Did you ever feel that your employer treated you differently after you questioned your pay or overtime? After making such an inquiry, maybe your hours got cut or perhaps it’s something more significant like an undeserved reprimand. The Fair Labor Standards Act (FLSA) provides essential protections for workers, including the right to not be retaliated against for asserting a good faith belief that you’re being underpaid.
The anti-retaliation provisions of the FLSA cover variety of adverse employment actions. This basically means that an employer cannot “punish” employees for asserting their legal right to be lawfully paid for all of their hours worked. Employees can assert their legal rights in a variety of ways, including raising a pay issue informally, contacting the Department of Labor, filing a claim or lawsuit, or even participating in an investigation about an employer’s wage and hour practices. “Adverse employment action” includes a variety of negative consequences, including firing, demotion/failure to promote, pay cuts, or even more subtle changes like reducing an employee’s hours or responsibilities.
The FLSA ensures that employees can seek fair treatment without putting their job in jeopardy. Retaliation is a separate claim that employees can bring along with their original wage dispute and provides additional damages.