Venable partner Ron Taylor was quoted in a March 22 Law360 article on the recent U.S. Supreme Court ruling that the Fair Labor Standards Act (FLSA) protects workers from retaliation for verbal as well as written complaints.
On the impact for employers in light of some uncertainty about the applications of this ruling, Taylor said, "The lesson for employers pretty clearly is that if somebody has made a complaint, a cautious employer is going to treat it as protected." He added that to stave off retaliation actions, employers should closely review whether an employee has engaged in activity that is clearly or not so clearly protected by FLSA before initiating any adverse actions.
On the impact for employers in light of some uncertainty about the applications of this ruling, Taylor said, "The lesson for employers pretty clearly is that if somebody has made a complaint, a cautious employer is going to treat it as protected." He added that to stave off retaliation actions, employers should closely review whether an employee has engaged in activity that is clearly or not so clearly protected by FLSA before initiating any adverse actions.