Wage and Hour Division (WHD) knows how difficult it can be for an employee to come forward about suspicious or unlawful behavior by their employer.

For many workers, their job may be the only thing providing for their family, and the idea of their complaint putting their family’s lives in jeopardy can be overwhelming. However, any employee who is “discharged or in any other manner discriminated against” because of these actions are entitled to file a whistleblower retaliation complaint with the WHD.

Lawyers at Beasley Allen Law Firm are handling cases involving whistleblower claims and other issues with FLSA violations. “Many wage and hour violations go unreported because employees are unaware of the retaliation and discrimination protections provided by the FLSA,” said attorney Lance Gould.

For more information on the WHD and how to file a whistleblower or retaliation complaint, visit the WHD’s website at http://www.dol.gov/whd/.

Next Week:

Each Thursday we will examine a topic of employment law. This is a complex area of law that covers federal and state statues, as well as administrative issues and judicial precedents. Next week, our topic will be The National Labor Relations Act (NLRA) and Unions. To be informed of the latest post in this series, follow us on Facebook, Twitter and Google+ by searching for #TheFraudList.

Sources:
WHD
Jere Beasley Report