4th Circuit Rules that Internal Complaints are Protected Activities Under FLSA’s Anti-Retaliation Provision

In Minor v. Bostwick Laboratories, Inc., Kathy Minor was hired by Bostwick Laboratories as a medical technologist on December 24, 2007.  She received satisfactory or above average ratings at her only performance review on April 30, 2008, just twelve days before her firing.  On May 6, 2008, Minor and several co-workers met with Bostwick’s chief operating

US Supreme Court to Decide Important Wage and Hour Case

Yesterday, the Supreme Court of the United States granted a writ of certiorari in Christopher v. SmithKline Beecham Corp.  The Ninth Circuit’s opinion, now on appeal, can be viewed here.  The issue was whether pharmaceutical sales representatives are “outside salesman” as referenced in Section 213(a) of the Fair Labor Standards Act and therefore exempt from

Fourth Circuit Rejects FLSA Retaliation Claim for Job Applicant

The Fourth Circuit recently issued a troubling 2-1 decision in Dellinger v. Science Applications International Corp.  The majority (Judges Niemeyer and Keenan) held that under the anti-retaliation provision for the Fair Labor Standards Act (FLSA, the federal wage and hour law), a job applicant cannot sue an employer that refused to hire her solely because

4th Circuit Examines FLSA’s Anti-Retaliation Provision

In Dellinger v. Sci. Applications International Corp., Natalie Dellinger sued her former employer, CACI, Inc., in July 2009 for alleged violations of the FLSA’s minimum wage and overtime provisions.  Around the same time, she applied for a job with Science Applications International Corporation.  In late August 2009, Science Applications offered Dellinger a job, contingent on her passing

Supreme Court Expands Wage and Hour Retaliation Claims

The Supreme Court of the United States ruled in favor of an employee last week in Kasten V. Saint-Gobain Performance Plastics Corp, which involves a retaliation claim based on verbal complaints of wage and hour violations. The plaintiff, an employee at Saint-Gobain, complained verbally several times about the placement of the time clock at Saint-Gobain

Patterson Harkavy Wins in Fourth Circuit for Underpaid Workers

In Simmons v. United Mortgage and Loan Investment, LLC, the Fourth Circuit ruled for plaintiffs and reversed the district court in this wage and hour case.  The plaintiffs are Charlotte-based Junior Asset Managers for a mortgage company who were not paid overtime even though they worked more than 40 hours per week.  They brought claims

Magistrate Judge Concludes that Smithfield Wage and Hour Collective Action Should Proceed

In this case, plaintiffs are bringing collective action claims under the Fair Labor Standards Act (FLSA) based on the under-payment of wages and overtime at Smithfield Packing’s Tar Heel, North Carolina meat processing facility.  Magistrate Judge Gates issued an opinion last week recommending that defendant’s motion to decertify the FLSA collective action be denied.  If

Government Enforcing Child Labor and Wage Laws for Farmworkers in North Carolina

The New York Times has this article about the Obama Administration’s effort to enforce the child labor and wage and hour laws on farms, and describes the effort in North Carolina in particular.  The Fair Labor Standards Act (FLSA) contains several exceptions for farmworkers, but sometimes-ignored restrictions of child labor are apparently now being more