Answer: Yes. The employee’s letter was an assertion of her rights under the Act and was delivered to the employer’s office manager.
The employer claimed that only a formal complaint filed with a court or agency is protected activity under the FLSA. Courts are split on this issue, and neither the Department of Labor nor the EEOC has expressed an official position. In this case, the First Circuit Court of Appeals found that the purpose of the FLSA would be thwarted if employers could terminate employees who had asserted their rights yet had not filed a formal complaint. The court concluded that the employee’s letter was a protected complaint and remanded the case for further proceedings.
Employers who violate the FLSA may be subject to wage hour injunctions, civil penalties, or criminal prosecution depending on the severity of the violation and the number of previous violations.
Injunctions: Injunctions are used by the Wage and Hour Division to restrain future violations of the FLSA and to keep goods which were produced in violation of the FLSA out of interstate commerce.
Civil penalties: Employers who repeatedly or willfully violate the minimum wage or overtime provisions of the FLSA may be subject to civil penalties of up to $1,000 per violation. Violations are "repeated" if an employer has previously received notice from the Wage and Hour Division for violations, or if the employer was found by a court to have violated the provision. Violations are "willful" if the employer knew that its conduct was prohibited by the FLSA or showed reckless disregard for the law’s requirements. Conduct is in reckless disregard if the employer should have inquired further into whether its conduct was in compliance with the FLSA and it failed to make adequate inquiry.
Cite: Valerio v. Putnam Associates Inc., CA-1, Dkt. No. 98-1399, April 9, 1999.
Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health care and small business professionals. CCH offers human resource management, payroll, employment, benefits, and worker safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.
The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.