LexisNexis® Legal Newsroom
Fourth Circuit Authorizes Retaliation by Prospective Employers Against FLSA Claimants

In a significant employment law case, the Fourth Circuit ruled last Friday that an employer may decline employment to a prospective employees due to her having made FLSA charges against a previous employer. The case, decided 2-1 over a strong dissent from Judge King, is Dellinger v. Science Applications...

Retaliation: 2012 and Beyond

Retaliation claims are here to stay. According to charge statistics recently released by the EEOC, retaliation claims rose to an all-time high of 37,344 in fiscal year 2011, and were included in 37.4% of all charges filed with the agency. Recent developments lead us to conclude that this trend will...

What is Retaliation in the Second Circuit Under the FLSA?

by Kevin Smith and Ryan Duffy On April 20, 2015, the United States Court of Appeals for the Second Circuit reversed a long-standing precedent when it held in Greathouse v. JHS Security Inc. that an internal oral complaint could be sufficient to demonstrate protected activity and form the basis for...